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E158: Global trade disrupted, Adobe/Figma canceled, realtors sued, Trump blocked

December 23, 2023 / 01:47:21

This episode covers the Colorado Supreme Court's ruling on Trump's eligibility for the presidential primary ballot, the implications of recent class action lawsuits against the real estate industry, and discussions on mergers and acquisitions in the tech sector. Guests include Chamath Palihapitiya, Jason Calacanis, David Sacks, and Freeberg.

The Colorado Supreme Court ruled 4-3 to disqualify Donald Trump from the presidential primary ballot based on the 14th Amendment, citing insurrection. This decision has sparked debate about due process and the implications for democracy, with guests expressing concerns over the precedent it sets.

In real estate, a federal jury found the National Association of Realtors guilty of conspiring to inflate commissions, potentially leading to $13 billion in damages. The discussion highlights the monopolistic practices in the industry and the impact on consumers.

The episode also touches on the recent cancellations of major mergers, including Adobe's acquisition of Figma, and the challenges facing startups in the current economic climate. The guests discuss the shift towards profitability and efficiency in venture capital.

Overall, the conversation reflects on the intersection of law, business, and politics, with a focus on the implications for the future.

TLDR

The episode discusses Trump's disqualification from the ballot, real estate commission lawsuits, and challenges in tech mergers and startups.

Episode

1:47:21
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do I care I'm coming in hot my quick time I told you seven times you Nick you don't work for me work first you're on
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your own good luck working for chal do not attack my employees Jason you guys are going to billionaire
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me and that's going to be the greatest revenge of all you want to run the show in year four go ahead chairman you guys
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won the vote guess what jal's goingon to do I'm gonna ski and you're going to make my 25% worth 500 million get to
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work deal let's go deal Chamas title has been upgraded from dictator a chairman chairman dictator that is very
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funny chairman dictator chairman dictator he's got the super voting I have no say anything I built this entire
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Empire and I have nothing I built the Empire I came up with the name of the show I came up with the format I invited
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you miserable Pricks make me rich let's go distribution checks Daddy needs new skis three two all right everybody
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welcome back to the all-in podcast if you can believe it we're almost at 4 years of this muga episode 158
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today and we've got a full docket I'm at half speed I got a little bit of uh the
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sniffles but we're going to power through the docket with me again today you got the sniffles I got a little bit
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can I get you a tissue give me a little tissue and some uh some juicy a juice box and I'll some cough drops I'll be
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fine I'll be fine you'll tough it out you'll tough it out well listen I just want say you can make it through this
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pod of course of course I'm professional with me again today the king of beep can't say what he's working on it's a I
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don't think people understand that like what the beep there were so many beeps last time that people couldn't even
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understand beep out of the show it was crazy it's some C he's genetically engineering right but he's it's top
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secret which one is gonna they already figured it out in the comments by the way all the Fig I don't know what's so
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secret they they already figured it out so can we say what it is the horse out of the bar bar freeberg can we fit get
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through introductions go ahead keep going and chairman dictator chamath p haaa is with us welcome back to the
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program thank you by the way I um I was feeling pretty bad about your sore throat so I was I went on
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Google and I found something that may be the cause of it Nick can you just throw up this AR
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pre strike let him land the joke come on Jesus this isn't a Cru movie you can't pre- strike go
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ahead I found an arle that made the Epic source of your god oh no I'm going to get
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cancelled let your winners ride Rainman David and instead we open source it to the fans and they just gone
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[Music] crazy I am your bip chairman and I'm here to do the best job I caning what do
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you mean bip chairman explain to the audience what these two words mean person of color bro billionaire person
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of color oh is that what it is yeah soing to we checked the Dei Manifesto and it said we needed to make a chairman
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of the organization so uh saak is leading the all-in Dei group and uh they vote Ved chamath to be the first
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chairman of Allin as we get our CEO ready to come on board and so you did A diversity token candidate saak explain
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the process well it's it's more like um you know tath was getting a little bit touchy about being called dictator all
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the time and you were kind of playing the Biden role of needlessly offending him he's kind of playing the Shen King
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role so we've elected him chairman so that you can stop calling him dictator right because you want to more
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diplomatic more sensitive more yeah I think it's great I'm all about the Diplomatic listen and he there was there
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was a polit buau there was a process it was meritocratic chimney and now for year
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one there's a PA buau consisting of me freeberg and chamath and the PA buau has selected
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shth as chairman get to work get to work let's make my 25% worth a billion dollarss please uh and of course with us
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hot off his hosting of the absolute best party of the Season well top two here at
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too man it was a top meat protein party shth and I went to sa I hope you got enough food I did it was good yeah I
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mean the dessert table was crazy the dessert table I had to I was like I found myself beside it and I was like
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why am I near this dessert Table after the Fiasco at free birds so I had to go I had to go to the other side well
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here's what jamaath and I did we got in there and we sniffed out the caviar and this was Top Shelf caviar on potato
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chips fresh and also on bis we parked it there and then that actually is a great
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way to you know that those B are too like Brey I don't think it's a good combination with caviar but caviar
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chip high and low they call it high and low in the business should always be served on Pringles the most important
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thing Nick I'm sure you have it queued up is our annual awkward hug this is a tradition amongst the all-in every year
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to celebrate the holiday seasons we engage in the awkward Allin hug let me explain how
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the hug went down we're at the caviar and chamath is on his eighth Pringle I'm I'm about 15 in I've eaten
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half the 10 of caviar at this point I'm getting my money's worth uh for coming all the way up uh to the city and
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risking my life and then here it is we got to break this down first chamath is in a loving Embrace with Sachs what you
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see there from Sachs is not a cry of Joy fear it's it's Fe absolute fear abject fear going a little bit too long that
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was M shth refus they went on for a while that's what you guys don't AR because if you look at the you look at
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the studies and freedberg can attested this when men hug for two minutes there's a release of oxytocin and it's
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an incredible anti-inflammatory anti-anxiety so I was I was giving you therapy that's like a therapeutic H it's
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a gift that that was your Christmas gift SX tell us what you're feeling here we see this blood curdling scream Endor Cry
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Of Joy what what were you what was going through your mind when you got to minute
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two of the hug take us to the moment I'll show you what I was I was thinking of here hold on okay because you can see
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here also if we break this down freeberg comes in with an asperg or side hug I don't know if you can see that there in
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the photo but let's see the because you know he yeah you got to zoom over to the
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left freeberg looking at his shoes is like I'm going to express joy and love with my three besties through a man hug
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and he he gets enough of the shoulder in there that he doesn't have to have technically part of the hug but he's not
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really cannot make eye contact and he says I have to it now me I'm like this is hilarious so I just jump and I grab
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all three guys and I just said that's just me pure joy hilarious friendship is great good to have good friends in
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Friendship is great I love you guys I love you guys too yeah back at you this is what I was thinking this is what it
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reminded me of this is Sax's personal Vietnam this is oh yeah it's a great scene great scene great scene love that
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that's a great scene from fight from Fight Club that's meatloaf right that a great scene that's a great movie he on
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he's on estrogen therapy in the scene and he grows man boobs and then he stuffs Edward Norton into his man boobs
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it's a great scene we're men men is what we are let's get to work we got a full docket here and uh the world continues
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to spin into chaos apparently members of the houti movement have been attacking commercial ships in the Red Sea with
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drones and with missiles this is largely underreported in the mainstream press so
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we thought we would tackle it here they are calling this revenge for Israel's uh
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military campaign in Gaza the houis say they will only stop once Israel begins allowing food and medicine to freely
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enter Gaza think something we would all like to see CRI suggests this is a power
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play for more legitimacy in the reason us allies including the UK Canada France are reportedly preparing to
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deploy Naval vessels to the region to deter more strikes obviously there's a lot of geopolitics
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here and this is a business story we can link this back because the attacks have
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interrupted one of the world's busiest trade routes as you know all five of the world's largest shipping conglomerates
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have paused transfers through the Red Sea and that that means they've got to go around Cape Horn they got to go
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around South Africa to get things to Europe uh from Asia thousands of extra miles from what I understand and this
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has caused oil and gas prices to rise and if this becomes acute it could be really really impactful to the
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economy on a global basis so in order to understand what's happening of course we
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go to our foreign war correspondent yes he's got his military cap on he's now a total of zero tours of Duty SX can you
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please with your infinite wisdom and experience in the field tell us what is happening in this well you know um
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Matchbox situation yeah what's happening is um gee yeah what's happening um come
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on you're an expert yeah I'm really I'm really struggling with this one jcal um can I use a
