South Florida - Jimmy Jamz 09′

Catch me at any of these events/clubs/gatherings over the next 2 months. Of course, there is always a chance I’ll miss one, but… I am going to try to make it to every one of these:

Friday, Oct 2 - Josh’s Birthday @ Living Room [link: Facebook Event ]

No longer attending: Weekend, Oct 10-11 - Columbus Day Regatta [link: YouTube Video]

Thursday, Oct 15 - Neon Indian / Vega @ Rok Bar [link: MySpace Music Concert]

No longer attending. Saturday, Oct 17 - Less Conf in Jacksonville [link: Less Conf Site ]

Saturday, Oct 23 - Sky Diving in Homestead [link: 1-800-Skydive site ]

Saturday, Oct 31 - NeckFace @ OH-WOW [link: Event Info]

Wednesday to Friday, Nov 4-6 - AdTech NY [link: AdTech Site]

No longer attending. Sunday, Nov 8 - DJ Sasha @ SET [link: SET website]

No longer attending. Thursday, Nov 12 - Cleveland v. Miami @ AAA [link: Miami Heat Website ]

No longer attending. Friday, Nov 13 - DeadMau5 @ Revolution [link: TicketMaster]

Thursday, Nov 26 - Thanksgiving [link: None...]

Saturday, Nov 28 - Erick Morillo @ LIV [link: LIV Website]

How to start a startup

So, I’ve wanted to own my own business for a while now, maybe - let’s say 7-8 years now, since I was about 16. Growing up in South Florida, wealth was a big part of my later teen years, with a real estate boom, lots of kids in my high school’s parents owned their own business. Couple that with MySpace, YouTube et. al’s rise to fame - maybe now you understand me.

Being young & cocky, I tried twice. Failed miserably for different reason’s both times, but learned a lot; after that I decided to take a step back and work for other people for a few years (which I am presently doing), to see if I could learn anything about starting a company. In short, I have & this is what I have to say:

There is a certain set of attributes a person or company needs, to become profitable almost from the start:

Ability/Skills/Experience - Most obviously, competence is extremely important in a start up company. I believe it to be the most important attribute of the founding team. If you build a faulty ship, how do you expect to helm it?

I say this for good reason: I’ve worked at places with the best sales team I’ve ever seen, but the core product team could not manage to build a single, self serving platform. It required customization for each & every customer. This lead to increased costs and the eventual death of the company due to sales lapping development by 15 or 20 fold & customers demanding refunds of their deposit (which in turn affected cash flow).

Control/Administration - This most definitely my number 2. It’s closely related to my first point - building customer, content & order management is a HIGH PRIORITY. I personally believe you should not launch your product or service without management/administration tools.

I have multiple anecdotes for this point - I’ve been “forced” to build static websites multiple times only to be annoyed to no end by being required to change 1 word on a page or even worse, 1 character in a price. In another case, I believe it to be my lack of foresight, but building a product without being able to list every account that signed up - major FAIL. This led to being constantly asked to get up to date sign up numbers.

Measurement - I believe you should MEASURE EVERYTHING YOU POSSIBLY CAN. This also ties in to #1 (ability); Whatever you can track, track that shit. Really, a short list includes: traffic, referrers, browsers (google analytics) - repeat log ins, actions within your application & payments from customers - user interactions with your signup process/forms & application (userfly + crowdflower/crazyegg) - marketing response to your company throughout “social media” sites like twitter & facebook (insttant/cotweet works for twitter, still waiting for facebook to give us measurement tools). All this data will allow you to understand your customer an order of magnitude better than if you don’t collect it.

I have 2 reasons for this point - the first is because I HATE debating about whether or not some feature or part of a product is useful, data driven feature selection is what I would like to strive for. I’ve had to fight & collect data & then collect more data in order to fight down things that are opposing to users best interest that management has wanted to implement because of a gut feeling they had. This is perhaps my biggest peeve, making decisions “just because”. The second reason I say measure everything is because it will ABSOLUTELY help you establish your bottom line & assist in your efforts to refine and improve your bottom line costs, period.

Clarity/Transparency - This has A LOT to do with customer service. It’s important to keep an OPEN line of communication with your customers. There are plenty of great examples of how to do this, starting with Zappos leading on to Wufoo & others. In addition transparency into product development can have a very nice network effect, as 37signals has proved. Not counting the free marketing provided by transparency into product development, customers will almost certainly tell you what they want which you can use as a base for your further development.

