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Common Business Plan Mistakes
                    Presented by Bart Greenberg
                    Haynes and Boone, LLP
                    Entrepreneurs Forum at UCI
                    April 7, 2011




© 2011 Haynes and Boone, LLP
The “Business Plan”
          Executive Summary              Marketing/Sales Plan
          Mission & Vision               Competitive Analysis
          Company Description            Management Team
          Products & Services            Operational Plan
          Industry Analysis              Financial Projections
          Target Market                  Exit Strategy


© 2011 Haynes and Boone, LLP
Executive Summary
     • Lacking a specific focus
     • Failing to outline the terms of the
       investment sought
     • Getting too involved in the details and
       forgetting to sell the sizzle




© 2011 Haynes and Boone, LLP
examples
       • COMPANY delivers integrated, real-time,
         secure ____________ solutions that
         provide an immediate return-on-
         investment for any size enterprise
       • COMPANY is a biomedical start up
         company. We have no debt. The
         research behind the companies
         Intellectual Property is based upon 8 ½
         years of study of _____.

© 2011 Haynes and Boone, LLP
examples (cont.)
     • GIS that are capable of running on mobile
       devices (e.g. PDAs, PocketPCs, handheld
       computers, laptops, etc) are referred to as
       mobile geographical information systems
       (MOGIS). Unfortunately, MOGIS have not
       evolved to the point where geoscientists can
       effectively collaborate in their geospatial
       management activities, such as geospatial data
       collection, file sharing, and distributed
       processing.

© 2011 Haynes and Boone, LLP
Mission & Vision
     • Don't regurgitate a description of your
       business
     • Don't make it boring
     • Don't claim to be something you aren't




© 2011 Haynes and Boone, LLP
example

     • COMPANY has already developed the
       methods and schematics for its technology
       and will be in position to beta test within
       four months of funding.




© 2011 Haynes and Boone, LLP
Company Description
     • Including far too much detailed information
       about your business
     • Appearing as though you have no
       business history or business purpose
     • Leaving out important business and legal
       particulars



© 2011 Haynes and Boone, LLP
example
     • COMPANY is a Nevada corporation formed to
       develop and administrate a
       multimedia/communications enterprise taking
       advantage of specific markets and specific
       technologies while capitalizing on management’s
       experience in IT/telecommunications, marketing,
       manufacturing finance, and media production
       building and delivering, “A multi-channel
       communication broadcasting company” with an
       international customer base.


© 2011 Haynes and Boone, LLP
Products & Services
     • Failing to identify the benefits of the product or
       service (focusing instead on the features)
     • Describing the product/service in language that
       is too technical
     • Omitting the specific problem the product/service
       addresses and how that problem is solved
     • Assuming an improved product/service will "sell
       itself"


© 2011 Haynes and Boone, LLP
examples
       • This kit will improve medicine. Presently, the
         gold standard for blood draws is an eight or nine
         panel blood test. It is our opinion this is not
         enough.
       • The main competitive edges PRODUCT has
         relative to other similar radiation devices already
         in the market are its projected low price,
         compactness and inconspicuous design.



© 2011 Haynes and Boone, LLP
Industry Analysis
     • Not demonstrating a solid understanding
       of how your industry functions
     • Appearing unaware about the companies
       that form your industry
     • Lacking understanding as to where your
       business fits into the distribution channel
       of your industry

© 2011 Haynes and Boone, LLP
example
    • An indication of the market size can be obtained by
      reviewing the current state of _______ monitoring at the
      US borders. Customs inspectors increasingly rely on an
      array of high tech gadgets, including _______ scanners
      and hand-held ______ detectors no bigger than a pager
      to see inside shipping containers. A computerized
      container tracking system now alerts customs agents to
      suspect boxes while the transport ships are still at sea.
      Customs inspectors working at overseas ports are
      directing local officials to suspicious containers before
      they are loaded aboard American-bound ships. About 72
      mobile _________ devices have been added to the 40
      that agency already had and are deployed at major ports
      and border crossings. In the ports of Los Angeles and
      Long Beach, the third busiest port complex in the world,
      inspection of containers is up 320 percent since the
      Sept. 11, 2001, terrorist attacks.