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[Music] Lifeline I'd like to phone a friend phone a friend tance for this one for
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the first time Sax is unable to give us a confident answer he's chosen to phone a friend which we allow here on the
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all-in podcast who would you like to phone have you thought about that who are you going to phone since this is uh
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involving impact on global trade Zuckerberg no I'm I'd like to phone Ryan Peterson the founder of flexport all
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right here we go we're going to the AT&T phone call phone a friend zoom we're going to click through on zoom and can
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we get Ryan Peterson from flexport Brian Peterson you're [Music] here it's Jason calanis from the Allin
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podcast it's your boy jcal let's go skiing soon welcome back we're live we're live you're on the Allin podcast
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live we've got an official phone a friend moment here you uh you understand what's going on there better than
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anybody uh Ryan obviously runs flexport and he is in the business of shipping containers so Sach you want to ask him
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for some help what is the impact on global trade here from what's Happening in the Red
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Sea well it's it's massive about 30% of all ocean container traffic flows through the flows through the Suz and
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through the Red Sea most of that is going Asia to Europe so like the biggest impact here is going
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to be felt on those two areas it's going to make Chinese manufacturing that much
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more challenging you have to go around the southern tip of Africa it's adding about
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20% 20 to 25% longer journey and now in a network business a longer Journey means less capacity uh so you're talking
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about a 20 25% cut in shipping capacity on the 30% of all containers so that's containers I also understand that about
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12% of global oil goes through and about 8% of liquefied natural gas and just to
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explain what we're talking about there can we zoom in there's a very narrow straight there called the Babel mandb
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straight I hope I didn't Massacre that pronunciation so you go around the Gulf of aen through that bob L MB straight
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into the red sea and then from there you can go through the sus Canal into the Mediterranean yeah and so it's it's a
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maritime choke point by the way this is going back it always has been um you know there's there's documentation
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Caesar Augustus invaded Yemen in like 63 BC I forget 63 ad no I forgot the dates
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but it was during the reign of Caesar Augustus so it would have been right around
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the the birth of Jesus Christ and you're talking about thousands of years of this
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being a really important choke point even the Egyptians actually built a canal the ancient Egyptians had a canal
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that connected the Nile River so this has always been the place to connect East and West uh an incredibly important
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Maritime choke point and uh the Reel forces in Yemen have been firing missiles at ships um and that what that
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does is Spike the insurance cost obviously it puts uh the crew lives in danger which they can't tolerate but it
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also uh really spikes the insurance cost if you sail a ship into a region that's
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got missiles being fired the insurers just won't cover it and so you can't you can't operate a ship without insurance
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cuz if it sinks you go out you go bankrupt um and so they're just taking the long way around which as I said is a
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20% reduction in capacity what we've seen remember with covid you had all the ships off the port you guys brought me
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on to the show the last time I think was when that happened that was about a 20%
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reduction in capacity but at the same what happened during covid was there was also a 20% increase in demand so this
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time there's not an increase in demand so I don't think it's as impactful as what we saw to shipping prices during
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covid where you had like a 10x run up in price but you're already seeing prices are coming out now for January Freight
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for ocean Freight Asia to Europe you're seeing about a 3X increase in the price of ocean Freight uh versus where we were
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a month or two ago which was very very cheap a month or two ago so I wouldn't read too much into this and frankly the
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Suez Canal is too valuable in my opinion too valuable to civilization to the modern world to believe that you know
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group of rebels no matter how well-funded they may be is going to be able to disrupt that for any long period
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of time I think there's too many interests aligned here to say to keep this thing flowing well okay two points
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on that so we call them a rebel group and I guess they are it's a Shia group in Yemen that rose up in 2014 and
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deposed the Monarch there and they basically control large swwa of the country but they're not internationally
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recognized so that's why they're called Rebels but make no mistake they basically control the vast majority of
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of Yemen it's a Shia group they're you could say sponsored by Iran but I'm not sure they're controlled by Iran people
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call them proxies and that's true to some degree but they also have agency like you said uh jcal they are doing
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this they say in solidarity with the Palestinians when the invasion of Gaza first began they were firing rockets at
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Israel but they had to go all the way over Saudi Arabia they didn't make it so now they've started firing on ships that
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are going through the straight they started mining the straight and so like Ryan's saying this is basically put a
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damper on on Commerce unless you're a country that the hoodies like apparently Russia's been able to move its ships
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through still they claim they're only targeting ships that are transacting with Israel but that's not true I mean a
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lot of ships have been targeted that don't have a relationship with Israel so let's just say broadly speaking for
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Western ships they can't get through now what the US is done in response to Ryan's point if is that we've announced
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this operation Prosperity Guardian which is to restore the flow of trade through
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you know the Red Sea but the question is what that's going to involve and I think
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we are bracing now for the us to start taking military action against the houes the problem is I think Ryan when you're
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saying this is going to be resolved maybe quickly is that the US was already backing the Saudis in a war against the
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houes that started in 2015 it only got sort of resolved with a ceasefire that's still pretty fragile last year and so
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the hooes have already survived almost a decade of Western sponsored attacks on them it's not clear what we have to do
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to basically stop them from taking these actions and I think if the US starts a war basically against the houes in Yemen
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we're talking about an expansion of this conflict in the Middle East from you know beyond what's happening in Gaza to
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now another front uh that directly involves the US moreover uh this is I think very underreported but there have
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been almost 80 attacks on us bases in Syria and Iraq by Shia militias again sponsored by Iran over the last couple
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of months so this whole region is a powder keg and it's not clear to me that if the
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US attacks the hooes that this is going to lead to a quick resolution so I guess
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my question back to Ryan is let's say there is a war here let's say the hooes don't stop I don't think they will um
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and let's say the US gets in a war there but isn't really able to bring it to decisive
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conclusion um and let's say that this blockade of the Red Sea continues for all of
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2024 what does that do to Global prices because I think right now the market is pricing in rate Cuts next year on the
00:17:24
theory that inflation is coming down and is a solved problem it's the right question it'll be a big impact um and if
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you listen to like retailer earning call earnings calls they're all talking about
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hey we've had six 12 months of deflationary environment prices are coming down a lot of what they site is
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the lower ocean Freight prices and if and if that goes back and it if it goes back anywhere near I mean we're already
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seeing a 3X but even that 3x is sort of well is this going to last do I need to price it all in do I need to uh and it
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hasn't really uh taken hold of like that's not a true market Dynamic of what is the supply and what is the demand and
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Freight is very inelastic like you're going to ship the product regardless of the price of freight you know unless
00:18:04
your business model has the tiniest of margins the price of freight goes up it doesn't impact how many products you
00:18:10
ship you're going to go sell as many products as you can does it impact America as much as it impacts Europe
00:18:16
absolutely not um now this is the the fastest route for many parts of Asia to the east coast of the United States and
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especially with the Panama canals also congested at the same moment right now because of they say it's because of a
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drought but actually they built a bigger canal and it's just draining the lake faster and that's my hypothesis but I'd
00:18:36
like to look into it a little further but uh the the Panama Canal is only going at about two-thirds capacity so if
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you're going Asia to the east coast those are your options but it to go around the southern tip of Africa around
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the Cape of Good Hope to get to the East Coast it's like an 8% increase in transit time versus 20 to Europe and
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there's Alternatives so definitely impacts Europe much more it impacts China like the reason I
00:19:01
think that this there there's so many people lined up here like this is not good for China China wants to be able to
00:19:08
ship stuff quickly to Europe and get it to Market um so to the extent that they have any impact I think they're going to
00:19:13
be clearly on the same side as the United States here Europe obviously has a thing and the other thing I haven't
00:19:17
heard anyone talk about is like you look at that map they're blockading not just
00:19:20
the Suez but they're blockading Saudi Arabia the saudi's biggest Port is in Jedi right up there well I think they're
00:19:28
going to tolerate being cut off from the world taking on Saudi seems like an unwise idea well they've been at war in
00:19:34
the past as as David pointed out so um and I'm not I'm certainly no expert by the way I find this ship to be amazing
00:19:40
it's since it's since transited but this is one of the ships that was there yesterday just going for it uh and if
00:19:45
you look at the destination it says armed guard on board as they set that in the AIS G GPS transponder so that if
00:19:53
anyone comes after him you know what you're going to get I have two comments when I look looked at this in the last
00:19:59
couple of days that was sort of my takeaway which is that the the really significant impacts are Downstream to
00:20:06
Europe consumer prices so I think like European inflation has more chance of up ticking again than America
00:20:15
does because I think the Practical reality is what you said Ryan you'll just this the need to ship is in elastic
00:20:22
and so they'll just pay 8% more and they'll just go to the east coast in a more in a longer way through the Cape of
