Comments on: Unilateral or Serial Monogamy http://www.feld.com/wp/archives/2005/08/unilateral-or-serial-monogamy.html Mon, 13 Feb 2012 21:06:34 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: cheap condoms http://www.feld.com/wp/archives/2005/08/unilateral-or-serial-monogamy.html/comment-page-1#comment-16085 cheap condoms Sun, 20 Sep 2009 14:25:04 +0000 http://www.feld.com/wp/?p=527#comment-16085 While there are usually no legal implications, the dynamics aren't pretty (this is where my first post on serial monogamy comes into play - the simple analogy of you are about to get married and your fiancee sleeps with someone else.) While there are usually no legal implications, the dynamics aren't pretty (this is where my first post on serial monogamy comes into play – the simple analogy of you are about to get married and your fiancee sleeps with someone else.)

]]> By: cheap condoms http://www.feld.com/wp/archives/2005/08/unilateral-or-serial-monogamy.html/comment-page-1#comment-16080 cheap condoms Sun, 20 Sep 2009 13:57:16 +0000 http://www.feld.com/wp/?p=527#comment-16080 An obsession with symmetry in these deals is just as silly as parents who think that they should always treat their kids the same... life and business aren't like that. While there are usually no legal implications, the dynamics aren't pretty . An obsession with symmetry in these deals is just as silly as parents who think that they should always treat their kids the same… life and business aren't like that.
While there are usually no legal implications, the dynamics aren't pretty .

]]> By: Brad Feld http://www.feld.com/wp/archives/2005/08/unilateral-or-serial-monogamy.html/comment-page-1#comment-1405 Brad Feld Sat, 13 Aug 2005 19:48:36 +0000 http://www.feld.com/wp/?p=527#comment-1405 Yes - I've seen entrepreneurs unilaterally and unambiguously violate the no shop agreement. While there are usually no legal implications, the dynamics aren't pretty (this is where my first post on serial monogamy comes into play - the simple analogy of you are about to get married and your fiancee sleeps with someone else.) Personally, this is a no op for me if this happens - I'm outta there. So - there's rarely a "legal enforcement", but behaviorally the deal with the first VC often blows up. Yes – I’ve seen entrepreneurs unilaterally and unambiguously violate the no shop agreement. While there are usually no legal implications, the dynamics aren’t pretty (this is where my first post on serial monogamy comes into play – the simple analogy of you are about to get married and your fiancee sleeps with someone else.) Personally, this is a no op for me if this happens – I’m outta there. So – there’s rarely a “legal enforcement”, but behaviorally the deal with the first VC often blows up.

]]> By: Dave Jilk http://www.feld.com/wp/archives/2005/08/unilateral-or-serial-monogamy.html/comment-page-1#comment-1404 Dave Jilk Sat, 13 Aug 2005 18:41:11 +0000 http://www.feld.com/wp/?p=527#comment-1404 In my experience, far too many VCs *AND* entrepreneurs are duplicitous... but it's easier to tack this tag on people in a position of power. And Brad, just so you have a third party perspective, I've never seen you do anything remotely like this (use the unilateral no-shop to some diabolical advantage). It is absolutely good negotiating advice to push to make clauses mutual, but to complain that the monogamy is unilateral is to not understand the relative power positions of the two sides. An obsession with symmetry in these deals is just as silly as parents who think that they should always treat their kids the same... life and business aren't like that. Here's a question for you Brad: have you ever seen a VC no-shop violated? How about enforced? (not acquisitions -- I know that those are enforced). In my experience, far too many VCs *AND* entrepreneurs are duplicitous… but it’s easier to tack this tag on people in a position of power.

And Brad, just so you have a third party perspective, I’ve never seen you do anything remotely like this (use the unilateral no-shop to some diabolical advantage).

It is absolutely good negotiating advice to push to make clauses mutual, but to complain that the monogamy is unilateral is to not understand the relative power positions of the two sides. An obsession with symmetry in these deals is just as silly as parents who think that they should always treat their kids the same… life and business aren’t like that.

Here’s a question for you Brad: have you ever seen a VC no-shop violated? How about enforced? (not acquisitions — I know that those are enforced).

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