Deals are not done until they are done
We were excited to close the sale of our Consumer Insights business last week to Edison, as I blogged about last week on the Return Path blog. But it brought back to mind the great Yogi Berra quote that “it ain’t over ’til it’s over.”
We’ve done lots of deals over our 18 year existence. Something like 12 or 13 acquisitions and 5 spin-offs or divestitures. And a very large number of equity and debt financings.
We’ve also had four deals that didn’t get done. One was an acquisition we were going to make that we pulled away from during due diligence because we found some things in due diligence that proved our acquisition thesis incorrect. We pulled the plug on that one relatively early. I’m sure it was painful for the target company, but the timing was mid-process, and that is what due diligence is for. One was a financing that we had pretty much ready to go right around the time the markets melted down in late 2008.
But the other two were deals that fell apart when they were literally at the goal line – all legal work done, Boards either approved or lined up to approve, press releases written. One was an acquisition we were planning to make, and the other was a divestiture. Both were horrible experiences. No one likes being left at the altar. The feeling in the moment is terrible, but the clean-up afterwards is tough, too. As one of my board members said at the time of one of these two incidents – “what do you do with all the guests and the food?”
What I learned from these two experiences, and they were very different from each other and also a while back now, is a few things:
- If you’re pulling out of a deal, give the bad news as early as possible, but absolutely give the news. We actually had one of the “fall apart at the goal line” deals where the other party literally didn’t show up for the closing and never returned a phone call after that. Amateur hour at its worst
- When you’re giving the bad news, do it as directly as possible – and offer as much constructive feedback as possible. Life is long, and there’s no reason to completely burn a relationship if you don’t have to
- Use the due diligence and documentation period to regularly pull up and ask if things are still on track. It’s easy in the heat and rapid pace of a deal to lose sight of the original thesis, economic justification, or some internal commitments. The time to remember those is not at the finish line
- Sellers should consider asking for a breakup fee in some situations. This is tough and of course cuts both ways – I wouldn’t want to agree to one as a buyer. But if you get into a process that’s likely to cause damage to your company if it doesn’t go through by virtue of the process itself, it’s a reasonable ask
But mostly, my general rule now is to be skeptical right up until the very last minute.
Because deals are not done until they are done.
The Gift of Feedback, Part II
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The Gift of Feedback, Part II
I’ve written a few times over the years about our 360 feedback process at Return Path. In Part I of this series in early 2008, I spelled out my development plan coming out of that year’s 360 live review process. I have my new plan now after this year’s process, and I thought I’d share it once again. This year I have four items to work on:
- Continue to develop the executive team. Manage the team more aggressively and intentionally. Upgrade existing people, push hard on next-level team development, and critically evaluate the organization every 3-6 months to see if the execs are scaling well enough or if they need to replaced or augmented
- Formalize junior staff interaction. Create more intentional feedback loops before/after meetings, including with the staff member if needed, and cultivate acceptance of transparency; get managers to do the same. Be extra skeptical about the feedback I’m getting, realizing that I may not get an accurate or complete picture
- Foster deeper engagement across the entire organization. Simplify/streamline company mission and balanced scorecard through a combination of deeper level maps/scorecards, maybe a higher level scorecard, and constant reinforcing communication. Drive multi-year planning process to be fun, touching the entire company, and culminating in a renewed enthusiasm
- Disrupt early and often, the right way. Introduce an element of productive disruption/creative destruction into the way I lead, noting item 2 around feedback loops
Thanks to everyone internally who contributed to this review. I appreciate your time and input. Onward!