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hope or whatever the second comment I think to me is a little bit more macro in nature
00:20:35
which is if you look at what's happening now there's a hot war in Israel and Gaza
00:20:43
and theoretically now there's a hot war in Yemen I think the positive take on this is that it actually puts the Middle
00:20:51
East in a position to resolve all of these things and what I mean is the following if you're Saudi Arabia or if
00:20:58
you're the UAE or if you're Qatar what you really want to do is build for the next 30 to 40 years
00:21:04
they've said it as much they want to pull trillions of dollars of oil and that gas out of the ground they want to
00:21:10
monetize it and then they want to invest in their people the last thing they need
00:21:14
is to be bookended by two hot Wars largely propagated by a third party actor in Iran and so I think if there
00:21:21
was not resolve for them to get aligned I think that the resolve now really amps
00:21:26
up Saudi Arabia doesn't want to be in the middle of this nonsense Qatar doesn't want to be in the
00:21:32
middle of this nonsense UAE does not and then the fact that Canada America Britain France are now all of a sudden
00:21:39
pulled in and China as you said Ryan I didn't even think about the implications to China as a supplier of record for
00:21:44
most of these Goods all roads I think lead in my opinion to a coming together of folks to
00:21:52
say okay let's use this as a definitive moment to just clean the Dex here and I I think that that'll put a lot of
00:21:59
pressure on Iran a lot of pressure on the money flows I suspect that both of these two hot Wars get resolved quickly
00:22:06
because the larger multi-decade implications for the Middle East are too big to Let It Be subsumed by the houti
00:22:11
rebels or Hamas it's interesting here um how you see like Israel is a relatively
00:22:16
small economy in the world and the and and you know you start to see in the same way that Ukraine is not a big
00:22:23
economy Russia is not that big but it has a massive the war there has just a massive impact via the Commodities
00:22:28
markets because Russia is such an important supplier of Commodities and now you see what you know Israel and
00:22:34
Gaza are relatively small potentially a small regional conflict big Global implications because of everything that
00:22:40
goes behind it but now you see this spread to something that really could impact if this is an extension of that
00:22:46
conflict now you're seeing wow this actually has the ability to extend to Global markets in a way that's similar
00:22:51
to what happened in Russia and Ukraine where all of a sudden commodity markets are impacted and you're seeing that
00:22:56
inflation but I I I don't know chamant if your your view is hey we're going to have progress because progress is good
00:23:03
or something I don't know that that's necessarily the direction that the world follows like you could have sitting in
00:23:08
Dubai or Saudi or Qatar you're thinking this is the last thing we need for sure well I think that's definitely true
00:23:14
multi-decade multi-trillion dollar investment plans and we're going to let the hotti rebels derail that and
00:23:20
literally on ports like saudi's trying to build a big Port as part of the neon project there in the in the northwest of
00:23:24
the country on the Red Sea which would be cut off I mean it's not going to fly yeah look Saudi Arabia is in a really
00:23:31
tough spot here because what happened is after the houes deposed the Monarch there in 2014 Saudi Arabia started
00:23:39
fighting a war to restore the the leader in 2015 and that war went on for almost
00:23:43
a decade created a huge humanitarian crisis really underreported compared to other crises
00:23:50
there were hundreds of thousands of civilians who were killed millions of people displaced went hungry finally
00:23:55
that war again got paused by a fragile ceasefire that was negotiated I guess in the last year or so and then
00:24:04
simultaneous to that there was a reproach M between Saudi Arabia and Iran that was brokered by China and so the
00:24:12
last thing Saudi Arabia wants to do is get involved in restarting this war or restarting hostile relations with Iran I
00:24:21
mean they would like to move beyond that which is why they're not participating in this operation Prosperity Guardian
00:24:27
the problem they have is that the htis aren't going to stop doing what they're doing until Israel's war in Gaza stops
00:24:35
and Netanyahu just in the last 24 hours made it clear that Israel won't stop fighting they will not agree to another
00:24:42
ceasefire until Hamas is eliminated so chath I think you're right that if there were a ceasefire that this situation
00:24:49
would go away very very quickly and shipping normal shipping would be restored however I'm not sure you're
00:24:55
going to get the parties to agree to a SE fire anytime soon I mean the Israelis seem pretty determined not to agree to a
00:25:01
ceasefire I think the Biden Administration clearly would like that I think they would like this problem to be
00:25:06
over but with the continuation of hostilities in Gaza you continue to have the potential for the second order
00:25:13
effects these kind of knock on effects and like I mentioned one is the is the houes and other are all these American
00:25:19
bases that are under attack right now by these GM militias so I think this has the potential to be a Black Swan in 2024
00:25:26
meaning that some how the Israel Hamas War spirals into a larger Regional war that pulls the US in I'm not saying
00:25:34
that's going to happen but I think the potential is there the longer this goes on and I think that if that does happen
00:25:41
there could be the potential for an oil Shock by the way the hotis have said that if the US attacks Yemen they will
00:25:48
light the Saudi oil fields on fire now I'm not sure they have the potential to do that I mean presumably if they had
00:25:52
the potential to do it they would have done it during their long War so that probably is just you know hyperbolic
00:25:58
rhetoric but there's so many ways for this to somehow turn into a larger Middle Eastern War to your point shth I
00:26:05
think you know I've been meeting with folks in DOA and Riad and Abu Dhabi and Dubai for the last six months and I was
00:26:13
talking to people this past weekend you're absolutely right there are a group of people with an agenda uh which
00:26:19
is to modernize the economies there to move off Pro and to move into technology and to move into Hospitality with the
00:26:26
neon project uh as you're pointed out Ryan and that's not going to get derailed and those are the most powerful
00:26:32
you know deep pocketed uh influential forces there and so yeah they're working with the United States and any of these
00:26:40
Rebels Etc I think they're going to be dealt with because people want prosperity and they want to keep
00:26:46
evolving these societies and moving them and normalization normalization yeah I mean have you ever have you guys who's
00:26:54
been to Riad here I have yeah I think freeberg or sax have have you been to Riyad ever freeberg ever I mean no it's
00:27:03
beautiful and it's changing rapidly massively and and obviously Dubai's already been changing then do and I'm
00:27:12
not arguing that yeah Saudi Arabia isn't a great place and and they want to do the right thing
00:27:17
here but you're acting like the hotis can just be dealt with what what does that mean to you well I I think that the
00:27:23
larger forces are united in wanting to have prosperity for their people education for their people uh and to
00:27:30
build deep ties with the west and the East to do Commerce and so I think those forces are greater than maybe some of
00:27:37
the traditional forces that are at work and and these longer term conflicts maybe are not as important to the
00:27:44
leaders and the citizens of these countries as Prosperity is and so when I say dealt with I think they're going to
00:27:51
just focus on developing their economies over you know these skirmishes but are you saying there's going to be a
00:27:56
diplomatic solution here because I don't see it I mean here's the problem Israel's not stopping its war in Gaza
00:28:02
the htis aren't going to stop until Israel stops so how do you make him stop that's a great question I containing
00:28:09
these conflicts is probably the likely scenario when I I've asked that same question to the people who are in those
00:28:14
regions and when I spoke to them they they're all about containment they don't think there's a
00:28:20
resolution like we might think about it here in the west that you know there's not going to be a conflict between
00:28:25
Palestinians and and Israelis they just think containing it and having it not be
00:28:29
an allout war is Success what do you think is gonna happen I mean at some point us we have two sides who are
00:28:36
implacably resolved the Israelis to continuing their fight against Hamas and the htis to continuing to lash out at
00:28:45
Israel or the West in general until that stops the likely scenario is that Netanyahu is losing support that's what
00:28:52
every Israeli and every person in the region says is that Netanyahu is not going to last long term
00:28:58
so and what have you heard sex what do you think the resolution well I think it's interesting if you look at Israeli
00:29:04
domestic politics it's true that Netanyahu is unpopular but something like 90% of the Israeli public favors
00:29:12
the continuation of this war until Hamas is eliminated I mean the Israeli people
00:29:16
are really I think hardened on this question those tapes of Hamas atrocities on October 7th were compiled into a film
00:29:27
they were recorded by the Hamas Fighters own GoPros and the Israeli people have watched all of those things and they are
00:29:34
resolved to destroy Hamas now you can argue with their tactics and I'm just stating the fact okay I'm not judging it
00:29:42
and the point is just whether Netanyahu survives or not I think the Israeli public wants to eliminate Hamas so I
00:29:48
think they are resolved I think the hoodis are resolved and the hooes control this choke point so they can
00:29:54
stop or interfere with global trade and I think look there could be a ceasefire I mean I think Biden clearly would like
00:30:00
there to be a ceasefire certainly before the election and that would bring all this
00:30:05
to a rapid end but if there's not a ceasefire I don't understand how you just stop the hoodies I mean the only
00:30:11
way to stop them is if you want to go to war with them that's what we're talking
00:30:15
about so we're talking about the US using its Naval assets to go get the the regions chth mentioned could use
00:30:23
diplomacy Andor Financial measures and so those are other options that's not going to work with the hoodies well uh
00:30:29
no easy solutions here Ryan thanks for jumping on the Pod with us once again one question how how much more resilient
00:30:37
postco if at all are Supply chains because you talked about wanting to make them more resilient and that was a major
00:30:43
Focus for flexport H is it better now postco have we done any I think at the physical infrastructure layer nothing's
00:30:49
really changed uh I don't think you know the the bottlenecks have gone away just
00:30:53
because demand went back down us had like a 20% increase in container volume it created all these bottlenecks we
00:30:59
couldn't process that many containers in our ports uh and then the containers now
00:31:03
are back at 2019 levels and everything's flowing normally but I wouldn't say that
00:31:06
makes us more resilient it's the same as before um and situations like this you learn just how amazing and resilient the
00:31:14
global trading network is the global logistics infrastructure but also it's pretty fragile if a small group of
00:31:20
rebels can fire missiles and you go well even the US Navy what are we going to do
00:31:24
I mean it's kind of an asymmetric Warfare type thing they they shoot they shoot a $20,000
00:31:29
drone and we we need a $2 million missile to shoot it down like it's not a it's not a great setup uh and it's not
00:31:35
clear that firing missiles back is going to open it back up um and so yeah I think I think it's much more fragile
00:31:41
than we realize as civilization always has been you know it takes takes a hundred years to develop a civilization
00:31:47
and and an afternoon to go back to barbarisms and uh Air Freight you had talked about previously that's still
00:31:53
four or five times more expensive than SE Freight is that about right that multiple uh in general that's a yeah
00:31:59
reasonable assumption is about four five times more the airf freight networks are
00:32:03
very small in proportion to give you a sense like one of these container ships that flows through that ever given is
00:32:08
the world's most famous containership that got stuck in the soos canal a few years ago that one holds about 10,000 40
00:32:13
foot containers uh 747 which is basically the biggest cargo plane out there can hold 7 40 foot containers uh
00:32:21
and so if you have a diversion of global ocean Freight will rapidly flow over to
00:32:26
it doesn't take a lot of freight going hey I'm going to ship this by Air instead to suddenly have the air freight
00:32:30
markets get impacted so um it hasn't yet the air the airlines are a little bit less connected to this market and
00:32:38
haven't instantly said hey we're raising prices in January but I suspect if this
00:32:41
lasts another week or two you're going to see big run-ups in Air Freight prices and these are Global markets the price
00:32:47
of freight from Asia to the US gets impacted because they're pulling ships off the supply gets redirected the
00:32:52
planes get rerouted um it is a global market so an impact here will affect price prices of shipping Asia to us as
00:32:58
well thanks so much for coming back on the program Ryan Peterson great to have you here and oh congratulations on being
00:33:05
CEO of the company you found at flexport again we didn't get a chance to talk about all the craziness with the CEO and
00:33:11
turnover but you're back you're back in the home and running back it's amazing it's amazing having the time of my life
00:33:16
back here and uh work at the flexport office every day all right we'll see you soon and thanks for coming on uh as
00:33:22
Sax's Lifeline well done all right guys take care Ryan did bring up really interesting point there that you don't
00:33:28
hear enough which was the asymmetry of the Warfare that the hoodies can launch a drone or a cheap missile that costs
00:33:35
thousands of dollars and it costs us millions of dollars to shoot it down yep that is just not sustainable for the us
00:33:42