I’ve seen customer service botched OVER AND OVER again at the companies I have worked at. Crappy call centers, crappy self-service interfaces, crappy customer service agents, crappy “project managers” that interface with agency clients - the list goes on. You NEED to be available to your customers, they are the ones keeping your company alive.

Focus - This is a key ingredient, in my opinion. Staying focused on a product until it’s able to receive feedback is VERY VERY important. This is self-explanatory, finish what you started.

I’ve seen companies lose focus, CEO’s asking my team to build a competing product to Company X’s new product in 4 weeks all while expanding the core product into 5 different verticals in the next 3 months & splitting the core product into a educational product, telephony product, marketing product & customer relationship management tool. Some other examples include attempting to launch an email marketing product while the core product is a CRM & trying to enter the government contract space / business (enterprise) space while 100% of revenue is coming from consumers of which there are hundreds of millions.

Efforts are often the most effective when focused.

Motivation/Rewards - This is more for employee morale - but no one likes a cheapskate, at all. If the company is doing well, or the team is pushing out great products it’s important to make them feel appreciated in order to keep them motivated. This doesn’t mean a raise, but perks like paid cell phone, well stocked fridge, health insurance, extended time off, expense reimbursement and most importantly, public recognition for work completed are very appreciated by employees.

I’ve worked at companies where appreciation is VERY VERY apparent. On the other hand, I’ve left multiple positions because I didn’t feel appreciated.

Dedication - This is required by everyone who works for the startup - PERSEVERANCE IS A DETERMINING FACTOR in success or livelihood of a company. It’s important to last as long as possible & have people who are motivated enough to make it through a rough patch, especially if you are near the end of your proverbial rope. Stretch it as far as you can.

In the past, I’ve given up a little early, when things got just a *kinda* tough. I’ve seen employee’s move towards greener pastures when things started to slow down only to miss out on a nice set of customers or deal.


So there you have it - Auston Bunsen’s guide to starting a start up. I definitely hope to incorporate this into my next venture (coming soon). Thoughts?

A simple exploration of unemployment, real estate, population & the recession

Let me preface this post with a disclaimer; I am not an economist, real estate expert or statistician. The credibility of my theories could be estimated as very close to zero. This post is really more of a series of hypothesis from which I will draw a conclusion. Enjoy!

Recently, I’ve been getting into discussions with my friends & family about the condition of the real estate market in the U.S. - a lot of people seem to be under the impression that the market is going to “pick back up” in the next year or so. This has made me think more deeply about the underlying relationships real estate has - on the surface we have the simple principles of supply & demand, which works out fine as an explanation to why prices have deflated, there is a surplus of homes.

So, there is a surplus of homes. Why? Are the prices higher than they should be? Are there are not enough “high earning” people to buy this overvalued real estate? More importantly, are there even enough people to buy them, period? How many surplus homes are there?

I suppose we should start with home prices - are they higher than they should be? Let’s take a look at a few charts for an idea.

The big picture:

A more detailed view:

Nominal home values seem to have peaked at around $250k for a residence in 2006. According to Freddie Mac - the average mortgage interest rate in 2006 hovered around 6.2% - so the average cost of a mortgage (if you are not taking into account PMI, Taxes & other insurance) was around $1500.

$1500 does not seem like a lot - so let’s see what problems we run into as we do the math, taxes and insurance on a $250k home should be an additional $350-400. We’re now at $1900. Let’s keep going, according to Census Bureau the average HOUSEHOLD income was $48,201 or about $4000 per month BEFORE tax. Considering tax (about 20%) for that bracket, we come to about $3200 total for an average of 2.5 people per household. Now lets factor in the average credit card debt of $8,329 or a minimum payment of $412 each month. OK so we’re at about $2300 for the month - we have about $900 left over to take care of car insurance, car payments, gas, food & other miscellaneous expenses for at least 2 people. I say were probably at or around $0 every month.

So,I believe it is safe to assume there was a bubble & it popped - to answer my original question, are prices higher than they should be? Yes, they were.

Prices have adjusted are currently at around $175k - current interest rates have also dropped to around 4.2% and average household income grew 1.3% to $50,233 per year. Using this information let’s calculate what is needed now in order to sustain a 2.5 person household - for simplicity let’s assume average household credit card has remained the same & taxes/insurance total $300 each month.

Mortgage payment: $855 per month.

