May 31, 2012
Thomas Miller, CFA
President,
Quist Valuation
.
Facebook’s public offering is all over the news. But attorneys Cory Slagle and Lisa Van Fleet of Bryan Cave LLP, executive benefit and compensation consultants have captured another aspect of the deal that Quist Valuation, (A key Shareholder InSite strategic partner) finds interesting.
(FB 409a)
Here’s the CliffsNotes Version:
(Wow, did that make me sound old!)
- The Winkelvoss twins, Harvard students and the guys who had the idea for FB but were not able to execute due to crafty Mr. Z who knew a good idea when he saw it, and ran with the concept cashing in big time.
- The twins sued Mr. Z and settled in 2008 based on a valuation created from an investment in the company made by Microsoft (a seemingly good measuring stick)
.
So everyone wins right? Not so much. The lesson behind this story is the importance of knowing your T&C’s, information that should be clearly revealed in a 409a valuation. These entrepreneurs could have used a guide to show them how the terms and conditions impact the value of the securities they owned. Like many disagreements that end up in court, there are a few things that rate a closer look including:
.
.
Read the Full Story