we see this happening in Ukraine as well all these you know multi-million dollar
00:33:46
expensive tanks get taken out by a land mine or by a cheap you know RPG or something like that that cost a few
00:33:54
thousand dollars it's also the fact that if you send a drone and it blows up on a
00:33:59
ship and it cost you a couple thousand bucks to do that the lack of risk tolerance the fact that the insurance
00:34:06
companies won't insure the ship anymore means that now that ship can't travel and that's tens of millions of dollars
00:34:12
of you know Commerce that get shut down off of a few thousand investment so there's there's a deep asymmetry in the
00:34:18
sensitivity we also have to loss we you know we won't take hey well maybe one in
00:34:23
10 ships can blow up let's keep going it's the fact that there's no margin for loss there's no allowance for loss as a
00:34:30
result any sort of threat of loss means that the whole system shuts down I'm not
00:34:34
advocating that we should but it's just the condition we're in I also think the other point I didn't make I would
00:34:38
imagine that this Behavior with the houthis is driven in part by the embolden that arises following October
00:34:46
7th and the the praise um that Hamas has received globally and if you believe that to be true there are many other
00:34:55
groups uh like this that may get emboldened and you start to see more activity in other regions as well that
00:35:02
you can have these kind of outsized impacts and uh folks suddenly you know start to take action but I think that's
00:35:09
why we're between a rock and a hard place here is that on the one hand if we don't do anything then you're
00:35:15
emboldening that behavior and if you do do something you're escalating the war yeah and to your point you know saying
00:35:21
like hey the us is going to enter the war I I think that there may be this moment where it's not even an option
00:35:26
that the US is being provoked in a way that you can't say no you have to you know maybe they end up having to act the
00:35:32
Guerilla Warfare aspect of this is super fascinating because you can really do incredible damage to very expensive
00:35:39
airplanes with hypersonic missiles that go incredibly fast or like mach five or something insane and they're cheap so
00:35:45
a100 million or $20 million fighterjet can just be annihilated by a couple of hundred
00:35:51
thousand in you know Hypersonic missiles all right there's been a ton of m&a activity and m&a deals that have been
00:36:00
cancelled Adobe figma has been called off and alumina and growl has been Unwound as well the big headline is that
00:36:10
after a 15-month review process adobi and figma called off their merger we talked about it here multiple times it
00:36:16
was a$ 20 billion cash and stock merger that was agreed to back in September of 2022 um and there's tons to unpack here
00:36:25
shareholders employes the startup uh ecosystem and of course uh limited partners who were expecting
00:36:33
huge paydays from figma being sold uh to Adobe are now back to a waiting game of
00:36:40
figuring out if this company can go public Etc chamath you had tons of thoughts on this and maybe you could
00:36:46
educate everybody on the alumina growl deal since I don't think people understand that I think there are three
00:36:53
Deals or almost deals that got essentially called off or cancelled or never consummated in the last few weeks
00:37:03
which show a pretty interesting Trend so the first as you said Jason was Adobe figma the second was siga and
00:37:11
human they were proposing a multi- decillion dollar merger and it was very clear that the FDC was going to have a
00:37:20
huge fit around it so they said that we're not even going to do it and then Signa just said they'll do a$1 billion
00:37:26
buyback instead and then in the craziest example alumina and Grail so alumina makes these Gene sequencing machines and
00:37:34
Grail makes one of the leading tests for free DNA cancer detection and at the time alumina owned
00:37:44
almost half the company they bought the other half they merged it in even though
00:37:48
the Regulators said hey hold on we have an issue with this and now they're being
00:37:52
forced to unwind the merger so to to pull this company back out out and divested I think the point of this is
00:38:01
two things one is that there is no viable m&a path for early stage Venture Capital businesses so if you can't have
00:38:11
a$ 20 billion merger or a $40 billion merger or a 15 or 20 billion m&a with a high degree of confidence then the path
00:38:19
to liquidity through m&a is less than 20% of the outcomes which means that the overwhelming path to get liquid is what
00:38:26
you said Jason which is IPO but the problem is the second part which is that the capital markets in the United States
00:38:32
are not ready or not in a position to support all this IPO liquidity why the banks won't
00:38:39
underwrite there aren't enough researchers research analysts that'll cover these
00:38:45
stocks the ways in which the banks make money have become so constrained and so I'm kind of left pondering to myself how
00:38:52
do you go back to a world of like the 9s where startups four and 5 years old would go public to raise Capital um I
00:39:01
don't think that that's going to happen so I don't know exactly what happens to us except that we'll have companies just
00:39:06
shading for 15 and 20 years and I think that just has a chilling effect because it's like what investor wants to put
00:39:12
money away locked up in highly liquid stuff for 20 years what rate of return do you need to give them that makes them
00:39:18
want to do that so something has to change because if the m&a market can't exist then we need to change the rules
00:39:24
of the Capital Market so that there's incentives for these Banks to underwrite these companies to go public well I
00:39:29
guess there's two things saxs that could change this dramatically one is if we put in more um Conservative Republican
00:39:37
libertarian Etc uh less regulatory regime in Washington that could open up m&a you know as soon as 2025 perhaps uh
00:39:46
and then the second is direct listings um D I say spaxs and alternative ways to get companies public it may not be um
00:39:56
the gold standard as a traditional IPO but at least it we get those liquidity started and I guess third sax and I'll
00:40:04
get your your thoughts on this for private investors and their LPS everybody seems to be focused on
00:40:10
building strong stable cash flowing businesses and we've seen all the companies that went public whether it's
00:40:16
Airbnb or Uber are now focused on ringing the cash register and being profitable so ultimately maybe this Log
00:40:23
Jam and m&a blockage makes everybody focused on sustainable profitable companies and that's a good thing long
00:40:28
term what do you think sex look like I said last week in relation to the figma Adobe deal the fact that Regulators took
00:40:34
15 months to analyze the deal only to come to the conclusion that they basically weren't going to allow it and
00:40:40
then Adobe finally killed it is going to have a chilling effect on m&a and Silicon Valley I mean if acquirers and
00:40:46
targets can't have confidence that the deal will be approved and in fact they're going to be left in limbo for
00:40:51
over a year waiting for speculative approval they're going to be less likely to do deals in the first place and I'm
00:40:57
sure adobe's not happy about the fact they got to pay a billion dollar breakup fee which by the way was a really smart
00:41:02
thing for figment to negotiate I mean if you're if you're a company the startup that's going to get acquired you need a
00:41:07
pretty big breakup fee now as insurance on the deal because there's a very good chance that Regulators aren't going to
00:41:13
allow it so yeah absolutely the fact that Regulators got in the way of the Adobe deal and moreover the way that
00:41:20
they did it with this protracted delay is absolutely going to have a chilling effect on m&a in Silicon Valley and look
00:41:26
there are only two good outcomes for a startup you can either IPO or you can get acquired that's it the third is
00:41:34
basically you go out of business that's the third outcome so when you take half the potential exits off the table you're
00:41:41
absolutely making it tougher for VCS and Founders to get a good return it's that
00:41:46
simple and that is going to have a depressing effect on you know the investing of risk capital in Silicon
00:41:52
Valley I don't think it's a good thing for anyone and by the way even if the US sort of fixes this even if we get a
00:41:58
regime that's more friendly towards m&a you still have the EU to worry about and
00:42:03
you also have the UK to worry about because they're not part of the EU thinks to brexit the UK like I said last
00:42:09
week they're like the Chihuahua who's leading the pack they're the smallest Market but they're the most aggressive
00:42:14
on antitrust enforcement tax they may just be the beard for the US and the Europeans it's possible but in any event
00:42:20
now you got three Regulators to worry about not just one and you know like I said last week I think if you're a St up
00:42:26
and you're trying to consider where to put your Europe office I would not choose the UK anymore I used to think
00:42:32
that the UK was number one because it was so easy but you don't want to create that Nexus if you can help it it might
00:42:38
subject you to a competition Authority you don't want to deal with later when you get acquired yeah I would have just
00:42:43
opted out of the UK I would have called their Bluff as I said last week freeberg
00:42:47
any solutions here you think to solving this problem in VC land or do we just have to build stronger more profitable
00:42:53
companies and be more patient about taking them public since m&a is not on the table I don't know if I'd take the
00:42:59
anti-rust regime as being the core driver of m&a not being on the table I mean there there's a couple of these
00:43:05
examples but I don't think there's a predominance of this going on I think that there's a lot
00:43:12
of smaller deals that still end up being good outcomes I mean we've we've also talked a lot about the lower cost of
00:43:18
capital in starting software businesses and the era of AI type tools and that leads to you know being
00:43:26
able to hit 100x if you put you know small enough amount of capital in and have a decent outcome where you're not
00:43:34
building the market Monopoly in some particular Market it doesn't feel to me like that's the biggest driver of
00:43:42
concern here the biggest driver of concern is just all the return on Capital metrics that the big buyers are
00:43:48
having to face you know return on invested capital is becoming more important than it's ever been because
00:43:53
we're talking about trillion dollar market cap buyers and so that's how they're measured and so they have to be
00:43:58
really thoughtful about how they're deploying capital in a high interest rate environment that's there's a
00:44:02
greater sensitivity to a faster path to cash returns than there has been historically
00:44:09
so it feels to me like that's and I would imagine if I'm Adobe and I'm looking at this figma deal do I keep
00:44:13
fighting it or at this point paying a billion dollars is probably net accretive to them I think the stock
00:44:18
price went up when they called the deal off which highlights that it was probably a better investment for them to
00:44:23
say I'm going to pay a billion dollars to actually get out of this deal at this point and I think we see more of that
00:44:28
happening which is this rationalization of you know timelines to roic and a high
00:44:33
interest rate environment Cham deals do get done there's a lot more tolerance for smaller deals obviously yeah I mean
00:44:38
Salesforce was able to acquire slack that was 2020 Amazon was able to acquire Whole Foods Walt Disney 21st Century Fox
00:44:46
with the X-Men so those are a different era I I I really think are all 2016 to 2020 you're right those are all those
00:44:52
are very different era I don't think that that's what you can expect anymore I don't think you can underwrite to get
00:44:57
a billion deal done in any industry yeah remember met Facebook buying what's up for what was it 17 billion I mean that
00:45:06
was one of the biggest Venture returns ever yeah today that could never happen today that could never happen that figma
00:45:12
adobe deal it was a 20 billion deal but with the rise in Adobe stock it's really
00:45:19
a 30 billion dollar deal if it would have been consummated because half the consideration was an adobe stock and
00:45:24
that has basically doubled so all of those investors and employees were looking at a $30 billion exit and look
00:45:31
figma's going to do great I think the numbers that came out about figma where they're going to do about 700 million of
00:45:37
ARR growing 40% so I don't know they'll be able to IPO anytime based on that but what's the
00:45:45
multiple they're going to get probably 12 to 15 times so 8 to 10 maybe it's like A10 billion do company in the
00:45:52
public markets I mean growing nicely but it's just not as good an exit I mean it's a big big haircut the positive to
00:45:59
this is consumers or retail investors haven't been able to buy IPOs and get in on companies earlier so if people build
00:46:06
stronger companies that aren't that are more Capital efficient then companies can go public earlier as you alluded to
00:46:12
chth where Microsoft Apple a lot of these companies back in the PC era they used to go public in under a decade and
00:46:18
now it's always over a decade so maybe this will make stronger companies that go public and then if there's a regime
00:46:23
change and maybe people feel more they still have to get through Europe but you know biotech is the only Market
00:46:29
that's always viewed going public as a transitory Capital raising moment right every biotech company that goes public
00:46:37
in America at least are startups they're pure startups it's pure risk Capital but the the technology side has
00:46:47
viewed it very differently it used to be the same right but and then it went to like Oh we must be mature and then it
00:46:55
has to be growing really fast and it has to be profitable there were so many ANS
00:46:58
ands ANS that the that at the end of all of that there were just very few companies that qualified and then by the
00:47:04
time they did go public they're 12 13 14 15 years in they're so long in the tooth
00:47:08
that their best growth periods are Beyond them now a couple of companies have bucked that Trend but by and large
00:47:14
that's that's the case and I don't think that's to to support what David what sack said it's that's just
00:47:20
unsustainable you cannot you will not have risk Capital flow into the United States if if this is going to
00:47:28