Income after taxes: $3350 per month.

Disposable income after expenses: $1565 per month.

On average - it appears people now have $1565 available for miscellaneous expenses like car insurance, car payments, gas, food, electricity, cable, etc. This give’s promise to the real estate market as it appears people may be able to sustain themselves long term based on these numbers - BUT this assumes the ratio of 2.5 people per household.

So now - this leads me to skip over the “Are there are not enough ‘high earning’ people to buy this overvalued real estate?” and go straight to “Are there even enough people to buy them, period?”

First let’s take a look at the population growth since the 2000 Census [source]:

k

So - we’ve seen close to a 20 million person hike in population over the last 8-9 years. That’s a good sign - except the number of residences has increased exponentially in the last 8-9 years as well. Take a look:

k

So - what the surplus in homes means is that for 20 million new people 12 million new homes have been created - that is not including projects with are under construction or in planning phases. I have no solid data source for this - so let’s just assume it’s a conservative 1 million. That’s a total of 13 million new residences available. Based on those numbers the ratio of people to home now drops to about 1.5 - bringing down the nationwide average to about 2.4 people per household. This displaces about 10 million individuals over all. In order for us to maintain the same 2.5 people per household ratio 5 million homes must disappear or be appropriated by the 10 million individuals.

So what does that mean? It means we have to figure out where these 10 million individuals are going to go - into owning one the 5 million rogue homes? Let’s see if the math fits…

The median (not average) personal income for a full time employee is $39,336 per year BEFORE tax. After taxes we are looking at about $29,502 or about $2500 per month. $855 for a home + $300 for taxes & insurance + $160 credit card payment (on $3200 debt). That leaves about $1300 left over for a car payment, car insurance, gas, food, health insurance, etc.

So the math works - except we haven’t taken into account the unemployment rate - which I have a feeling will be the killer here. Here’s the chart for the last 19 years:

chart of us unemployment

It look’s like we’ve kind of hovered around 5.5% and been fine. So this tells me that, basically we need to create an additional 9.5-11 million jobs that are sustainable while maintaining our current jobs if we want real estate to flatten out.

Now - I know I haven’t accounted for certain things - like the $1.2 trillion US Dollars being printed by the Federal Reserve that will lead to inflation, a likely plateau in population due to Baby Boomer deaths & the fact that the unemployment rate is only representative of people LOOKING for work but all of the data presented above leads me to believe that we are at least 3 - 5 years away from a real estate recovery.

I never want to seem or claim that I “know it all” - so if anyone is reading this. Please let me know if I made any mistakes in my math or if you have any questions on how I reached certain numbers.

Thanks for reading!

Do you like poo tools?

Paul Rodriguez X Kobe Bryant

My favorite Pro Skateboarder (Paul Rodriguez) with my favorite Pro Basketball Player (Kobe Bryant) behind the scene’s for my favorite sneaker brand (Nike). Enjoy!

Reflecting

I am compelled to write - so that’s what I am doing. I feel like now is a good time to look back at what I’ve done the last year & what I’d like to be doing in the next few.

Basically, for the past year, I’ve worked at a startup called Lead Log. I no longer work there, due to a dis alignment of interests with the company. During my time there, I almost, single-handedly created a web application called dashboard. dashboard (lowercase d) is a lead management software - conceptualized by Esteban Gonzalez a well intentioned individual with a web design studio called Design2Success.

dashboard taught me a good deal about database & application design - but it’s not what I learned about programming or even what I learned on the job, that I believe was the most beneficial about the past year.

The most important aspect of working for dashboard for me - was the people side of things - in and out of work I have interacted with perhaps the most people I’ve ever dealt with in my entire life. Again, in the past year, I think I’ve met & interacted with more people than the sum of my entire life!

I started a mobile applications company & co-founded a lifestyle blog in my spare time at Lead Log (not on the job, for the sake of clarity). I’ve never attended college so this may be part of the reason I had not interacted with many people prior to this year.

So what have I learned? Well, I learned that people are often predictable; they often do the opposite or only part of what they say they are going to do & usually blame short comings on you. (Now, again, for clarity, I am not specifically referring to the people at Lead Log - they are a very nice set of people.) I’ve also learned that people obsess over themselves entirely too much & can often take themselves too seriously, something I hope to never do.

