Commercial Awareness 2023/24 Thread

justkeepswimming

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  • Oct 26, 2022
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    Following on from Jaysen's Full Disclosure newsletter:

    This has been a quickly developing situation, making the HQ of OpenAI look positively chaotic. It seems OpenAI has taken a leaf out of Netflix's book of dropping an entire season's worth of content in a day.

    Quick brief:
    Sam Altman has been dismissed from OpenAI, the company he founded after the board lost confidence in him due to transparency concerns. He has also previously had conflicts with OpenAI's chief scientist. However, some investors were keen to have him back.

    Along with his departure, Greg Brockman, another key individual, left the company.

    Latest update: Microsoft's to the rescue:
    Having been informed about his dismissal moments before the public, Microsoft, who owns 49% of OpenAI, could not oppose the decision. However, just an hour or so ago, Microsoft announced that Altman will be joining Microsoft, where he will lead a new advanced AI research team. Brockman will also be joining him.

    Potential implications of losing Altman for OpenAI:
    OpenAI is a startup. As a startup, OpenAI's potential and investor perception are closely tied to its founders and the people who built this company. Losing Altman, hailed as an AI superstar by the BBC poses a risk to the company's future and investor confidence.

    This comes at a critical time for OpenAI as the company prepares for an upcoming share sale. If investor confidence falls weak, they may fail to raise the requisite capital.

    Even more latest update: internal conflicts
    While writing this, we have another news update on the situation. Most of the staff at OpenAI, more than 500 employees, threaten to resign and join Altman if the board do not resign themselves. The company has about 770 employees.

    Surprisingly, this open letter to the board is signed by Ilya Sutskever, the chief scientist reported to have conflicts with Altman.

    There is strong internal discontent brewing. The situation for OpenAI has turned from bad to worse.

    Additional points to note for ACs:
    1) Unfair dismissal:
    A lot of the discourse around this situation indicated the dismissal was unexpected. There may be questions about whether this dismissal was lawful or not.

    2) Non-solicit clauses:
    There were rumours that Altman would take some of his employees with him. A non-solicit clause is to prevent departing employees from poaching current employees. Some employees could also have left because they supported Altman, like Brockman.

    3) Non-compete clauses:
    There were also rumours that Altman would start a new company. A non-compete clause can restrict an employee's ability to leave and compete with the company. However, it seems unreasonable for OpenAI to attempt to restrict Altman's ability to compete with them or even operate in the same industry.

    4) NDA
    Having built the company, Altman has access to considerable confidential information, if not all of it. OpenAI may have ensured the protection of their confidential information before they ousted Altman.


    For more information on the story, check @Jaysen 's Full Disclosure newsletter.
     

    Jaysen

    Founder, TCLA
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    TCLA Moderator
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    Premium Member
    M&A Bootcamp
  • Feb 17, 2018
    4,695
    8,577
    Following on from Jaysen's Full Disclosure newsletter:

    This has been a quickly developing situation, making the HQ of OpenAI look positively chaotic. It seems OpenAI has taken a leaf out of Netflix's book of dropping an entire season's worth of content in a day.

    Quick brief:
    Sam Altman has been dismissed from OpenAI, the company he founded after the board lost confidence in him due to transparency concerns. He has also previously had conflicts with OpenAI's chief scientist. However, some investors were keen to have him back.

    Along with his departure, Greg Brockman, another key individual, left the company.

    Latest update: Microsoft's to the rescue:
    Having been informed about his dismissal moments before the public, Microsoft, who owns 49% of OpenAI, could not oppose the decision. However, just an hour or so ago, Microsoft announced that Altman will be joining Microsoft, where he will lead a new advanced AI research team. Brockman will also be joining him.

    Potential implications of losing Altman for OpenAI:
    OpenAI is a startup. As a startup, OpenAI's potential and investor perception are closely tied to its founders and the people who built this company. Losing Altman, hailed as an AI superstar by the BBC poses a risk to the company's future and investor confidence.

    This comes at a critical time for OpenAI as the company prepares for an upcoming share sale. If investor confidence falls weak, they may fail to raise the requisite capital.

    Even more latest update: internal conflicts
    While writing this, we have another news update on the situation. Most of the staff at OpenAI, more than 500 employees, threaten to resign and join Altman if the board do not resign themselves. The company has about 770 employees.

    Surprisingly, this open letter to the board is signed by Ilya Sutskever, the chief scientist reported to have conflicts with Altman.

    There is strong internal discontent brewing. The situation for OpenAI has turned from bad to worse.

    Additional points to note for ACs:
    1) Unfair dismissal:
    A lot of the discourse around this situation indicated the dismissal was unexpected. There may be questions about whether this dismissal was lawful or not.

    2) Non-solicit clauses:
    There were rumours that Altman would take some of his employees with him. A non-solicit clause is to prevent departing employees from poaching current employees. Some employees could also have left because they supported Altman, like Brockman.

    3) Non-compete clauses:
    There were also rumours that Altman would start a new company. A non-compete clause can restrict an employee's ability to leave and compete with the company. However, it seems unreasonable for OpenAI to attempt to restrict Altman's ability to compete with them or even operate in the same industry.

    4) NDA
    Having built the company, Altman has access to considerable confidential information, if not all of it. OpenAI may have ensured the protection of their confidential information before they ousted Altman.