continue yeah this is going to be super challenging for Founders you got to build companies that are sustainable and
00:47:34
can go public because that's really the only path right now and it's exacerbated
00:47:38
by what freedberg said which is then that that family office or that endowment who can rip in a check as an
00:47:43
LP to a fund can still get five six s% can get corporate bond at corporate yields at like 8 9
00:47:52
10% why take on 15year illiquidity for often times funds that return less than the
00:48:01
S&P which is the Dirty Little Secret of Silicon Valley it makes no sense it is going to be a challenged environment for
00:48:09
some time to come I think as we work this out I mean the thing that I find super interesting with the spaxs was
00:48:15
like you got to invest in some companies that were very early and speculative like Joby now how could a consumer ever
00:48:22
make that kind of bet your mouth to bet on and that wasn't one of yours I know but it it was one of these like
00:48:27
incredible moments where you could bet on flying cars literally as a consumer and I think they're actually going to
00:48:32
figure it out I was tempted to buy it and I've been tracking the stock and I'm like wow if they actually make air taxes
00:48:39
work and it's kind of cool that the public can participate in that and that's what they were saying when there
00:48:43
weren't enough IPOs and we had half the number of public companies so I don't know if you have thoughts on
00:48:49
it the number of public companies I think has haved in the last 20 years so are more public companies better than
00:48:59
less I don't know I think that's kind of like a random statement I think what is
00:49:03
true is that the public markets used to be used for raising risk Capital but the
00:49:10
public markets at the time also had a ton of research analysts there would be a lot more coverage of these companies
00:49:17
there would be a lot more visibility a lot more checks and balances because people would be meeting with Management
00:49:22
on a regular basis writing thoughtful research reports all of that is constrained as the as the
00:49:28
business of being on Wall Street has changed so it's not enough to just all of a sudden have a bunch of companies go
00:49:34
public if all of that supporting infrastructure isn't there so this is what I mean by it's a catch22 on the one
00:49:40
hand there's not there's there's no m&a so you need to have more IPOs but the banks will need to hire more
00:49:47
people that comes at a cost which means that they're going to have to generate more Revenue somehow that comes at a
00:49:53
cost to somebody else and until that's figured out you're not going to solve this problem and instead what's going to
00:50:00
happen is folks will be less motivated to invest in The Innovation economy because there'll be no path to liquidity
00:50:08
and when you do invest you'll invest much smaller amounts of money and you'll make it as part of your risk allocation
00:50:14
a smaller piece of the overall pie what it also means is that if you're an entrepreneur and you haven't started a
00:50:22
company yet you may want to seriously consider raising a friends and family round using these AI tools and trying to
00:50:31
build a very different kind of business slow and steady profitable from day one and that's never been rewarded by
00:50:39
Silicon Valley VCS but if the reward for VCS don't exist then the VCS themselves
00:50:44
won't exist and so you may want to start thinking about different ways to capitalize your
00:50:50
business and it's interesting point you make that is very subtle so I just want to restate it here
00:50:56
the analysts who are covering companies like say Joby I'm just picking this air taxi company because I'm obsessed with
00:51:02
it if there's not an infrastructure those analysts act in a way as a back stop or a bit of pressure on management
00:51:11
I think is what you're saying to hey perform and we're checking on you and we're meeting with you so without that
00:51:17
there's just a company sitting out there and nobody is asking them hard questions
00:51:21
and then making decisions to put a buy or a sell rating on it is that correct maybe you could B on that missing piece
00:51:27
there was an evolution in the public market so look the public markets back in the90s was a bit of a rigged game
00:51:33
where you could call a CEO if you had his or her number and they could tell you things that they didn't tell
00:51:40
everybody else and when you look at the folks in their 60s and 70s and 80s who really tund it I'm sorry folks but they
00:51:48
profited massively from that information Arbitrage and that changed when there was a regulation called reg FD that got
00:51:56
passed In America which said regulation full disclosure what you tell one you have to tell everybody right and that
00:52:02
was an attempt by the SEC to level the playing field it was a very smart piece of legislation but what that did was it
00:52:09
constrained the touch points that a company would have with the public markets to a few organized
00:52:15
events right analyst conferences research days actually banks are allowed to organize formal company
00:52:23
dinners and you'll get all these people together analysts across the entire Spectrum from Fidelity to Goldman Sachs
00:52:30
to Morgan Stanley and the company has to perform to them and those folks will write both internal and external reports
00:52:36
that say buy neutral or sell right that became the only check in Balance to make
00:52:42
sure that management was held accountable to the large swwa of public shareholders because otherwise it's not
00:52:48
Jason you as a shareholder of Joby quite honestly have any say right you you exert your pressure through through the
00:52:55
analyst who then represents the ability to influence your buying and selling decision but if those
00:53:01
analysts don't even exist there is no feedback loop between management and the people that own the stock and that's the
00:53:08
problem we have today there's not enough research coverage there's not enough analysts there's no organized way to
00:53:14
keep companies held accountable and so if you have a bunch more companies that go public without that infrastructure
00:53:20
it's very difficult seems like there's an opportunity somewhere in there you know the big opportunity that that I
00:53:26
that I think should happen is that a bunch of these Banks should actually use these AI tools Jason to be crawling all
00:53:32
these 8ks and 10ks and all these filings and generate statistical measurements of all of these public
00:53:40
companies that they make free and available to everybody these things should be a bunch of dashboards and
00:53:45
charts that are just out there for anybody to subscribe to so that you can just do the initial work of having to
00:53:54
parse through all of these filings have it done by an AI by an agent from a bank who can train it
00:54:01
properly I think that would be an immense value to all shareholders and I don't think it costs that much money and
00:54:07
I think it would be Goodwill Robin Hood could do this it would be great Goodwill
00:54:11
to build a lot of trust and and credibility with investors so now that you're CEO of a company how do you look
00:54:18
longterm at potential exits going public what what is the the thoughts you have on this as you architect the company
00:54:25
freedberg as the CEO do not care about exits don't care about expand on that yeah explain I just want to build a
00:54:32
great business that makes great products for our customers that's it so if you do
00:54:36
that all these discussions around you know giving shareholders liquidity I'm the I'm the main shareholder so I don't
00:54:44
need liquidity I just want to build the business so you think about profitability then because if you have
00:54:51
to fund it or funding might be harder to come by how do you think about funding over the next decade this Vision you
00:54:58
have it freaks me out you got to keep businesses capitalized so there's definitely across businesses
00:55:09
I'm on the board of or involved in universally a bias towards profitability I've seen a couple of
00:55:17
decisions we've made at some companies to shift from making longer time Investments that may not pay
00:55:27
off for many years where you had the luxury of doing that in a Zer environment and you could always get
00:55:32
Capital to fund anything that's multiple years away from realizing any sort of return to shifting towards a bias
00:55:39
towards making things that can generate real revenue and real profitability in the near term keeping costs low and
00:55:46
building from there so it it's definitely I'd say been a flip-flop in the environment it's why the biotech
00:55:50
landscape has largely kind of dried up the funding landscape has dried up sign significantly because most of the
00:55:57
investment opportunities are those multi-year out before you know if you have a return on your investment kind of
00:56:01
investment cycles and so the ones that do get funded are those that have a nearer path
00:56:06
to profitability and where you can build some sort of cash generative service in
00:56:11
the near term on the path to building a bigger product down the road so as you're strategizing you're thinking how
00:56:17
can we get to cash flow positive Break Even whatever quicker you're not strategizing how do I get a huge
00:56:23
multiple and get some dumb tiger money whatever no no dick to Tiger but they paid the highest prices at the end of
00:56:29
the cycle I've got enough wisdom at this point to tell you that if you don't have
00:56:32
to raise Venture Capital you're better off so yeah shath you also became a CEO you have the I think it's hustle is your
00:56:38
company and that's profitable and you're running it I I'm assuming for growth but
00:56:44
maybe profit first then growth how how do you think about those two dials how much growth how much profits we have the
00:56:51
same belief that freeberg has which is our job is just to make really great products for for our
00:56:55
customers when I took over the business we had to go through a difficult layoff and a rebasing of the business but it's
00:57:03
it's a business that's growing kind of 45% a year and it's profitable and and what I talked to the team is that you
00:57:11
know we will reinvest our profits and so we have an ambitious plan and as long as
00:57:16
we meet that we'll take some percentage of that profit and reinvest it but I like freeberg also have no plans for
00:57:23
liquidity I just want to build this thing to be as big as possible and I don't want one single shred of pressure
00:57:32
that isn't defined by our customers and so by being profitable we have complete control of the cap table we can do
00:57:37
whatever we want and the people that benefit frankly are the employees because they can get paid and our
00:57:43
ability to hire people without being subject to like pressure to raise a new round and set a new random valuation so
00:57:49
no unnatural acts just customer profits and so by the way if I can grow for 10 years years if we can grow for 10 years
00:57:55
at 40% a year this will be a ginormous business so trying to 3x and do it on naturally yeah Jason just just to chim
00:58:03
back on the the question you asked a couple minutes ago I number one if you can avoid raising Capital you're better
00:58:08
off because then you don't have any shareholder pressure to get liquid and that can create contortions in what you
00:58:17
do and how you operate the business and second is if you're going to raise Capital if you set too high value if
00:58:25
that becomes the bogey you set yourself up for challenges because now you've got
00:58:28
to have a multiple on that valuation to satisfy investor return hurdles and the higher the the valuation the and you
00:58:37
apply a multiple to that the higher the exit has to be and suddenly all the options start to fade away you can no
00:58:42
longer have a modest exit that can do really well for employees and the founders and early investors and it
00:58:49
becomes a necessity that you have a massive outcome and by the way we see this now in this post Zer environment
00:58:56
that a lot of businesses that raised a lot of capital at a very high valuation and then you have this multiple
00:59:01
compression that's just happened in the last two years their valuation effectively if they were to go public
00:59:06
today or get sold is less than the capital they've raised and that's the most extreme scenario where you know
00:59:11
suddenly all the common shareholders get wiped out in terms of their return it's
00:59:15
such a great Point like the thing that people used to say was oh it's a tech company so we need to give it a premium
00:59:21
the problem is now everything's a tech company to say you're a tech company is a meaningless statement that means
00:59:26
nothing you're a company so that you're a company so then there's no premium for
00:59:30
being a company no there a premium for profits well there's a premium based on quality of Revenue which has to do with
00:59:37
gross margins I mean obviously ecomics and un economics obviously a company that has 80% gross margins is different
00:59:44
than a company has 20% gross margins not if it's unprofitable no no I I totally get that I'm just saying that you can
00:59:50
normalize based on gross margin as opposed to the type type of company it is sometimes we'll see a company that
00:59:57
markets itself as a tech company and only has 20% gross margins that's an indication that something is wrong
01:00:02
usually or it's not truly a software company it's just a company that's just a company yeah I think that's the way to
01:00:07
look at it high gross margin versus lower gross margin margin just to go back and answer your question jcal about
01:00:13
how do you decide how much money to put into growth versus being profitable I think the right answer to that is not to
01:00:20
say there's some absolute amount of money you should burn given your round it's to look at growth on an Roi basis
01:00:26
or Union economics basis what is the return on the growth dollars you're spending and probably the best way to do
01:00:32
that is to look at the payback on customer acquisition how long does it take you to payback your customer
01:00:39
acquisition costs and I think a lot of people don't do that analysis correctly because they just look at the revenue
01:00:45
they make from that customer but you actually have to look at the marginal profit so this is how the gross margin
01:00:50
ties in Easy example is something like Spotify Spotify it cost $100 a year and they were to acquire somebody for $100 a
01:00:56
year hey they get to year two it looks like you made $100 except Spotify has to pay a massive amount to the record label
01:01:02
so their margin isn't as high as maybe a SAS company and that's where the devil's