With my new found knowledge, I’ve come to understand the importance of contracts & agreements and the need to be extremely explicit when reaching an agreement. This isn’t to say I want to be hard to work with, but is to say attention to every detail is extremely important - because without it, you are left with either a wide open gray area or a set of commitments you are unable to meet.

In regards to the way people becoming self-obsessive or legends in their own mind - I have not figured my way around it, in some cases it is beneficial to everyone, because confidence can beget confidence. On the other hand, I personally don’t enjoy it when I have to work with someone who is too far over the edge & attempts to micro-manage or have autonomous rule over any & every detail of a collaborative project.

So - that was the past year. It was an interesting one to say the very least. Now, what’s next?

Well - I am currently employed at a new company in Miami Beach. It is satisfactory & hope to remain there for a good time.

What are my plans for the future though? Well I’ve been procrastinating on delivering applications from my mobile company, Mobuilt. That is something I sincerely want to devote more time to, in the near future.

Also, I am still working on my blog, Limitemagazine.com - we are working on several exciting things; we want to bring several new experiences to our users and I am very excited about the potential these new mediums can bring into Limite!

One other thing brewing is a potential partnership with my long time best friend, Diego. There is not much to say about that yet - but more details are coming soon!

Cheers!
Auston

What telemarketing taught me about websites

When I was younger - I had a few positions as a telemarketer. I worked a few companies; selling anabolic steroids, broadband upgrades & eventually mortgages. I feel like a few of the key concepts I picked up there translates well to designing sales websites.

1. State your value proposition asap - This is fairly clear, people don’t like having their time wasted. If you’ve got something you think they want, don’t be coy, let them know you have it; immediately! This does not necessarily mean that you want to point them to the sign up - but you should let them know you have something they want.

2. People are informed about what you are selling - I would never expect to be the first person to have called my prospect. By the time I get to them, if they would be willing to talk to me - I would know that they know the market and are only expecting a better deal. The same goes for website visitors, they more than likely know the market and want to know why you’re the better choice. That’s why they’re at your site!

3. But they don’t read the fine print - As part of the closing of every deal I had - I would have to pass the person buying onto a legal person or higher up who would read rights and verify interest (or in the case of mortgages, sending a closer out to their home). The same applies to websites - no one will read your content. SERIOUSLY. If you want something to be read, make it terse, to the point & LARGE.

There is a lot more that goes into converting a visitor into a customer - including layout, user feelings & visitor qualifications - to name a few.

I agree with Kevin Hale of Wufoo in his theory that you should treat your website as a way to court visitors into marrying your service. Essentially treating your website as an extension of yourself in the search for a fulfilling polygamous relationship with (hopefully) hundreds of thousands of partners!

Enforceable Non-Competes? Q&A with Brian Cuban

Non - Compete. There are plenty of myths surrounding the non-compete. I’m sure you’ve heard things like “It’s not enforceable” or “They don’t hold up in court” (which may be true in some states).

Enter Brian Cuban, working for Mark Cuban has provided him with years of experience in formulating contracts to protect the interests of numerous startups. I reached out to Brian and he was kind enough to lend us his time to clarify the answers to these often fuzzy questions.

If you’d like to learn more about Brian, you can check out Brian’s blog or follow him on twitter.

1. Are non-competes “un-american” in your eyes?

When drafted properly and used in appropriate circumstances, non-compete agreements are a proper and valuable tool for employers to protect their interests after making substantial financial investments in their employees with regards to training and knowledge in their industry. Employees rarely stay at one company for their entire career. Employers want protection from “training the competition”

2. Why SHOULDN’T/WOULDN’T a person sign a non-compete?

There is no simple answer. It depends on the particular facts of the situation and the law of the jurisdiction covering the agreement. It is important to know all the facts and ask the right questions before you sign. Things you should ask yourself:

What is the scope of the non-compete agreement?

How does the agreement define “sensitive” or “confidential” information?

Does the contract specify a time frame within which you cannot work for a competing company?

These are just a few of the issues to consider. You should consult an experienced employment attorney before signing anything that would restrict your legal rights in obtaining employment.

3. It is often heard that Non-Compete’s are unenforceable, does this statement have any basis?

The legal issues around non-competition agreements depend on the laws of your state and the noncompete agreement itself. Some states take a dim of view of these agreements because they limit an employee’s ability to earn a living. In states that recognize non-competition agreements, such as Texas and New York, courts often impose time and geographic restrictions on them.

4. What are the limitations on non-compete’s?

A non-compete that constitutes a complete restraint of trade will in general not be enforceable.