© 2011 Haynes and Boone, LLP
Target Market
     • Don't assume that everyone is a buyer of your
       product/service
              – Don't assume you must have a "huge" target market
              – A well-defined target market that you can serve is far
                better
              – Need to explain what is different about the “solution”
                you offer
     • Don't be unclear about the characteristics that
       define who your target customers are

© 2011 Haynes and Boone, LLP
Target Market (cont.)
     • Don't jump to conclusions about why your
       target market needs you - instead explain
       how you meet their needs
     • Don't underestimate the value of focus
              – Sell a specific product/service to a specific
                group
              – Don't try to attack too many markets at once


© 2011 Haynes and Boone, LLP
example

     • Historically, customers have proven that
       they will pay for what they want, or need,
       and it is the mission of COMPANY to fulfill
       that need. Thereby giving COMPANY an
       opportunity to build strong brand
       allegiance while building our company.



© 2011 Haynes and Boone, LLP
Marketing/Sales Plan
     • Defining your target market too widely, and
       assuming success will result from simply
       capturing a "small portion" of this enormous
       market
              – Attempting to attack an entire market instead of a
                narrow niche
              – Attempting to immediately fill several lucrative but
                unrelated markets
     • Making assumptions about your target market
       without research or concrete support

© 2011 Haynes and Boone, LLP
Marketing/Sales Plan (cont.)
     • Not specifically identifying the mediums
       you will use to advertise and promote your
       product
     • Making the assumption that offering a
       lower price will lead to increased sales
              – Underestimating the importance of packaging,
                brand name and reputation


© 2011 Haynes and Boone, LLP
Marketing/Sales Plan (cont.)
     • Don’t overemphasize having signed a big
       contract with a major company
              – Over-emphasis can be perceived as a weakness
              – If, for example, 80% of revenues are based on that
                contract, what would happen if the deal goes sour
     • Instead, highlight that your company is adept at
       forging strategic relationships or winning big
       contracts and this skill will be used to diversify
       client base

© 2011 Haynes and Boone, LLP
examples
       • The company estimates that at least 14,000 of
         the THIRD-PARTY PROGRAM customers (40%
         installed base) could use COMPANY’s solutions
         to process electronic payments with an
         immediate ROI.
       • Staying small and utilizing existing companies to
         leverage the market will enable COMPANY to
         maintain a level of profitability and success
         unparalleled by any formidable competitor.



© 2011 Haynes and Boone, LLP
examples (cont.)
     • We will not have a direct sales force. As acceptance and
       validation for the product grows, single orders can be
       taken over the website. These orders will be filled from a
       small inventory of finished kits

     • With security concerns on the rise and a burgeoning
       _____ repair market currently costs $8 billion a year
       nationally. The U.S. Department of Justice estimates
       these costs at $12 billion a year. COMPANY has
       identified a large and growing market for it’s existing
       __________ technology.


© 2011 Haynes and Boone, LLP
Competitive Analysis
     • Assuming you have no competition!
              – A business does not operate in a vacuum
              – Management may not foresee external factors that
                can impact the business
     • Failing to identify direct and indirect competitors
     • Underestimating the strength of competitors
     • Omitting the specific competitive advantages
       you hold over your competition


© 2011 Haynes and Boone, LLP
examples
        • In the little time COMPANY has been in the
          market, the company already dominates the
          THIRD-PARTY PROGRAM segment.
        • COMPANY has many competitors in all product
          spaces however, there is no one delivering
          The total bundled services package and
          combined products like that of COMPANY,
          affiliate support services, and the patented
          products, technologies, unique content and
          specialty events, will benefit charities, and
          ability to share revenue streams.

© 2011 Haynes and Boone, LLP
Management Team
     • Depending on unqualified friends or family
     • Assuming that previous success in other
       industries applies to your current industry
     • Attempting to attract top managers without
       sharing ownership
     • Failing to attract and assemble a knowledgeable
       board of advisors
     • Lack of financial investment on part of founders

© 2011 Haynes and Boone, LLP
examples
     • COMPANY takes the same philosophy used in
       FOUNDER’S previous companies, that of a
       relatively small close knit family of employees
       who work together as a unit to a common end.

     • While COMPANY uses a small local accounting
       firm for bookkeeping services at present,
       COMPANY intends to recruit a major accounting
       firm for audit purposes upon funding.