01:01:06
in the details yes and overhead and overhead you got to look at churn as well so if that customer only lasts two
01:01:13
years and half the margin goes to the record companies well you can't count 100% of Revenue now you're looking at I
01:01:21
don't know what's that's like you're dividing by two twice so it's effectively you know a quarter 50 bucks
01:01:27
of the 200 let's say what are you seeing in your in the companies you're funding
01:01:31
you're seeing profitable companies or Revenue generating companies what like are you telling folks you got to grow
01:01:36
and raise a big series a or are you telling folks hey take your time and yeah great question we invested in 100
01:01:42
companies this year it's more than I've ever done that's the same amount I did in first seven years of my career and
01:01:47
100% of the time they are not expecting to raise like some giant seed or series a they're raising just the amount of
01:01:54
money they need need and they're keeping their expenses absurdly low the biggest
01:01:59
Trend I'm seeing is outsourcing of talent and so Americans and I'm not going to make this like a huge
01:02:05
anti-American thing but the level of entitlement and the effort Americans are putting into jobs expecting 150k let's
01:02:12
say and then offshoring a developer Latin America Portugal keeps coming up Canada they're all looking for what's
01:02:20
the most efficient way for me to build a 10 person team and then I'll see a burn
01:02:23
rate of 30 ,000 with 10 people I'm like how's that possible like oh our developers cost 22,000 our you know sdrs
01:02:29
are 10 I'm like how is that possible oh we have two people in Manila Etc long way of saying efficiency efficiency
01:02:34
efficiency we have to get to break even with the money we just got we're not expecting a second round of funding and
01:02:39
a lot of them are raising but 500k to 1.5 million and if this was 2020 it would be 3 to 10 we talk about like AI
01:02:49
is like a big disruptor to like the big companies and this and that but AI may be the biggest disruptor to VC in the
01:02:54
end explain what you mean I know what you mean but I want the audience to understand let's just say you raise a $2
01:02:58
million seed round in in the past what you would do to your point Jason is you would
01:03:03
hire seven people at $200,000 each right so now you have a $1.4 million burn so you basically have and let's just say
01:03:13
you co-work someplace you have a year and a half and so you're pedal to the metal right you're basically trying to
01:03:20
throw as much spaghetti against the wall as possible see what buy as many ads do whatever it takes the
01:03:27
money basically goes to AWS and Facebook and a couple of other companies to Google and then you hope that there's
01:03:34
enough traction where somebody then writes you a 10 or 15 million series a check now if you take that same $2
01:03:41
million you could have a threers team four-person team half of them offshore where they also use things like
01:03:50
co-pilot which is like a 2 to 3x lever now all of a sudden they have the same 10 person team and it costs
01:03:58
$40,000 exactly and so now all of a sudden they have four years so why wouldn't they do that where
01:04:05
they would still own 80% of that company and all of a sudden there is a potential
01:04:10
to exited for 50 million or 100 million and they've made more money than in a traditional outcome if you sold it for
01:04:16
two billion precisely the case this is literally what Founders are modeling right now they previously wanted to beat
01:04:23
the record of the person in their cohort Who had who raised the most money at the highest
01:04:27
valuation now they're just like how do I get to profitability and and how do I own as much of my companies possible so
01:04:33
Sachs you've got under over a billion dollars under management you've been one of the most successful new Venture firms
01:04:39
in Silicon Valley in the last decade you got a lot of cash you could deploy and how do you deploy it intelligently
01:04:45
intelligently given the circumstance of people maybe raising less or being more efficient and what do you think of the
01:04:52
ai's impact on Venture well the most important thing is to have opportunities to invest in and
01:04:59
the fact is that before this AI wave the whole Cloud Social Mobile wave had kind
01:05:05
of petered out I mean the pond of opportunities had kind of been fished out and AI is great because it restocks
01:05:13
the pond I mean there is a lot of new ways for Founders to use these advancements to solve problems that they
01:05:21
weren't addressing before so I think you guys are being a little too gloomy I mean I think that the impact on Capital
01:05:28
efficiency will take some time to play out but I think that for the first time in a number of years it feels
01:05:35
everything's feeling fresh again and there's just I think a lot more opportunities for Founders to go after
01:05:40
now it's the begin it's like this at the beginning of any big new tech wave right
01:05:45
is this is a new platform opportunity same thing was true with the App Store when the iPhone launched same thing was
01:05:51
true when the internet launched now I understand a lot these opportunities are going to be taken by big companies that
01:05:56
already exist but there's always going to be an opportunity for Founders when you have a big disruption David I agree
01:06:02
with you my comment is less about the the pond I agree with you that the pond is getting restocked my comment is that
01:06:09
the economic impact of AI is so massively deflationary it may be an order or two orders of magnitude more
01:06:18
deflationary than AWS was and that was massively accretive to the startup economy so if this is a a 10 Xing or 100
01:06:27
Xing of that economic impact my only point is that the break even threshold for a Founder will have gone way down
01:06:35
and then as a result it's only a matter of time until they can put two and two together in a Excel spreadsheet to
01:06:41
figure out that owning 50% of aund million company is greater than owning 18% of you know some other company when
01:06:50
you're massively diluted or 8% or whatever it's just like that's all I'm saying is is like the the effective
01:06:55
Break Even goes way down in a world where Ai proliferates and I think that's positive
01:07:01
what do you think yeah sex it's just positive for Founders if you look at what Founders do with the money when we
01:07:08
invest in a series A or B the number one thing is go to market right so they want
01:07:12
to basically triple their sales let's say they want to grow from 5 million of AR to 15 million of AR they have to
01:07:18
staff up the quota capacity to hit that number and you know for every AE you're going to need some number of FDR some
01:07:26
sort of management you're going to need some sort of operations overhead so you've got to hire all of that and then
01:07:33
there they want there to be a cushion in case they miss their numbers right because there's no guarantee you're
01:07:37
going to hit that so you know Founders still need to raise the money to staff up to go after that opportunity now does
01:07:44
sales become more efficient over time because of AI or does lead genen yeah I think that's possible but in order for
01:07:52
that to happen you're going to need to see a rise in Quota capacity right I mean that's what we're talking about is
01:07:57
that that same AE can now hit you know a greater level of sales because they have
01:08:03
better tooling we're just not there yet maybe that happens over time but I think
01:08:08
you know your typal inevitable maybe it's inevitable but I just think your typical SAS start right now is spending
01:08:14
the money on more prosaic things I mean yeah yeah no I think you're right I all all I'm saying is I think what it means
01:08:19
is that the $200 million fund today becomes 50 the $500 million fund needs to be 100 and the billion doll fund
01:08:28
needs to be 200 it's basically Back to the Future it's like back to the 1990 style 2012 by the way I'll I'll show you
01:08:35
a table here Nick I need you to blur out the names okay I just think it's super interesting I watched freedberg through
01:08:41
this but this was like a list of all these funds that I've invested in these are Venture funds you've invested in
01:08:46
these are all the Venture funds I've invested it if you look at this what do you notice about like the mega funds
01:08:52
that just clock out DPI look this is a100 million fund right look at look at clocked it this was a $220 million
01:09:03
fund my point in all of this is like if I look at my returns as an LP I've never had success when I've
01:09:10
invested in big funds I've only had success in small funds it's true that smaller funds do perform better and
01:09:16
larger funds become more of an index and achieve more average returns when you got a multi-billion dollar fund it's way
01:09:22
harder to achieve a you know outsize return so yeah I agree with you I think this Dynamic would be healthy I mean our
01:09:29
funds actually are not that big in the grand scheme of things it's definitely the game is changing dynamically and
01:09:34
this podcast is going to be great in 2024 because we went from four Capital allocators to two Capital allocators
01:09:38
myself and Sachs to two in the arena CEOs so we're going to be having this discussion I think in a very granular
01:09:45
way now that we got two players on the field sacks that we can watch what they're doing well I've got a new
01:09:50
incubation that's going to be launching soon ooh but I'm not going to be CEO of it but
01:09:56
you know I'm kind of executive chairman oh oh yeah SAS company what kind of company
01:10:03
is SAS it's it's basically Yammer you have attention 2.0 yeah I thought that was
01:10:11
slack so this 3.0 yeah yeah Yammer 3.0 okay let's go let's get a we'll get a little uh
01:10:19
yeah we I think we had a push on call-in so now we need to get our 50x on uh yeah
01:10:24
3.0 give us a little tasty poo for your best you're right we sold Colin so now you know we've cleared the decks and um
01:10:31
I can't work on multiple incubations I can only work on one at a time can you have your person that runs that sasd
01:10:37
thing email me because I want to onboard my company into sasd so I it's so good well by the way that was the last one so
01:10:43
I've done I guess three of these now there's Colin sasd so sasd is now spun out completely of craft and the the
01:10:52
founder of sasd was our VP of analytics at craft and now he's going full-time to
01:10:58
SAS grid so I think be very successful great but can I get on board it and can I get a family discount let's explain
01:11:05
this concept to the audience since it's Unique in the world and we should maybe double click on the economics not on a
01:11:12
specific company saxs but just generally of why VCS are doing this you're incubating a company you're a former
01:11:18
founder you have that itch you have ideas so instead of investing in a company you say hey let's all get to the
01:11:23
office I have an idea let's make this ourselves as craft and then we'll put some of Craft's LP's money into it and
01:11:31
then there's some slug of capital saved for the new team that comes so how does the economics on something like this
01:11:38
work and why do LPS love it or do they love it and then why is it good for your internal team or for you to incubate a
01:11:45
company as opposed to just find them set up craft we actually wrote into our LPA that we had the ability to
01:11:52
incubate companies and we had a pre-arranged economic deal with our LPS on those incubations cuz I didn't want
01:11:57
it to come up later and then there's some conflict of interest between the management company and the lp so it's a
01:12:04
predetermined deal and we don't do a lot of these like I said I guess there's been three there's been SAS grid Callin
01:12:10
and out this Yammer 3.0 we're talking about but really I got to give the credit for SAS grid to our vpm analytics
01:12:17
who really I think pushed this idea and it started with a simple way for us to analyze deals and dashboard deals it
01:12:23
started as a spreadsheet that we would give Founders that would crank out their charts and then we turned it into a
01:12:29
website that was free and then you needed as an investor right you needed as an inv an investor and then what
01:12:36
happened is that we saw Founders started using SAS grid as their dashboard to manage their companies
01:12:44
between funding rounds and we're like oh okay that's a big aha moment so basically there was no dedicated
01:12:50
verticalized business intelligence tool or dashboarding tool just for SAS companies and the advantages of
01:13:01
verticalization boo out of the box and the all the formul is going to be calculated exactly the right way is
01:13:07
going to be less room for error they don't have to reinvent the wheel use or looker or whatever you're Reinventing
01:13:13
the wheel you're writing all the formulas yourself it doesn't make sense back to the deal yeah you prid the deal
01:13:19
so LPS wouldn't be surprised that's awesome so the management there's a determined valuation I guess at that
01:13:24
seed stage a certain amount of money goes in and your holding company gets some equity which is like a nice little
01:13:30
extra icing on the cake for incubating it and then the LPS get a sweetheart deal or a better deal is that why they
01:13:36
would be in favor of it yeah the LPS get like basically a vig in the startup got
01:13:41
it we kind of modeled it after YC's original deal right where YC got was it 7% for $100,000 yeah and then on top of
01:13:49
that the fund can invest in the seed round at the market valuation whatever the market ah okay so
01:13:55
they get basically 7% for free or something in% for 100,000 then plus whatever the seed round's going to be
01:14:02
brilliant yeah yeah I think it's a good deal for them and and also it's good for
01:14:05
you because you have to want to come to work every day and this keeps you mentally engaged like shamat said he
01:14:10
felt like he was becoming a talking head and just not I don't know how you phrase
01:14:14
it exactly in your newsletter but well like you said scratches an itch it's nice to be able to if you have an idea
01:14:20
for a product you can work creatively on it yeah I don't want to run companies anymore I
01:14:25
don't have any desire to be CEO but it is fun to work on products if you have an idea Jamal how's it been for the
01:14:31
first couple of uh months now are you really feeling more intellectually curious and challenged is it annoying to
01:14:39
deal with employees and you know customers and and all that kind of stuff what's it what's it been like I think
01:14:45
you've been at six months I think it's been really challenging the first part of it was
01:14:50