    For more information on the story, check @Jaysen 's Full Disclosure newsletter.
    Awesome to see you build on this. The story has been very interesting to follow!
     
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    justkeepswimming

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  • Oct 26, 2022
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    Nvidia’s having a tough time:

    The US cracking down on advanced AI chip exports to China is worrying for Nvidia, which has historically relied on China for a fifth of its sales.
    However, Nvidia is keen to continue supplying China within the limits of the new export rules. It plans to create export-compliant AI chips for the Chinese market, but the release has been delayed until the first quarter of 2024.

    Chinese firms are also keen to have Nvidia chips as domestic alternatives are not of the Nvidia standard yet. However, the trouble of getting access to these chips due to the increasingly strict export controls may force Chinese firms to source alternatives. This will especially be the case if the new export complaint chips are not of an appropriate standard.

    An alternative they may turn to is Huawei, a Chinese tech heavyweight, which Nvidia admits is a worthy opponent. Huawei has been racing to produce smart and fast AI chips. This situation has not been helped with China’s increasing focus and support for domestic brands. The Nvidia delay could give Huawei the time to attract consumers and/or improve their offering further.

    Nvidia is not just facing competition in China but also in the US market.

    AMD has announced it is rolling out a new rival to Nvidia’s AI chips with its own M1300 chip. Chief Executive, Lisa Su, has announced ambitious plans for this new chip, predicting it will reach $400 billion by 2027. It is also claimed to outperform Nvidia’s current offering.

    During an AMD event, Microsoft's chief technology officer and Meta’s AI senior director of engineering onstage to discuss how these companies were incorporating the M1300 into their AI workloads. Even OpenAI plans to use AMD’s chips for the latest version of its Triton software.

    Impact on AI chip industry + Impact on law firms:
    1 - The AI trend is going strong
    The fierce demand for AI chips continues, and the big tech firms have already committed themselves to using AMD's chips for ongoing and future projects.
    Law firms can assist with creating the supply agreements. The manufacturers might be keen to include terms regarding exclusivity or volume requirements. Additionally, if Chinese chip buyers want to switch to a new supplier, law firms can advise them on how to exit their existing contract and enter a new one.

    2 - Geopolitical tension impacting companies
    The US and China trade war continues to impact businesses on both sides. Law firms can help businesses remain compliant with the new restrictions. They can also help clients determine whether they are caught under the new restrictions, to begin with.

    3 - Disputes
    There is also the potential for disputes to arise: between buyers and manufacturers but also disputes between governments and businesses. A few days ago, the US commerce secretary warned companies not to play around with US regulations.
     
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    CarolineC

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    Jan 23, 2019
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    Hi all!
    I recently came across an article analysing Vinted plan to raise 200m through a second shares issue (Vinted weighs €200M share sale as sustainable fashion booms, link). I found it interesting given the company is valued at over £3BN while it's still a lossmaking start-up. Moreover, according to the CEO the company is "technically IPO-ready", yet they steer away from going public and look for alternative financing.

    I found the topic interesting as I regularly use the platform myself. I think it shows a number of trends in the industry generally:
    - Consumer shift towards more second-hand impacted by the economic situation (inflation).
    - ESG trends and consumer move towards more sustainable fashion lowering waste and carbon emissions (fast fashion impact). This in turn may further affect the move towards investment opportunities in sustainable technology and LPs expectations).

    Do you think this would be an appropriate story for a commercial story/topic question for a US law firm with a significant PE focus? If so, how would you go about answering how do you think this will impact the firm's clients?

    While I can notice larger market trends, I'm not sure what direct impact they would have on the investment funds.

    Thanks all!
     
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    Jaysen

    Founder, TCLA
    Staff member
    TCLA Moderator
    Gold Member
    Premium Member
    M&A Bootcamp
  • Feb 17, 2018
    4,695
    8,577
    Hi all!
    I recently came across an article analysing Vinted plan to raise 200m through a second shares issue (Vinted weighs €200M share sale as sustainable fashion booms, link). I found it interesting given the company is valued at over £3BN while it's still a lossmaking start-up. Moreover, according to the CEO the company is "technically IPO-ready", yet they steer away from going public and look for alternative financing.

    I found the topic interesting as I regularly use the platform myself. I think it shows a number of trends in the industry generally:
    - Consumer shift towards more second-hand impacted by the economic situation (inflation).
    - ESG trends and consumer move towards more sustainable fashion lowering waste and carbon emissions (fast fashion impact). This in turn may further affect the move towards investment opportunities in sustainable technology and LPs expectations).

    Do you think this would be an appropriate story for a commercial story/topic question for a US law firm with a significant PE focus? If so, how would you go about answering how do you think this will impact the firm's clients?

    While I can notice larger market trends, I'm not sure what direct impact they would have on the investment funds.

    Thanks all!

    Yes this would be a relevant story if it's a general commercial question. I think you have some relevant thoughts here - a few things you could consider:

    - Do some private equity firms target companies with a sustainability/ESG focus?
    - Where is this market going and what could this mean for private equity firms? What role does ESG play in a company's growth?
    - Does the firm already advise clients in a similar industry? Or private equity firms with an ESG-focus?
     
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