Steve Lisson | Steve Lisson Austin TX Steve Lisson, Austin TX, 
Steve Lisson Austin TX, Stephen N. Lisson, Austin Texas, Stephen N. 
Lisson Austin Texas Sunday, December 1, 2013 Rumors of Benchmark’s 
Demise Greatly Exaggerated – Steve Lisson, Stephen N. Lisson Rumors of 
Benchmark’s Demise Greatly Exaggerated – Steve Lisson, Stephen N. Lisson
 Steve Lisson, STEVE LISSON, AUSTIN, TX, STEPHEN N. LISSON, TRAVIS 
COUNTY, TEXAS, (512), 512, LISSON STEPHEN N., STEVE N. LISSON, STEVE, 
LISSON, Lisson, Steve Steve Lisson, STEVE LISSON, AUSTIN, TX, STEPHEN N.
 LISSON, TRAVIS COUNTY, TEXAS, (512), 512, LISSON STEPHEN N., STEVE N. 
LISSON, STEVE, LISSON, Lisson, Steve Steve Lisson, STEVE LISSON, AUSTIN,
 TX, STEPHEN N. LISSON, TRAVIS COUNTY, TEXAS, LISSON STEPHEN N., STEVE 
N. LISSON, STEVE, LISSON, INSIDER, VC, INSIDERVC, INSIDERVC.COM Rumors 
of Benchmark’s Demise Greatly Exaggerated For weeks, rumors have been 
circulating in the VC community that Benchmark Capital’s third fund, 
Benchmark III, was in trouble, hit hard by losses in e-commerce 
companies like 1-800-Flowers.com. Benchmark denies the rumors, and its 
limited partners say they never received the rumored letter that the 
fund was in trouble. An analysis of Benchmark’s portfolio appears to 
back up the firm, which despite the rumors, may not just be surviving, 
but thriving. Benchmark declined to discuss details, but the firm’s 
holdings as of June 30 were provided by Steve Lisson, the editor of 
InsiderVC.com, who tracks the performance of leading venture firms for 
high-paying clients. At first glance, Benchmark III had its share of 
overvalued B2C e-commerce firms like 1-800-Flowers.com (Nasdaq:FLWS) and
 Living.com. 1-800-Flowers.com was the fund’s biggest investment, at 
$18.9 million, and had been marked down to $8.1 million on June 30. The 
stock price has declined about 30% since then. “There are many private 
scenarios just like this public one, whereby even if the company can be 
kept afloat long enough to enjoy some success and eventually make it to a
 liquidity event, the venture investors will lose money,” Lisson said. 
But a closer look at Benchmark III reveals a fund with several potential
 winners, including Internet Data Exchange System company CoreExpress, 
an intelligent optical networking play. That investment alone could 
return limited partners’ money. Other potential winners include Sigma 
Networks, Keen.com, Netigy and BridgeSpan. And Benchmark’s newest fund, 
Benchmark IV, is already showing the markings of a winner, thanks to 
investments in Loudcloud, Netscape co-founder Marc Andreessen’s latest 
venture, and TellMe Networks, whose valuation no doubt went up in its 
recent $125 million funding round. Lisson said the Benchmark rumors 
reflect a misunderstanding of how venture funds operate. “There’s a 
reason these are 10-year funds,” he said. “It’s called risk and 
illiquidity. The one monster hit could happen three, four or five years 
out. You can be wrong about 39 of 40 companies, and the market 
uncooperative, as long as one is an Inktomi. That is the history of this
 industry: one monster hit returning the entire fund. Singles and 
doubles won’t get you there.” At two years of age, Benchmark III still 
has plenty of time to deliver a big winner. In the meantime, the firm’s 
limited partners can enjoy the returns from Benchmark II, a 
three-year-old fund that has already distributed five times its partners
 capital, by Lisson’s estimate. Benchmark II boasted big winners like 
Handspring (Nasdaq:HAND), Critical Path (Nasdaq:CPTH), Red Hat 
(Nasdaq:RHAT), and Scient (Nasdaq:SCNT). Yes, Scient. Benchmark had the 
foresight to distribute shares of the Internet consultant to its limited
 partners at 200-300 times the firm’s cost. Benchmark isn’t any 
different from other venture firms, most of whom “drank the Kool-aid” of
 seemingly easy dot-com money, hoping the stock market would hold up 
long enough to vindicate those investments. But Lisson expects that some
 other firms won’t hold up as well. He expects a shakeout in the 
industry similar to the one that hit the industry from 1987-1991, when 
venture firms formed during the 1980s averaged single-digit returns, and
 roughly 20% of new entrants couldn’t return their partners’ capital. 