quite honestly we had to rebase the the cost basis of the company and get costs under control that's hard
01:15:00
and you had to we had to lay some good people off and then we had to kind of like reset the strategy write goals get
01:15:07
our values kind of in a good place reorient the organizational design like who will do what right all of these
01:15:16
things require just enormous amounts of time that where you don't see necessarily the obvious impact in a
01:15:23
metric or a dashboard right away and so you just have to commit to this process and really follow through in it you have
01:15:29
to find the people that have this real potential Elevate them make decisions quickly find out you made some wrong
01:15:36
undo them find out you made some Right double down on them so it's been a real learning process the the thing and then
01:15:42
on top of all that I've tried to start coding again Sunny helped me a lot I built you
01:15:50
were PA programming yeah and then but then I did that to go back into our All Hands which we do every week and I
01:15:56
wanted to demo some stuff mostly just to set the values that we're all grinding here you know and I'm here grinding and
01:16:03
learning this stuff like anybody else and it's embarrassing because like it's janky code it doesn't work and blah blah
01:16:10
blah it was but it's been really I think in the long run it's I think the company
01:16:15
is a lovely business and I and I want them to be successful because I think they deserve to be successful and for me
01:16:22
it's been a great Outlet to just get back to the basics of like what really matters in running a company in 2023 I
01:16:29
don't think I really knew the details that's good and I'm finding a little humbling perhaps a little
01:16:34
humbling to get in there and be in the cockpit really really humbling yeah it's good yesterday we were sitting there in
01:16:40
E team which is our executive team and we're in the middle of a big deal and the seven of us were redlining a
01:16:45
contract back and I know that may sound like really tactical stuff but it was for me
01:16:50
it was amazing I'm like this is great work and I felt like I accomplished something when it was done and maybe the
01:16:55
deal gets closed today the team is on the call and I just think it's wonderful I I get it real awesome yeah all right
01:17:01
listen there's another story that is under reported we try to find these underreported stories things people are
01:17:07
talking about in their group chats but maybe not reading about or hearing about in the mainstream Media or even on
01:17:14
social media there are a couple of unbelievable bombshell class action lawsuits that are dropping in the United
01:17:22
States regarding our real estate industry in October a federal jury in Missouri found the N that's the National
01:17:29
Association of Realtors and several of the brokerages that have those Brokers working for them guilty of conspiring to
01:17:36
artificially inflate commissions for home sales they now have to pay at least $1.8 billion in Damages to sellers of
01:17:44
more than 260,000 homes between 2015 and 2022 this could bankrupt the n and if you don't know what a racket this is
01:17:53
people selling homes in the United States pay 6% commissions on average 3% for the seller that's if you own the
01:18:00
home and you're selling it you give them 3% of the sale and then the buyer you also give them
01:18:05
3% and there have been a number of companies like redin who have tried to change this I actually used RFID on a
01:18:12
transaction and tried to use them on a sale and I was faced with brokers who I kid you not literally said I'm not going
01:18:19
to show your home because it's a lower Mission rate and they have been working in unison to try to stop this
01:18:27
kind of innovation but the 6% is a tradition it's not a rule you can actually negotiate it and now uh since
01:18:33
this case got one another couple of cases have been dropped and these new class action lawsuits all put together
01:18:41
could be $13 billion in Damages I don't know who's been following this in the group but I have a
01:18:48
lot to say about it but yeah freeberg I spent a bunch of time looking at this because I've done several no broker real
01:18:57
estate transactions oh so lawyers yeah just lawyers and then in the in California I don't know if you
01:19:05
guys know this thing called MLS the multiple listing service yes which feeds the data into redin and Zillow and in
01:19:13
order to list a property on MLS you have to have one of these real estate licenses and be a member of of National
01:19:18
Association of Realtors part of the monopolistic racket that goes on is that you have to be a licensed broker
01:19:25
in order to list your home on the service that is the Monopoly in the listing of homes which everyone looks at
01:19:31
so there's a bunch of folks who have set up a a listing service where you can list your home directly on MLS and
01:19:37
basically it's a guy who has a brokerage license and you pay him a 100 bucks and
01:19:41
he just has a website set up and then you list it and so uh you can kind of just list your own home post the photos
01:19:46
and all the docks and then when the agent asks for disclosures every disclosure they want to see on a
01:19:53
National Association of Realtors form and the N forms are only available if you're a member so there's a whole bunch
01:20:00
of ways that they've tied up the market and made it impossible for the system to
01:20:05
operate without the N members being a key principle in the transaction process when at the end of the day having gone
01:20:12
through this a number of times myself there's just all these templates and data that flows into this there's no
01:20:17
reason why you necessarily need to have an individual that that to be involved here but if you did it's
01:20:26
actually a data entry service the process of entering this data could probably reduce down to a fixed fee of
01:20:32
call it a couple thousand bucks per home rather than a percentage of the home value and by the way think about the
01:20:37
craziness around this if you buy a home and you sell it in most parts of the United States you actually have a tax
01:20:43
that you have to pay that's a percentage of the gross and most people have most of their net worth tied up in the real
01:20:47
estate so it's one of the few places where you will actually see a large chunk of your net worth actually taxed
01:20:52
on a gross basis and taken away from you if you end up selling it rather than on
01:20:56
a net basis meaning net of the profit you make and then the Brokers want to get paid a percentage of the gross as
01:21:01
well these are the commissions they get paid from a first principal's perspective it doesn't make sense that
01:21:05
we're paying a percentage of the gross to agencies to to transact this volume the total volume in the US is an
01:21:11
incredible number it's a hundred billion dollar a year in residential real estate
01:21:14
commissions and there's 1.6 million folks who are real estate agents that are licensed making their living doing
01:21:20
this so it's not an inconsequential industry and it's not an inconsequential verdict Nick if you could pull up that
01:21:26
chart of the different countries here's a good comparison so in the US we pay about five and a half% brokerage
01:21:33
commission split between the buyer and the seller's broker and again legally you don't need a buyer's broker you
01:21:39
don't need a seller's broker you're allowed to sell your home without a broker there's nothing in the law that
01:21:44
prevents you from doing that so this is just an industry that's popped up to service this need and their pricing
01:21:50
model is to take a percentage of the gross and that's just the way the Market's developed but in a competitive
01:21:55
market that should be competed away and it hasn't been because of this this Behavior that's gone on with
01:22:01
institutions like the n and you can see across different countries different pricing systems as a percentage of grow
01:22:08
in the UK you only pay about 1.3% total brokerage Commission on buy side and sell side in China 2 and a
01:22:15
half% in Russia three and a half% some countries like Japan and Argentina are comparable to the US at 6% France is at
01:22:22
5 % Germany's at 4 and a half can I ask a question freeberg yeah I only own one house so I don't I've never gone through
01:22:29
this experience really that I can remember because that was more than a decade ago but today if I wanted to sell
01:22:34
a home okay I could sell it to you right but if you have a broker do I have to pay you 3% as well no you could sell
01:22:44
your home to me and then if I have sign who pays your broker's 3% I seller pays the buyer's broker but they don't have
01:22:52
to yeah no here it's really important to understand this if you're going to go buy a home yeah you're typically not
01:22:59
signing a contract with an agent when you go home hunting the seller has an agent and in the agent listing they say
01:23:08
hey if you're a buyer's agent you show up we'll give you 3% commission and so the buyer agents who don't actually have
01:23:15
a contract with the buyer are like well let me show you R homes let me show you R homes and then they get to a home and
01:23:20
they're like okay this home's let's buy it and they're going to make a 3% commission which by the way I just want
01:23:26
to point out the disincentive there they're not looking out for my best interest as a buyer they're looking out
01:23:31
for their commission and the higher the price they get you to pay the more they make the more money they make what I
01:23:36
want to understand though is if I'm going to sell my house to you guys and you guys have a buyer agent and I just
01:23:40
ref can I just refuse to pay the 3% no one gets paid because there's no the buyer agent has no contract with anyone
01:23:46
yeah you can just refuse and you don't have a contract with anyone the place where you end up paying a commission as
01:23:50
a seller is if you sign a seller agent listing and where you sign a contract that s to the seller's agent I'll pay
01:23:57
you 3% and I'm also going to pay a buyer 3% if they show up with an AG how do I list my house on MLS without a seller's
01:24:03
agent you cannot in California I mentioned I just I recently went through this I paid $99 I did it all myself and
01:24:09
I listed on MLS without an agent I've done a bunch of person-to person sales of real estate where I haven't had any
01:24:15
agents involved but I knew the people on both sides and we just did a transaction
01:24:18
so what was your legal cost per transaction oh like like 15 Grand you know to do that that was my exact number
01:24:24
it was 15,000 so just to give you a comparison here chth if you were to have a million dooll house that would be 6%
01:24:32
it' be $60,000 so that's 15,000 in legal cost for you to sell it right if I wanted to
01:24:38
sell it to you directly and that's what happened my friend owned a really nice house we did it off market and now all
01:24:43
the brokers in my neighborhood hate me like they are really upset about it imagine it was a $5 million house or a
01:24:50
10 million or $20 million house is it true for commercial real estate as well this is this how it works I don't know
01:24:55
commercial commercial real estate is the same situation so there's an agent that
01:24:59
represents the building the landlord it's actually going to talk about this then the buy side agent so Buffet
01:25:06
Buffett owns Berkshire realy what is that that's just basically it's a residential broker just like Coldwell
01:25:11
Banker 24 just like all these other so it's sweeping up this 6% Vig yep they were part of the the lawsuit they were
01:25:18
named yeah they were named and if you look at listen to Buffett's earnings reports often talks about how many sides
01:25:24
of a transaction they were on and that's kind of the key measure of Revenue in the in that piece of the business and he
01:25:31
was super ecstatic I think in 2020 or 21 when Real Estate boomed and he's like we
01:25:36
got this many sides of the business it's a great business you know it's cash generative such a great business but
01:25:41
that's the business you want to be on both you want to get as many sides as you can you want to get on a sell side
01:25:44
and buy side uh in the market and you just get 3% depending on which side you're on but now the courts basically
01:25:50
said hey this is illegal here's how you'll know that the Monopoly has ended is when the buy side commission goes
01:25:56
away yeah yeah I mean the sell side 3% may be excessive but I do think that the sell side Brokers do work in terms of
01:26:04
having to market the property whereas on the buy side the vast majority of the value is created by MLS like you're
01:26:10
saying freeberg I think it's flipped but in terms of where the value is but anyway go ahead no you have to Stage the
01:26:16
house take pictures yeah as a buyer I just want someone to look out for me and make sure I'm not like all the diligence
01:26:21
that goes into res searching a home and reading all the disclosures and going through them I don't know if you guys
01:26:25
have gone through this hundreds of gone through it but I he's a lawyer for that stuff who I pay by the hour right that's
01:26:31
what I do I'm not saying that the buy side broker does nothing but I'm saying that most of what they do is just
01:26:38
schedule appointments for tours for you after you've gone through MLS yourself and picked out what you want to see you
01:26:44
give them the list and then they give the list put on your calendar you know what I would analogize it to is travel
01:26:49
agents I don't know if you remember like I mean most people watch the tri probably don't remember but in order to
01:26:54
book an airline ticket a long time ago before the internet you call up a travel agent because they have bring it to your
01:27:01
house they have proprietary access to saber which is the online ticketing system totally totally what happened is
01:27:06
with the internet you had sites like Expedia just give you direct access to saber and so you can book the ticket
01:27:11
yourself there's no reason to have a travel agent same thing has happened with MLS it used to be proprietary
01:27:17
access by the Brokers to MLS you couldn't even see it then had sites like Zillow basically give you direct access
01:27:25
to MLS so you can just go on there and find what you're looking for and again the main thing that the the buy side
01:27:31
Brokers do is to schedule the appointments because you can't get a tour typically unless you're represented
01:27:37
and if you're not represented and you reach out then the sellers agent will try to basically enlist you have you
01:27:42
done a direct transaction sex I'm curious you can I don't think you can residentially I mean it's very hard I've