Think Global, Act Local
Think Global, Act Local
At Return Path, we have always had a commitment to community service and helping make the world around us a better place. We ratcheted that up a lot in the last year, which is why we added the following statement in as one of our 14 Core Values:
Think Global, Act Local. We commit our time and energy to support our local communities. Â
We feel strongly that companies can and should make the world a better place in several different ways. Certainly, many companies’ core businesses do that — just look at all the breakthroughs in medicine and social services over the years brought to market by private enterprises, including my friend Raj Vinnakota, who I blogged about here years ago.Â
But many companies, including Return Path, aren’t inherently “save the world” in nature, and those companies can still make a difference in the world in a few ways:
- Â Allow employees to take a limited amount of paid time off for community service work
- Organize projects in the local community for their employees to help out/work at
- Provide matching gift programs so employees’ donations are enhanced by the company
- Donate money or services to charitable organizations they believe in
As a relatively small company, we have had to pick our battles here. When we were smaller, we had a policy for #1 above that allowed employees 5 days per year of paid time off for community service work in addition to vacation. We organized projects here and there for employees, including various walks and races and drives, and multiple Habitat for Humanity projects, including one that our employees blogged extensively about after Hurricane Katrina in New Orleans (see Tom Bartel’s final blog post of 7 here.  We never had a specific policy around matching donations, but we were always quick to support one-off employee requests. And we did have comprehensive program for #4 above to donate cash and in-kind services to one particular charitable organization that fought Multiple Sclerosis, which was inspired by a long-time employee who was diagnosed with MS.Â
Over the years, our approach has evolved around service. When we moved to an Open Vacation policy a few years back, we effectively eliminated the Community Service time off benefit since people can just go do that now under the umbrella time-off policy. We do still organize some projects for employees from time-to-time, but those are done on an office-by-office basis. The biggest change in our approach was to stop doing company-run projects, stop responding to one-off requests from employees, and stop supporting a single organization. We felt that those things, while good, were diffusing the impact that we could potentially have.
So this year we launched something called the Dream Fund. Once each quarter, we invite self-forming teams of employees to submit applications for a $10,000 grant to help make some corner of their community a better place. There are some loose guidelines around the use of funds (e.g., they can’t be a straight donation, they have to include some hands-on work), and we have a panel select each quarter’s winner. So far, we have had two projects run very successfully:Â
- Sistas Against Cancer which supports the Avan Walk for Breast Cancer.
- Tennyson Center for Children. This charity supports kids suffering from abuse, neglect, emotional crises and other traumatic experiences will get the help they need while finding healing and HOPE in a safe and caring environment
There’s no right way to do community service as a company. Bu t we feel strongly that part of our “mission” (an overused word if there ever was one) was to have an impact on the world around us – not just on our customers and fellow employees, but by using our time and money to help those who need it most in the many communities where we operate around the world.
Book Short: Culture is King
Book Short:Â Culture is King
Tony Hsieh’s story, Delivering Happiness (book, Kindle), is more than just the story of his life or the story of Zappos. It’s a great window into the soul of a very successful company and one that in many ways has become a model for great culture and a great customer service model. It’s a relatively quick and breezy read, and it contains a handful of legendary anecdotes from Zappos’ history to demonstrate those two things — culture and customer service — in action.
As Hsieh himself says in the book, you can’t copy this stuff and believe it will work in your company’s environment as it does in Zappos’. You have to come up with these things on your own, or better yet, you have to create an environment where the company develops its own culture and operating system along the broad lines you lay out. I think Return Path has many similarities with Zappos in how we seek out WOW experiences and in our Core Values, as well as the evolutionary path we took to get to those places. But as much as I enjoyed reading about a like-minded company, I also recognized the specific things that were different and had a good visceral understanding as to WHY the differences exist.
It is the rare company that gets to $1 billion in revenue ever – let alone within a decade. For that reason alone, this is a worthwhile read. But if you are a student of organizational culture and believe in the power of values-driven organizations, this is good affirmation and full of good examples. And if you’re a doubter of the power of those things, this might just convince you to think twice about that!