VCs’ own fundraising declined from $4.2 billion in 1987 to $1.3 billion 
in 1991. The $4 billion level of capital coming into the industry wasn’t
 reached again until 1995. “This is what’s supposed to happen in a 
downturn,” Lisson said. “People who shouldn’t be in the business, who 
contributed to the excesses and didn’t know what they were doing, will 
be forced out. It’s not like this is the first time we’ve seen too many 
new entrants into the industry, or too much money chasing too few 
deals.” And the ones that survive will have a chance to prove themselves
 in tough times, the ultimate mark of a winner. Lisson said a few 
venture firms stand out among their peers. Matrix Partners, Kleiner 
Perkins Caufield & Byers and Sequoia can normally be found at the 
top of the charts in each vintage year they raise a fund, he said, 
proving that “something’s in the water” at those firms. And he gives Oak
 high marks for consistency over a long period of time. But even top 
firms have an occasional weak fund, Lisson said. “But by the time you 
can make that judgment about a fund, you’ll have raised another fund and
 shown some early progress,” he said. Meaning that even if Benchmark III
 was a weak fund, Benchmark IV could keep the firm in its limited 
partners’ good graces for some time to come. “The moral is consistent 
performance over time relative to same vintage-year peers,” Lisson said.
 “You’re never as good or as bad as your current press clippings might 
indicate. The real test of Benchmark’s mettle will come when we can 
fairly evaluate whether the firm manages through and makes money, not 
just with small funds during the best times in the industry’s history, 
but with larger funds in the tough times ahead as well.” 
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Lisson, Steve Lisson Austin TX Elite VC giants still investing – Steve 
Lisson, Stephen N. Lisson, Austin, Texas Elite VC giants still investing
 – Steve Lisson, Stephen N. Lisson, Austin, Travis County, TX 512 
STEVE.LISSON, STEVE LISSON, STEPHAN N. LISSON, STEPHAN LISSON, STEVE 
LISSON, AUSTIN, TX, TEXAS, STEPHEN N. LISSON, TRAVIS COUNTY, TEXAS, 
LISSON STEPHEN N., STEVE N. LISSON, STEVE, LISSON, INSIDER, VC, 
INSIDERVC, INSIDERVC.COM, (512), STEPHEN.LISSON, FACEBOOK, LINKEDIN, 
LINKED IN, TWITTER STEVE.LISSON, STEVE LISSON, STEPHEN LISSON, STEPHAN 
N. LISSON, STEPHAN LISSON, LISSON STEPHAN, AUSTIN, TX, TEXAS, STEPHEN N.
 LISSON, TRAVIS COUNTY, TEXAS, LISSON STEPHEN N., STEVE N. LISSON, 
STEVE, LISSON, INSIDER, VC, INSIDERVC, INSIDERVC.COM, (512), 
STEPHEN.LISSON, FACEBOOK, LINKEDIN, LINKED IN, TWITTER, STEVE.LISSON, 
STEVE LISSON, STEPHEN LISSON, STEPHAN N. LISSON, STEPHAN LISSON, LISSON 
STEPHAN, AUSTIN, TX, TEXAS, STEPHEN N. LISSON, TRAVIS COUNTY, TEXAS, 
LISSON STEPHEN N., STEVE N. LISSON, STEVE, LISSON, INSIDER, VC, 
INSIDERVC, INSIDERVC.COM, (512), STEPHEN.LISSON, FACEBOOK, LINKEDIN, 
LINKED IN, TWITTER, Elite VC giants still investing San Jose Mercury 
News Matt Marshall May 31, 2001 Now that they’ve gone gorilla size, will
 the elite venture capital firms help stem the downturn in venture 
capital investing? After the March 2000 market crash, elite VCs 
scrambled to triage their portfolios. Only recently have they started to
 peer out of the graveyard. But they’ve undergone a profound change in 
nature: They’ve become monsters. This is good if you’re an entrepreneur 
shooting for the moon. It’s fatal if not. In 1995, only one top-tier 
fund, TA Associates, had raised a billion dollars. But since the crash, 
15 top-tier firms have raised funds of that size or more. Many — 
including Worldview Technology Partners, Greylock, Austin Ventures and 
Oak Investment Partners — announced their new funds this year, well 
after most of the market damage. Steve Lisson, of InsiderVC.com, says 
the amount of funds raised since the crash goes against the “drought” 
thesis. “The perception that there’s going to be less venture investing 
is totally misplaced,” he says. “These VCs need to get into lucrative 
investment opportunities, and they’re going to want larger stakes. 