© 2011 Haynes and Boone, LLP
Operational Plan
     • Failing to outline the process by which you
       manufacture, distribute and sell your
       product or service
     • Failing to account for all production costs
       (direct and indirect)
     • Failing to properly plan for contingencies
       to meet production and staffing challenges

© 2011 Haynes and Boone, LLP
example
        • We are a start-up firm and have limited capital.
          We are developing new and virtually unknown
          markets. Industry trends and technology effect
          demand patterns and hence prices. We are in
          the process of identifying a CEO with
          experience to compliment our existing
          management team; however, there is no
          guarantee that will attract this person. We
          have not identified a complete Board of
          Scientific Advisors. We have not identified our
                                              continued…



© 2011 Haynes and Boone, LLP
example (cont.)
           our marketing team and are not sure if we can
           attract the right personnel to facilitate our
           marketing strategy. Our proprietary process and
           concept patent applications have not been filed,
           therefore, we do not know if we can protect our
           proprietary technology. Our cost to develop the
           automated _______ Analyzer is an estimated
           cost and we are not certain if our projected
           development cost will significantly impact our
           pricing model.



© 2011 Haynes and Boone, LLP
Financial Projections
     • Presenting sales and profit projections that
       are unrealistic (i.e., “hockey stick”)
     • Omitting financial assumptions to explain
       where the "numbers" originated
     • Underestimating expenses and not
       budgeting for unexpected costs



© 2011 Haynes and Boone, LLP
Exit Strategy
     • Assuming you have a business with the
       potential to go public
     • Failing to explain how your investor will
       specifically recoup their investment and a
       sufficient return
     • Completely ignoring this aspect of the
       planning process, or having no exit
       strategy at all

© 2011 Haynes and Boone, LLP
examples
     • The exit strategy of COMPANY is after
       building the company to several million
       dollars in sales to sell the corporation to
       one of these large companies.

     • To either sell out or go public when the
       market rebounds


© 2011 Haynes and Boone, LLP
examples (cont.)

     • Long range financial strategy is to go
       public. The IPO market is starting to heat
       up again. If the market continues to
       improve, IPO is likely to happen 2006.




© 2011 Haynes and Boone, LLP
QUESTIONS?



     Bart Greenberg, Esq.
     Haynes and Boone, LLP
     Direct: 949.202.3037
     e-mail: bart.greenberg@haynesboone.com
     http://www.haynesboone.com

     Follow Me on Twitter: http://twitter.com/#!/BartTweets


© 2011 Haynes and Boone, LLP
Thank You!
                               Bart Greenberg




© 2011 Haynes and Boone, LLP

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Avoiding Common Business Plan Mistakes