How to Get Laid Off
How to Get Laid Off – an Employee’s Perspective
One of my colleagues at Return Path  saw my post about How to Quit Your Job about 5 years ago and was inspired to share this story with me. Don’t read anything into this post, team! There is no other meaning behind my posting it at this time, or any time, other than thinking it’s a very good way of approaching a very difficult situation, especially coming from an employee.
In 2009 I was working at a software security start up in the Silicon Valley. Times were exceedingly tough, there were several rounds of layoffs that year, and in May I was finally on the list. I was informed on a Tuesday that my last day was that Friday. It was a horrible time to be without a job (and benefits), there was almost no hiring at all that year, one of the worst economic down turns on record. While it was a hard message,  I knew that it was not personal, I was just caught up on a bad math problem.
After calling home to share the bad news, I went back to my desk and kept working. I had never been laid off and was not sure what to do, but I was pretty sure I would have plenty of free time in the short term, so I set about figuring out how to wrap things up there. Later that day the founder of the company came by, asked why I had not gone home, and I replied that I would be fine with working till the end of the week if he was okay with it. He thanked me.
Later that week, in a meeting where we reviewed and prioritized the projects I was working on, we discussed who would take on the top three that were quite important to the future of the company. A few names were mentioned of who could keep them alive, but they were people who I knew would not focus on them at all. So I suggested they have me continue to work on them, that got an funny look but when he thought about it , it made sense, they could 1099 me one day a week. The next day we set it up. I made more money than I could of on unemployment, but even better I kept my laptop and work email, so I looked employed which paid off later.Â
That one day later became two days and then three, however, I eventually found other full time work in 2010. Layoffs are hard, but it is not a time to burn bridges.  In fact  one of the execs of that company is a reference and has offered me other opportunities for employment.
Book short: Life Isn’t Just a Wiki
Book short: Life Isn’t Just a Wiki
One of the best things I can say about Remote: Office Not Required, by Jason Fried and David Heinemeier Hansson, is that it was short. That sounds a little harsh – part of what I mean is that business books are usually WAY TOO LONG to make their point, and this one was blessedly short. But the book was also a little bit of an angry rant against bad management wrapped inside some otherwise good points about remote management.
The book was a particularly interesting read juxtaposed against Simon Sinek’s Leaders Eat Last which I just finished recently and blogged about here, which stressed the importance of face-to-face and in-person contact in order for leaders to most effectively do their jobs and stay in touch with the needs of their organizations.
The authors of Remote, who run a relatively small (and really good) engineering-oriented company, have a bit of an extreme point of view that has worked really well for their company but which, at best, needs to be adapted for companies of other sizes, other employee types, and other cultures. That said, the flip side of their views, which is the “everyone must be at their cubicle from 9 to 5 each day,” is even dumber for most businesses these days. As usual with these things, the right answer is probably somewhere in between the extremes, and I was reminded of the African proverb, “If you want to go fast, go alone. If you want to go farm go together” when I read it. Different target outcomes, different paths.
I totally agree with the authors around their comments about trusting employees and “the work is what matters.” And we have a ton of flexibility in our work at Return Path. With 400 people in the company, I personally spend six weeks over the summer working largely remote, and I value that time quite a bit. But I couldn’t do it all the time. We humans learn from each other better and treat each other better when we look at each other face to face. That’s why, with the amount of remote work we do, we strongly encourage the use of any form of video conferencing at all times. The importance of what the authors dismiss as “the last 1 or 2% of high fidelity” quality to the conversation is critical. Being in person is not just about firing and hiring and occasional sync up, it’s about managing performance and building relationships.
Remote might have been better if the authors had stressed the value that they get out of their approach more than ranting against the approaches of others. While there are serious benefits of remote work in terms of cost and individual productivity (particularly in maker roles), there are serious penalties to too much of it as well in terms of travel, communication burden, misunderstandings, and isolation. It’s not for everyone.