5. Is there a maximum length of enforceability on non-compete’s?

This again depends on the facts and circumstances of your situation. In Texas courts generally do not like to go beyond 2 years. You should consult an experienced employment attorney in your jurisdiction to protect yourself before signing any non-compete.

Disclaimer: This is not legal advice. This is a general guide to the navigate the paperwork that typically comes when you work for a startup. For legal advice, find a lawyer in your jurisdiction who properly understands its governance.

This was the 2nd of a 3 part series on paperwork that is typically signed when joining a startup. The previous Q&A with Brian Cuban that covers NDA’s is here. Look forward to reading the second piece, “Equity - What is reasonable?” soon.

What’s *really* covered in an NDA? - Q&A with Brian Cuban

NDA - Non disclosure agreement. What is really covered when you sign an NDA? Beyond what is on Wikipedia - the answer to this question is rarely clear cut.

Enter Brian Cuban, working for Mark Cuban has provided him with years of experience in formulating contracts to protect I.P. for numerous startups. I reached out to Brian and he was kind enough to lend us his time to clarify the answers to these often fuzzy questions.

If you’d like to learn more about Brian, you can check out Brian’s blog or follow him on twitter.

1. What is your opinion on NDA’s?

They are a valuable tool for employers to protect proprietary information and trade secrets.

2. When you sign an NDA, are certain common sense things covered in it? Like let’s say - the implementation of a to do list in a web application? What really constitutes a trade secret?

What may constitute a trade secret is complicated and dependent on the intricacies of state and federal law. You should consult an experienced attorney if you are asked to sign an NDA. That being said…

Under the Uniform Trade Secret Act, a “trade secret” is:

“Information, including a formula, pattern, compilation, program device, method, technique, or process that: (i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.”

…taken by the company to guard the secrecy of the information.

A well drafted, well communicated trade secret policy is the cornerstone of any effort to protect valuable competitive information.

What you will see in an NDA will depend on the complexity and the urgency of the employer in wanting information protected. In general here are some of the terms you should look for & consider negotiating. This is not meant to be an all inclusive list. You should consult an experienced attorney in your jurisdiction.

  • Definition of Confidential Information - The information the employer wants to protect.
  • Exclusions from Confidential Information - The Information the employer agrees is not confidential.
  • Obligations of Receiving Party - The obligations of the employee with regards to the confidential information.
  • Time Periods - How long the agreement lasts.
  • Enforcement - What steps the employer may take if you breach or threaten to breach the agreement.

There will be numerous other general “boilerplate” terms as well, which should be looked over carefully.

3. Does an NDA cover things or ideas that you come up with while working for someone else if you make them public, within that company?

It would depend on the facts of the situation and the state you are in. In a vacuum, if it is information you had prior to going to the company, it would generally not be their trade secret BUT if they take the information and build on it, the new result could conceivably become your employer’s trade secret. You should also be careful that you are not giving your employer information that was the trade secret of your previous employers. You could expose both you and your employer to liability. As always if you are unsure you should consult an experienced attorney in your jurisdiction.

4. How long are NDA’s enforceable for?

How ever long you contract for. NDA terms often survive termination of employment. If you work for Coca Cola and sign an agreement that you will never provide trade secrets to Pepsi. It is enforceable for life or until the information no longer qualifies as a trade secret. Here is a typical clause:

“The nondisclosure provisions of this Agreement shall survive the termination of this Agreement and Receiving Party’s duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until Disclosing Party sends Receiving Party written notice releasing Receiving Party from this Agreement, whichever occurs first.”

Disclaimer: This is not legal advice. This is a general guide to the navigate the paperwork that typically comes when you work for a startup. For legal advice, find a lawyer in your jurisdiction who properly understands its governance.

This was the 1st of a 3 part series on paperwork that is typically signed when joining a startup. Look forward to reading the second piece, “Enforceable Non-Competes?” - within the next 5 - 7 days.

Developing for Palm’s WebOS

O’reilly published a good video on developing for Palm’s WebOS - will be interesting to try to wrap up their native methods/functions into Safire, which by the way is being completely rewritten. We are going to take advantage of a lot of features across iPhone & Android (& WebOS when it comes out). We don’t have a delivery date pinned down yet - but we are looking for contributors.

If you’re interested in being a part of Safire’s next release, please contact me using the form at the top (click “Contact!”).