  • 1. Common Business Plan Mistakes Presented by Bart Greenberg Haynes and Boone, LLP Entrepreneurs Forum at UCI April 7, 2011 © 2011 Haynes and Boone, LLP
  • 2. The “Business Plan” Executive Summary Marketing/Sales Plan Mission & Vision Competitive Analysis Company Description Management Team Products & Services Operational Plan Industry Analysis Financial Projections Target Market Exit Strategy © 2011 Haynes and Boone, LLP
  • 3. Executive Summary • Lacking a specific focus • Failing to outline the terms of the investment sought • Getting too involved in the details and forgetting to sell the sizzle © 2011 Haynes and Boone, LLP
  • 4. examples • COMPANY delivers integrated, real-time, secure ____________ solutions that provide an immediate return-on- investment for any size enterprise • COMPANY is a biomedical start up company. We have no debt. The research behind the companies Intellectual Property is based upon 8 ½ years of study of _____. © 2011 Haynes and Boone, LLP
  • 5. examples (cont.) • GIS that are capable of running on mobile devices (e.g. PDAs, PocketPCs, handheld computers, laptops, etc) are referred to as mobile geographical information systems (MOGIS). Unfortunately, MOGIS have not evolved to the point where geoscientists can effectively collaborate in their geospatial management activities, such as geospatial data collection, file sharing, and distributed processing. © 2011 Haynes and Boone, LLP
  • 6. Mission & Vision • Don't regurgitate a description of your business • Don't make it boring • Don't claim to be something you aren't © 2011 Haynes and Boone, LLP
  • 7. example • COMPANY has already developed the methods and schematics for its technology and will be in position to beta test within four months of funding. © 2011 Haynes and Boone, LLP
  • 8. Company Description • Including far too much detailed information about your business • Appearing as though you have no business history or business purpose • Leaving out important business and legal particulars © 2011 Haynes and Boone, LLP
  • 9. example • COMPANY is a Nevada corporation formed to develop and administrate a multimedia/communications enterprise taking advantage of specific markets and specific technologies while capitalizing on management’s experience in IT/telecommunications, marketing, manufacturing finance, and media production building and delivering, “A multi-channel communication broadcasting company” with an international customer base. © 2011 Haynes and Boone, LLP
  • 10. Products & Services • Failing to identify the benefits of the product or service (focusing instead on the features) • Describing the product/service in language that is too technical • Omitting the specific problem the product/service addresses and how that problem is solved • Assuming an improved product/service will "sell itself" © 2011 Haynes and Boone, LLP
  • 11. examples • This kit will improve medicine. Presently, the gold standard for blood draws is an eight or nine panel blood test. It is our opinion this is not enough. • The main competitive edges PRODUCT has relative to other similar radiation devices already in the market are its projected low price, compactness and inconspicuous design. © 2011 Haynes and Boone, LLP
  • 12. Industry Analysis • Not demonstrating a solid understanding of how your industry functions • Appearing unaware about the companies that form your industry • Lacking understanding as to where your business fits into the distribution channel of your industry © 2011 Haynes and Boone, LLP
  • 13. example • An indication of the market size can be obtained by reviewing the current state of _______ monitoring at the US borders. Customs inspectors increasingly rely on an array of high tech gadgets, including _______ scanners and hand-held ______ detectors no bigger than a pager to see inside shipping containers. A computerized container tracking system now alerts customs agents to suspect boxes while the transport ships are still at sea. Customs inspectors working at overseas ports are directing local officials to suspicious containers before they are loaded aboard American-bound ships. About 72 mobile _________ devices have been added to the 40 that agency already had and are deployed at major ports and border crossings. In the ports of Los Angeles and Long Beach, the third busiest port complex in the world, inspection of containers is up 320 percent since the Sept. 11, 2001, terrorist attacks. © 2011 Haynes and Boone, LLP
  • 14. Target Market • Don't assume that everyone is a buyer of your product/service – Don't assume you must have a "huge" target market – A well-defined target market that you can serve is far better – Need to explain what is different about the “solution” you offer • Don't be unclear about the characteristics that define who your target customers are © 2011 Haynes and Boone, LLP
  • 15. Target Market (cont.) • Don't jump to conclusions about why your target market needs you - instead explain how you meet their needs • Don't underestimate the value of focus – Sell a specific product/service to a specific group – Don't try to attack too many markets at once © 2011 Haynes and Boone, LLP
  • 16. example • Historically, customers have proven that they will pay for what they want, or need, and it is the mission of COMPANY to fulfill that need. Thereby giving COMPANY an opportunity to build strong brand allegiance while building our company. © 2011 Haynes and Boone, LLP
  • 17. Marketing/Sales Plan • Defining your target market too widely, and assuming success will result from simply capturing a "small portion" of this enormous market – Attempting to attack an entire market instead of a narrow niche – Attempting to immediately fill several lucrative but unrelated markets • Making assumptions about your target market without research or concrete support © 2011 Haynes and Boone, LLP