Thanks to my colleague Hoon Park for recommending this to me. When I asked Hoon what his main takeaway from the book was, he replied:
The importance of open communication that is archived (thus searchable), accessible (transparent and open to others) and asynchronous (doesn’t require people to be in the same place or even the same “timespace”). I love the asynchronous communication that the teams in Austin have tried: chatrooms, email lists (that anyone can subscribe to or read the archives of), SaaS project management tools. Others I would love to try or take more advantage of include internal blogs (specifically the P2 and upcoming O2 WordPress themes; http://ma.tt/2009/05/how-p2-changed-automattic/), GitHub pull requests (even for non-code) and a simple wiki.
These are great points, and good examples of the kinds of systems and processes you need to have in place to facilitate high quality, high volume remote work.
New People Electrify the Organization
New People Electrify the Organization
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We had a good year in 2009, but it was tough. Whose wasn’t? Sales were harder to come by, more existing customers left or asked for price relief than usual, and bills were hard to collect. Worse than that, internally a lot of people were in a funk all year. Someone on our team started calling it “corporate ennui.” Even though our business was strong overall and we didn’t do any layoffs or salary cuts, I think people had a hard time looking around them, seeing friends and relatives losing their jobs en masse, and feeling happy and secure. And as a company, we were doing well and growing the top line, but we froze a lot of new projects and were in a bit of a defensive posture all year.
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What a difference a year makes. This year, still not perfect, is going much better for us. Business conditions are loosening up, and many of our clients have turned the corner. Financially, we’re stronger than ever. And most important, the mood in the company is great. I think there are a bunch of reasons for that – we’re investing more, we’re doing a ton of new innovation, people have travel budgets again, and people see our clients and their own friends in better financial positions.
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But by far, I think the most impactful change to the organizational mood we’re seeing is a direct result of one thing: hiring. We are adding a lot of new people this year – probably 60 over the course of the year on top of the 150 we had at the beginning of the year. And my observation, no matter which office of ours I visit, is that the new people are electrifying the organization. Part of that is that new people come in fresh and excited (perhaps particularly excited to have a new job in this environment). Part of it is that new people are often pleasantly surprised by our culture and working environment. Part of it is that new people come in and add capacity to the team, which enables everyone to work on more new things. And part of it is that every new person that comes in needs mentoring by the old timers, which gives the existing staff reminders and extra reason to be psyched about what they’re doing, and what the company’s all about.
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Whether it’s one of these things or all of them, I’m not sure I care. I’m just happy the last 18 months are over. The world is a brighter place, and so is Return Path. And to all of our new people (recent and future), welcome…thanks for reinvigorating the organization!
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The Concept of the Operating Philosophy
I’ve always been a big believer in the Operating Framework and the Operating System as two of the management underpinnings behind every well run company.
The Operating Framework is the company’s Mission, Vision, Values, Strategic Objectives, and Key Metrics. Companies have all sorts of different labels for this, from Balanced Scorecard to Salesforce’s V2MOM to Patrick Lencioni’s 6 Questions. It’s what you have to define up front, refresh annually, and tweak quarterly so that people in the company are aligned and know where you’re going.
The Operating System, as I wrote extensively about in Startup CEO, is the collection of practices, meetings, mailing lists, routines/rhythms, and behaviors that your company and team use and depend on to run the business on a day to day basis. It’s what you have to put in place and tweak as needed so work gets done efficiently – the thing that turns the sprint of a raw startup into the marathon of a scaling business.
But there’s a third leg to the stool of company management underpinnings that’s often overlooked and underappreciated – the company’s Operating Philosophy. The Operating Philosophy is the intellectual underpinning of how you want to run and lead the business. It’s related to, but different from, your company’s values. Think of it as the essence of how you want to work and shape the work of others…what defines your form of company.
You can run a company perfectly well without a clear Operating Philosophy, especially with a tight Operating Framework and Operating System in place. But my guess is that you have one, you just haven’t articulated it yet, and you might benefit from doing so. At least that was our experience where we had an undefined but real one at Return Path and have now tried to define one front and center at Bolster.
