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This Week in Startups

Navigating Challenges in Distressed Companies with Becki DeGraw | Wilson Sonsini Startup Legal Basics

This Week in Startups

Jason Calacanis

Technology

4.41.3K Ratings

🗓️ 19 September 2024

⏱️ 21 minutes

🧾️ Download transcript

Summary

Todays show: Wilson Sonsini Partner Becki DeGraw joins Jason on the latest edition of Startup Legal Basics! In this episode, they break down challenges in distressed companies(1:04), pay-to-play scenarios (2:31), the importance of a market check in financing (9:25), and high-profile legal and ethical issues (18:03).

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Timestamps:

(00:00) Wilson Sonsini partner Becki DeGraw joins Jason

(1:04) Distressed companies and VCs leaving the board; Challenges in distressed companies

(2:31) Insider-led down rounds and pay-to-play scenarios

(7:07) Legal actions and stockholder lawsuits in successful turnarounds

(9:25) The importance of a market check in financing; Voting against board decisions

(18:03) Character and incentives in the startup ecosystem; High-profile legal and ethical issues

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Check Out Wilson Sonsini: ⁠⁠https://www.wsgr.com⁠

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Subscribe to the TWiST500 newsletter: https://ticker.thisweekinstartups.com

Check out the TWIST500: https://www.twist500.com

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Subscribe to This Week in Startups on Apple: https://rb.gy/v19fcp

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Follow Becki:

LinkedIn: https://www.linkedin.com/in/rebecca-degraw-639bbb62

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Follow Jason:

X: https://twitter.com/Jason

LinkedIn: https://www.linkedin.com/in/jasoncalacanis

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Great TWIST interviews: Will Guidara, Eoghan McCabe, Steve Huffman, Brian Chesky, Bob Moesta, Aaron Levie, Sophia Amoruso, Reid Hoffman, Frank Slootman, Billy McFarland

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Check out Jason’s suite of newsletters: https://substack.com/@calacanis

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Follow TWiST:

Twitter: https://twitter.com/TWiStartups

YouTube: https://www.youtube.com/thisweekin

Instagram: https://www.instagram.com/thisweekinstartups

TikTok: https://www.tiktok.com/@thisweekinstartups

Substack: https://twistartups.substack.com

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Subscribe to the Founder University Podcast: https://www.youtube.com/@founderuniversity1916

Transcript

Click on a timestamp to play from that location

0:00.0

Right everybody welcome back to this week in startups. It's time for

0:06.9

startup basics with my friend Becky de Gras. She is council from Wilson

0:11.7

Cincinnati, W-SGR, as we call it.

0:15.8

People say Wilson, Cincinnati here in the valley.

0:18.0

Becky, one of the things we're seeing is distrust companies.

0:22.0

I'm on the board of some of these and this crazy moment happens

0:25.8

when it's pretty clear that this plane is not going to make it across the Atlantic Ocean and land safely, to use a dark metaphor.

0:36.0

It's not life or death, but all of a sudden I looked to my left and my right and two VCs and

0:41.5

an independent director just took their

0:43.0

parachutes and jumped out the back of the plane and I'm sitting in the

0:45.2

cockpit with the two co-founders and we got to do something with this plane.

0:49.2

So maybe you could talk about why do certain VCs just leave the board, companies not out of business, but they're clearly

0:56.9

struggling and there's just like perception, hey we're not going to make it.

1:00.9

It's going to be a pretty rough landing.

1:02.6

So let's talk about distress companies in that final six months.

1:07.0

Yeah, now, unfortunately, we're having more of these conversations

1:11.7

in this macro environment that we're in, but I think if you

1:17.4

find yourself either as a director or officer in one of those companies heading in that direction,

1:25.0

your job becomes much more difficult, right,

1:27.5

on a number of friends.

1:30.0

Anytime you start taking actions, they're going to be looked at with greater scrutiny, right?

1:36.4

Oftentimes it's insiders that come to the rescue, enter from a financing perspective. And we've got insider-led down rounds and

...

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