  • 18. Marketing/Sales Plan (cont.) • Not specifically identifying the mediums you will use to advertise and promote your product • Making the assumption that offering a lower price will lead to increased sales – Underestimating the importance of packaging, brand name and reputation © 2011 Haynes and Boone, LLP
  • 19. Marketing/Sales Plan (cont.) • Don’t overemphasize having signed a big contract with a major company – Over-emphasis can be perceived as a weakness – If, for example, 80% of revenues are based on that contract, what would happen if the deal goes sour • Instead, highlight that your company is adept at forging strategic relationships or winning big contracts and this skill will be used to diversify client base © 2011 Haynes and Boone, LLP
  • 20. examples • The company estimates that at least 14,000 of the THIRD-PARTY PROGRAM customers (40% installed base) could use COMPANY’s solutions to process electronic payments with an immediate ROI. • Staying small and utilizing existing companies to leverage the market will enable COMPANY to maintain a level of profitability and success unparalleled by any formidable competitor. © 2011 Haynes and Boone, LLP
  • 21. examples (cont.) • We will not have a direct sales force. As acceptance and validation for the product grows, single orders can be taken over the website. These orders will be filled from a small inventory of finished kits • With security concerns on the rise and a burgeoning _____ repair market currently costs $8 billion a year nationally. The U.S. Department of Justice estimates these costs at $12 billion a year. COMPANY has identified a large and growing market for it’s existing __________ technology. © 2011 Haynes and Boone, LLP
  • 22. Competitive Analysis • Assuming you have no competition! – A business does not operate in a vacuum – Management may not foresee external factors that can impact the business • Failing to identify direct and indirect competitors • Underestimating the strength of competitors • Omitting the specific competitive advantages you hold over your competition © 2011 Haynes and Boone, LLP
  • 23. examples • In the little time COMPANY has been in the market, the company already dominates the THIRD-PARTY PROGRAM segment. • COMPANY has many competitors in all product spaces however, there is no one delivering The total bundled services package and combined products like that of COMPANY, affiliate support services, and the patented products, technologies, unique content and specialty events, will benefit charities, and ability to share revenue streams. © 2011 Haynes and Boone, LLP
  • 24. Management Team • Depending on unqualified friends or family • Assuming that previous success in other industries applies to your current industry • Attempting to attract top managers without sharing ownership • Failing to attract and assemble a knowledgeable board of advisors • Lack of financial investment on part of founders © 2011 Haynes and Boone, LLP
  • 25. examples • COMPANY takes the same philosophy used in FOUNDER’S previous companies, that of a relatively small close knit family of employees who work together as a unit to a common end. • While COMPANY uses a small local accounting firm for bookkeeping services at present, COMPANY intends to recruit a major accounting firm for audit purposes upon funding. © 2011 Haynes and Boone, LLP
  • 26. Operational Plan • Failing to outline the process by which you manufacture, distribute and sell your product or service • Failing to account for all production costs (direct and indirect) • Failing to properly plan for contingencies to meet production and staffing challenges © 2011 Haynes and Boone, LLP
  • 27. example • We are a start-up firm and have limited capital. We are developing new and virtually unknown markets. Industry trends and technology effect demand patterns and hence prices. We are in the process of identifying a CEO with experience to compliment our existing management team; however, there is no guarantee that will attract this person. We have not identified a complete Board of Scientific Advisors. We have not identified our continued… © 2011 Haynes and Boone, LLP
  • 28. example (cont.) our marketing team and are not sure if we can attract the right personnel to facilitate our marketing strategy. Our proprietary process and concept patent applications have not been filed, therefore, we do not know if we can protect our proprietary technology. Our cost to develop the automated _______ Analyzer is an estimated cost and we are not certain if our projected development cost will significantly impact our pricing model. © 2011 Haynes and Boone, LLP
  • 29. Financial Projections • Presenting sales and profit projections that are unrealistic (i.e., “hockey stick”) • Omitting financial assumptions to explain where the "numbers" originated • Underestimating expenses and not budgeting for unexpected costs © 2011 Haynes and Boone, LLP
  • 30. Exit Strategy • Assuming you have a business with the potential to go public • Failing to explain how your investor will specifically recoup their investment and a sufficient return • Completely ignoring this aspect of the planning process, or having no exit strategy at all © 2011 Haynes and Boone, LLP
  • 31. examples • The exit strategy of COMPANY is after building the company to several million dollars in sales to sell the corporation to one of these large companies. • To either sell out or go public when the market rebounds © 2011 Haynes and Boone, LLP
  • 32. examples (cont.) • Long range financial strategy is to go public. The IPO market is starting to heat up again. If the market continues to improve, IPO is likely to happen 2006. © 2011 Haynes and Boone, LLP
  • 33. QUESTIONS? Bart Greenberg, Esq. Haynes and Boone, LLP Direct: 949.202.3037 e-mail: bart.greenberg@haynesboone.com http://www.haynesboone.com Follow Me on Twitter: http://twitter.com/#!/BartTweets © 2011 Haynes and Boone, LLP
  • 34. Thank You! Bart Greenberg © 2011 Haynes and Boone, LLP