A useful way to think about these three legs of the stool is the analogy of government (bear with me on this and pretend like our government in the US isn’t quite as dysfunctional as it is at the moment). Our Operating Framework is the Constitution – it lays out the broad contours of what our government does. Our mission, vision, and values. Our Operating System is the collection of policies, practices, and programs that run the country, from the timing and cadence of elections, to the ways the three branches of government enact and execute policy, to the ways state and local governments fit in. Our Operating Philosophy is the Declaration of Independence. It’s our essence. It is what separates our form of government from other forms of government. We are a Representative Democracy, a Constitutional Federal Republic. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.
Some examples? Zappos is a Holocracy – defined as a system of corporate governance whereby members of a team or business form distinct, autonomous, yet symbiotic, teams to accomplish tasks and company goals. The concept of a corporate hierarchy is discarded in favor of a flat organizational structure where all workers have an equal voice while simultaneously answering to the direction of shared authority. Patagonia (and lots of other companies) is a Delaware Public Benefit Corporation (PBC or often called a B Corporation), which must by law follow Stakeholder Capitalism and not Shareholder Capitalism. Plenty of crypto organizations are set up as DAOs (Decentralized Autonomous Organizations), which is a group of people who come together without a central leader or company dictating any of the decisions, built on a blockchain using smart contracts and a currency of tokens that give them the ability to vote on decisions that are made around how the pool of money is spent and managed.
Hopefully that makes sense. Next week, I’ll talk about our Operating Philosophy at Bolster.
Reboot – The Fountainhead
Reboot – The Fountainhead
Happy New Year! Every few years or so, especially after a challenging stretch at work, I’ve needed to reboot myself. This is one of those times, and I will try to write a handful of blog posts on different aspects of that.
The first one is about a great book. I just read Ayn Rand’s The Fountainhead for (I think) the 5th time. It’s far and away my favorite book and has been extremely influential on my life. I think of it (and any of my favorite books) as an old friend that I can turn to in order to help center myself when needed as an entrepreneur and as a human. The last time I read it was over 10 years ago, which is too long to go without seeing one of your oldest friends, isn’t it? While the characters in the book by definition are somewhat extreme, the book’s guiding principles are great. I’ve always enjoyed this book far more than Atlas Shrugged, Rand’s more popular novel, which I think is too heavy-handed, and her much shorter works, Anthem and We The Living, which are both good but clearly not as evolved in her thinking.
As an entrepreneur, how does The Fountainhead influence me? Here are a few examples.
- When I think about The Fountainhead, the first phrase that pops into my head is “the courage of your convictions.” Well, there’s no such thing as being a successful entrepreneur without having the courage of your convictions. If entrepreneurs took “no” for an answer the first 25 times they heard it, there would be no Apple, no Facebook, no Google, but there’d also be no Ford, no GE, and no AT&T
- One great line from the book is that “the essence of man is his creative capacity.” Our whole culture at Return Path, and one that I’m intensely proud of, is founded on trust and transparency. We believe that if we trust employees with their time and resources, and they know everything going on in the company, that they will unleash their immense creative capacity on the problems to be solved for the business and for customers
- Another central point of influence for me from the book is that while learning from others is important, conventional wisdom only gets you far in entrepreneurship.  A poignant moment in the book is when the main character, Howard Roark, responds to a question from another character along the lines of “What do you think of me?” The response is “I don’t think of you.” Leading a values-driven life, and running a values-driven existence, where the objective isn’t to pander to the opinion of others but to fill my life (and hopefully the company’s life) with things that make me/us happy and successful is more important to me than simply following conventional wisdom at every turn. Simply put, we like to do our work, our way, noting that there are many basics where reinventing the wheel is just dumb