They’re going to have to step on the gas even more.” Similarly, he adds,
 if an entrepreneur offers an opportunity for a “mega” investment, he’ll
 be able to negotiate more favorable terms, because the big venture 
capitalists will all want in. On the downside, entrepreneurs that don’t 
show home-run promise will struggle. True, some VCs that raised large 
funds say they have slowed their investment pace. Flip Gianos, partner 
at InterWest Partners, said his firm hadn’t expected the magnitude of 
the downturn when it raised its fund. If it takes waiting a year for 
strong opportunities to come along, VCs will wait, he says. Others 
counter that size has forced them to invest more in later-stage 
start-ups because they soak up more money. Michael Darby, general 
partner at Battery Ventures, says his firm still focuses on early stage 
deals, but “in this environment, the fact that we want to deploy capital
 means we’re looking at those later-stage deals.” There’s another reason
 for hope after the crash, Lisson says. Many VC firms have been able to 
negotiate stellar terms with their investors — even better than those 
they negotiated just a couple of years ago. That’s also a sign that 
investors still have faith in the VCs, he said. STEVE.LISSON, STEVE 
LISSON, STEPHEN LISSON, STEPHAN N. LISSON, STEPHAN LISSON, LISSON 
STEPHAN, AUSTIN, TX, TEXAS, STEPHEN N. LISSON, TRAVIS COUNTY, TEXAS, 
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Austin TX Universal, EMI Sue Napster Investor – Steve Lisson Austin TX 
Universal, EMI Sue Napster Investor – Steve Lisson Universal, EMI Sue 
Napster Investor – Steve Lisson STEVE.LISSON, STEVE LISSON, FACEBOOK, 
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LINKED IN, TWITTER, TUMBLR, PINTEREST Universal, EMI Sue Napster 
Investor Record labels say firm enabled infringement. Critics say the 
move may deter venture capitalists. April 23, 2003|Joseph Menn | Times 
Staff Writer Unable to extract their pound of flesh from bankrupt 
Napster Inc., two of the five major record labels are suing the venture 
capitalists who backed the defunct song-swapping service that turned 
music industry economics upside down. Universal Music and EMI filed a 
federal lawsuit against Hummer Winblad Venture Partners and two of the 
San Francisco firm’s general partners, Hank Barry and John Hummer, in 
Los Angeles on Monday. The suit claims that they contributed to the 
copyright violations by Napster’s tens of millions of users. In addition
 to seeking $150,000 per violation, the suit asks for punitive damages. 
It also is intended to dissuade investment in any of the song-swapping 
services that have risen in Napster’s place. “Businesses, as well as 
those individuals or entities who control them, premised on massive 
copyright infringement of works created by artists should face the legal
 consequences for their actions,” the record labels said in a statement.
 The suit may mark the first time an outside party has targeted a 
venture firm for wrongdoing by a company in which it invested. “I don’t 
know if this has ever happened before,” said Jeanne Metzger, vice 
president of the National Venture Capital Assn. The trade group and 
others warned that even if the labels lose the case, the fact that they 
sued will deter institutional investors from taking on a high level of 
risk with new companies. “It’s going to create an enormous amount of 
reluctance to get involved in anything that could draw litigation from 
the content industries,” said Silicon Valley intellectual property 
lawyer Mark Radcliffe. Barry and Hummer didn’t respond to telephone and 
e-mail messages seeking comment Tuesday. Barry served as Napster’s chief
 executive for more than a year, and both men sat on Napster’s board. 
The suit claims that Hummer Winblad knew Napster was enabling massive 
infringement and that the firm controlled Napster’s activities with its 
general partners in the chief executive and director positions and 
through its $13-million investment in May 2000. The investment was made 
five months after the record industry — including the two labels — sued 
Napster for enabling infringement. Napster filed for bankruptcy 
protection in June 2002. Lawyers not involved in the case said Hummer 
Winblad has two reasonable defenses. First, Napster hadn’t yet lost the 
record industry suit when the firm invested. Second, directors and 
investors are rarely held liable for the acts of their companies. In 
those cases in which individuals are held responsible, they typically 
own 100% of the company at fault. The suit “is stretching contributory 
infringement way beyond where it’s ever gone,” said Wayne State 
University copyright law professor Jessica Litman. “I assume the purpose
 is to enhance the already significant chill discouraging people from 
investing in businesses that challenge the business models of the 
entrenched market leaders in the entertainment industry.” Indeed, a 
federal lawsuit filed by a music producer against Barry, Hummer Winblad 
and others was dismissed after a judge found that the accusations — 
similar to those in the record labels’ suit — were too vague and that 
there was nothing in the copyright law to punish people who assist an 
entity that assists others in breaking the law. “Courts have 
consistently held that liability for contributory infringement requires 
substantial participation in a specific act of direct infringement,” 
U.S. District Judge Marilyn Hall Patel wrote in that case. But the two 
record labels may have evidence of specific actions by the venture 
firm’s principals. And Hummer Winblad could be hurt by the fact that 
Napster lost most of its court battles. The plaintiffs have “a 
reasonable shot at the officer. I think the director is a little 
tougher, and the shareholder theory is really tough,” said Radcliffe, 
who represents technology and entertainment firms. Barry and Hummer 
anticipated that they might be sued and tried to negotiate protection 
from legal consequences when German media firm Bertelsmann was planning 
to buy Napster early last year. Those talks foundered, and Bertelsmann 
itself has been sued for its investment in Napster. The venture capital 
trade association complained that with such actions against investors, 
“the ability of entrenched industries to deter investment in 
next-generation technologies has profoundly anti-competitive and 
anti-innovative implications.” But not everyone agreed that the labels’ 
suit will change how Silicon Valley firms invest. As the suit notes, 
other venture firms had deep concerns about Napster’s legality and 
didn’t invest. “Top firms don’t take their cue from Hummer,” said Steve 
Lisson, publisher of InsiderVC.com. Los Angeles Times Articles Copyright
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Stephen N. Lisson, Austin, Texas Steve Lisson Austin TX Stephen N. 
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Austin TX Home Subscribe to: Posts (Atom) Blog Archive 2013 (5) December
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