- Related, the book talks about the struggle between first-handers and second-handers. “First-handers use their own minds. They do not copy or obey, although they do learn from others.” All innovators, inventors, and discoverers of new knowledge are first-handers. Roark’s speech at the Cortland Homes trial is a pivotal moment in the book, when he says, “Throughout the centuries, there were men who took first steps down new roads armed with nothing but their own vision. The great creators — the thinkers, the artists, the scientists, the inventors — stood alone against the men of their time. Every great new thought was opposed.” In other words, first-handers, critical thinkers, are responsible for human progress. Second-handers abdicate the responsibility of independent judgment, allowing the thinking of others to dominate their lives. They are not thinkers, they are not focused on reality, they cannot and do not build
- The “virtue of selfishness” is probably the essence of Rand’s philosophy. And it sounds horrible. Who likes to be around selfish people? The definition of selfish is key, though. It doesn’t inherently mean that one is self-centered or lacks empathy for others. It just means one stays true to one’s values and purpose and potentially that one’s actions start with oneself. I’d argue that selfishness on its own has nothing to do with whether someone is a good person or a good friend. For example, most of us like to receive gifts. But people give gifts for many different reasons – some people like to give gifts because they like to curry favor with others, other people like to give gifts because it makes them feel good. That’s inherently selfish. But it’s not a bad thing at all
- Finally, I’d say another area where The Fountainhead inspires me as a CEO is in making me want to be closer to the action. Howard Roark isn’t an ivory tower designer of an architect. He’s an architect who wants to create structures that suit their purpose, their location, and their materials. He only achieves that purpose by having as much primary data on all three of those things as possible. He has skills in many of the basic construction trades that are involved in the realization of his designs – that makes him a better designer. Similarly, the more time I spend on the front lines of our business and closer to customers, the better job I can do steering the ship
One area where I struggle a little bit to reconcile the brilliance of The Fountainhead with the practice of running a company is around collaboration. It’s one thing to talk about artistic design being the product of one man’s creativity, and that such creativity can’t come from collaboration or compromise. It’s another thing to talk about that in the context of work that inherently requires many people working on the same thing at the same time in a generalized way. Someday, I hope to really understand how to apply this point not to entrepreneurship, but to the collaborative work of a larger organization. I know firsthand and have also read that many, many entrepreneurs have cited Ayn Rand as a major influence on them over the years, so I’m happy to have other entrepreneurs comment here and let me know how they think about this particular point.
It feels a little shallow to try to apply a brilliant 700 page book to my life’s work in 1,000 words. But if I have to pick one small point to illustrate the connection at the end, it’s this. I realize I haven’t blogged much of late, and part of my current reboot is that I want to start back on a steady diet of blogging weekly. Why? I get a lot out of writing blog posts, and I do them much more for myself than for those who reads them. That’s a small example of the virtue of selfishness at work.
It's Copyright Time
It’s Copyright Time
Brad must be off his game this year, so…time to update all those copyrights to say 2008. Or as Brad gently suggested last year, make that field variable so you never have to worry about it again! (Thanks to our CTO Andy Sautins for the reminder here.)
More Good Inc.
More Good Inc.
Last year I was pleased and proud to write about our debut on the Inc. 500 list of America’s fastest growing companies. At that time I wrote that “Now our challenge, of course, is STAYING on the list, and hopefully upping our ranking next year!” Well, I am again please and proud to announce that we, in fact, stayed on the list. (You can read all the Inc. coverage here and see our press release about the ranking here.)
Unfortunately, we didn’t make the second part of our goal to up our rank. But, we did up our growth – our three-year revenue growth rate was 18% higher than last year. This is a testament to the hard work of our team (now 150 strong!) and wouldn’t be possible without the support of our many great clients (now 1,500 strong!). Most importantly, we see no end in sight. In fact, 2008 promises to be an even bigger year for us as we poise for continued growth. By the way, would you like to be part of a team that has now ranked as one of America’s fastest growing companies two years in a row? Check out our Careers page and join the team that is advancing email marketing, one company at a time.