01:27:48
done it yeah I mean if you know if you happen to already have pre-identified the buyer then yeah I guess you could do
01:27:55
it but basically happened in our case in free I'm curious how yours went down I had told the person or my wife had told
01:28:01
the person we love your home if you ever sell it let us know and then they let us
01:28:04
know and then we bought it with them off market and they said we don't want to use Brokers we don't want to pay this
01:28:08
huge commission which would have been hundreds of thousands of dollars and uh would you agree to this price and we're
01:28:14
like yes and then done how did yours come about freeberg how did you find a buyer
01:28:20
if you were on the sell side this is all like relationship driven people that I know and that kind of stuff so it's like
01:28:26
hey I think this is the future if two of the four people here have done it I think this is the future I don't know if
01:28:30
that's I don't know if that's the common model I don't I don't think that's true
01:28:33
I do think Market you need a Marketplace and the Brokers control the marketplace it's a one-off it's a fluke
01:28:39
when you actually buyer the the MLS is the deao market because I mean ask anyone in the country who's bought a
01:28:45
home in the last year five years almost everyone I'm sure went on Zillow or red or truly unlooked at homes and the the
01:28:54
place that those you know marketplaces get their data is from MLS they sweep the MLS so the real kind of you know
01:29:03
monopolistic breaking is can you break that Marketplace can you break MLS and can you get some other alternative
01:29:09
listing services going that you know enable this to this this brokerage commission to get competed away because
01:29:17
it's currently locked up in the Monopoly they have on the MLS what's so perverse
01:29:21
here's where the Monopoly comes from is that if the buyer had to pay the 3% directly to the buyer's agent and that
01:29:28
was a choice you could make nobody would pay that much of course I'm not saying that the buyer's agent doesn't provide
01:29:34
some value but there's no way you pay 3% but the reason they get it is because the Brokers tell you well you're not
01:29:40
paying that the seller's paying that but of course you're indirectly paying that
01:29:44
because the transaction fees are so much higher and when the seller goes to list
01:29:48
their house if you tell your seller's agent hey I don't want to pay the buyer's agent 3% make it half a percent
01:29:54
they won't do it you know they they will always make it equal so this is the game
01:29:58
this is where the Locking comes from is the buyer doesn't have a choice and the seller doesn't really have a choice
01:30:03
either as we wrap here just real quick pull up that uh link Nick and go to number five so that is the key issue I
01:30:09
don't have a horse in this race I don't own redin stock or anything but here's red fin explaining exactly what you
01:30:13
talked about it's fsbo for sale by owner and there's now these third party sites
01:30:17
and they kind of allude to it there but you know what those are those FS sites are actual real estate agents that are
01:30:25
registered in the state and are members of N and so they have a right to list on
01:30:29
MLS so what they're doing is they've basically set up a super simple website and then they're posting your listing on
01:30:35
MLS for you for a FL without you for a flat fee rather than getting a commission on the sale awesome yeah and
01:30:42
and that's that you know that's kind of interesting but for most PE most people they're like well I don't know now I
01:30:47
don't want to disparage the value of folks that are in this industry there's obviously a lot of value for agents and
01:30:52
brokers in this industry but the real point is that if the Monopoly breaks on the marketplace then the business model
01:30:58
will get competed away and there will start to be a change here and I think that this lawsuit and the settlement
01:31:03
ultimately leads to a change a shift in the industry that would certainly benefit consumers but could have a
01:31:09
negative economic impact because of the number of people that depend on brokerage fees as their as their job the
01:31:15
likely to be that when you hire a broker they will give you a form and you'll pick what percentage you want to pay
01:31:22
I'll pay you 2% and I'll pay the the buyer's agent 1.5 I'll pay you 1.5 I'll pay the buyer's agent two or there
01:31:30
should be caps on it right or you should have because of the incentives it doesn't matter if I sell my home if it's
01:31:35
a $5 million home it may matter to me 5 million 5.5 or six it doesn't matter to the broker their commission they just
01:31:42
want to sell it as quick as possible if it sells for 4.5 5.5 It's relatively the
01:31:46
same commission so it really should be based upon a flat rate up to a number and then a percentage above that number
01:31:53
to Align interests anyway keep an eye on this one folks because it's going to have a massive impact all right Colorado
01:31:59
Supreme Court has removed Trump from the state's presidential primary ballot this
01:32:04
was decided in a split 4 to3 decision by the court it's worth noting that all of
01:32:09
the justices were appointed by Democratic governance it's a democratic State the court based its decision on
01:32:14
section three of the 14th Amendment this bars anyone from joining Congress the military or any federal state off off is
01:32:22
if they have previously taken an oath to support the Constitution then engaged in
01:32:28
Insurrection against the US this is the first time in US history that the 14th amendment has been used to legally
01:32:35
disqualify a presidential candidate the 14th amendment was originally passed after the Civil War and was aimed at
01:32:41
former Confederates I'll say a couple things the first is that I thought that the Democrats were going out of their
01:32:47
way to give Trump the election with the documents case but now I think that they've
01:32:55
basically made his winning the Republican nomination of foregone conclusion and he is the overwhelming
01:33:04
favorite to win the presidency after this and the reason is pretty simple which is if you take Donald Trump out of
01:33:10
this the idea that you haven't been convicted of a crime but now a government agency or
01:33:22
government Court in this case can deprive you of what really is like a pretty momentous sign of Liberty and
01:33:29
freedom which is to run for president of the United States to deprive an American
01:33:34
citizen unconvicted of that crime of that right I think is really a bad step in the wrong
01:33:41
direction and so there there just needed to be a lot more prudence and thought about this and I think that it will do
01:33:50
nothing except embolden the base it'll get Republicans out to vote I think it creates a deep wave of
01:34:01
momentum in the direction of of Donald Trump and so this to me was just an absolute complete head scratcher that
01:34:09
makes no sense and I think will is surely to get overturned in the Supreme Court freeberg your
01:34:17
thoughts okay for those of you not watching freeberg put both hands up in the gave a shrug like a shrug Emoji so
01:34:24
if you want to understand freer's position on trump it is shrug Emoji coming around the horn Sachs red
01:34:30
meat what are your thoughts on the Colorado Supreme Court Banning Trump from the ballot I
01:34:38
agree with what jamas said democracy now means the right of the people to vote for candidates approved by liberal
01:34:43
judges uh and yes jcal all these judges were Democratic appointments I think this case makes clear that the point of
01:34:50
all of this lawfare against Trump is to keep him off the ballot until now they've been pretending
01:34:55
it's about something else and I think this decision rips the mask off all the legalistic that we've heard
01:35:02
throughout 2023 I mean Democrats don't really give a damn whether he paid off a porn star
01:35:08
or kept classified documents or supposedly led a a racketeering conspiracy they just don't want him
01:35:14
standing for a vote that he might win and I feel like all the time we spent on this pod earnestly debating the details
01:35:21
and legalities of the documents case it was a total suckers game that's the narrative they want us engaging in it
01:35:28
never had anything to do with documents they just want to keep them off the ballot and I think that by being so
01:35:35
naked about this by ripping the mask off what they're trying to do the Colorado Supreme Court has really done us all a
01:35:42
favor I mean the Supreme Court of the United States is surely going to reject this decision but the lasting impact is
01:35:49
going to be in revealing liberalism's true fath they are the real authoritarians and
01:35:54
while restricting the right of the people to vote for the candidate who is leading the polls right now they
01:35:59
Proclaim that they're saving democracy I mean they they self- glorify and engage in this
01:36:06
self-righteous rhetoric that they're saving democracy I mean the rest of the country any normal person is looking at
01:36:12
this and saying these people have completely lost touch with with reality completely lost touch the other
01:36:18
unfortunate outcome of this is that there will be a wave where people will talk about the big steel as this and
01:36:26
what people will say is that there was an attempt by the Democrats to really roadblock Trump's ability to be voted up
01:36:32
and down by the American people and that's disenfranchising the the ability for people to vote and and I think that
01:36:40
that's really unfortunate and I and I wish that the Democrats would have thought about that in their calculus
01:36:44
before engaging in what is really a a deeply partisan thing to do that that this will will this will get
01:36:53
overturned but their damage will be longlasting unfortunately that's a shame totally and I mat mat Tai
01:37:01
had a good line he said that only people who live in a bubble within a bubble within a bubble could ever think a
01:37:07
decision like this is a good idea here are the three bubbles number one all of these judges were Democratic
01:37:14
appointments because so living within the Democratic part is the first bubble the second bubble was the fact that they
01:37:20
all went to Ivy Le schools this was actually a 4-3 decision the four justices who went to the IB leagues all
01:37:25
voted for it they thought this was a good idea the three that went to Denver law school The non- Ivy Le School were
01:37:31
all against it and wrote scathing descents against it so that tells you the second bubble is the IV League the
01:37:38
third bubble is people who've been totally marinating in the mainstream media and their coverage of this because
01:37:43
they think that they can just conclude that Trump is guilty of an Insurrection because it's just a fact according to
01:37:50
the media they listen to Trump has never been convicted of that crime he's never
01:37:54
even been charged with it right so I think that's a an important distinction that you know the the the 14th Amendment
01:38:00
which my understanding came about to keep members of the Confederate Army out of Congress because they had rebelled
01:38:09
against the government and so the whole point was this amendment was passed to keep um anyone who' no that's right who
01:38:16
engaged in Insurrection or Rebellion or given Aid or Comfort to the enemies there of it may not be elected a
01:38:22
member of Senate Congress or president or vice president so sax if that's the case that that is still the 14th
01:38:28
Amendment that's the claim being made here it doesn't define whether or not there needs to have been a conviction of
01:38:35
a charge of insurrection is that what will ultimately be the Supreme Court decision
01:38:41
do you think is that he was or wasn't actually found in a court of law to have been guilty of insurrection no it's that
01:38:49
the actual article three of the 14th Amendment doesn't doesn't even Define the presidency as applying in terms of
01:38:58
where this applies so even before you get to that legal threshold of the fact that he's never been tried for this
01:39:03
thing there is a simpler threshold which is most legal Scholars say it doesn't even point to the fact that you can
01:39:09
actually hold the president to that standard so there's like all all these layers what do you mean it says no
01:39:15
person shall be well it's unclear it's unclear if officers of the United States includes the presidency I think that's
01:39:21
one way you could overturn this another way is to point out that there was no due process the desense really harped on
01:39:28
this issue of due process you had a District Court decide after a 5-day Hearing in which Trump was not allowed
01:39:36
to subpoena no subpoena power no calling of witnesses no cross-examination they basically just looked at tape of the
01:39:42
January 6 hearing which was itself bias because the Republicans didn't even get a chance to cross-examine so basically
01:39:48
they just looked at MSNBC coverage and this District Court concluded on that basis that Trump was guilty of an
01:39:53
Insurrection again that is a crime for which he's never been convicted and he's never even been charged with and he's
01:39:59
never even had the chance to answer those charges in court and there was a special counsel at the federal level
01:40:04
that declined to prosecute that's right that's exactly right so sack if a prosecutor had taken up the case and he
01:40:10
had been convicted would you support him being disqualified from the state ballots for being the nominee of for
01:40:17
party for president well there was a very simple way to disqualify Trump from running again which was to impeach him
01:40:23
was to convict him in the impeachment trial remember the second impeachment was all about January 6 and he was
01:40:29
courts I'm talking about the he was exonerated that was the time to do it now I don't know if you know if a
01:40:36
conviction for inment to Insurrection would hold up in that way freeberg I don't know but the point is they didn't
01:40:41
even try and the reason is because when merri Garland first came in they actually did an analysis of January 6
01:40:48
and there was a memo written and it said that if we the doj try to prosecute Trump for either incitement or for
01:40:55
Insurrection we will lose that case and so mer Garland didn't bring those charges then there was a story in the
01:41:00
New York Times saying that Biden reacted really negatively to that and he told his inner circle that Garland needed to
01:41:07
stop acting like a ponderous judge this is the New York Times words and that he needed to take decisive action and Biden
01:41:15
made clear to his inner circle I'm going to provide the receipt on this that he thought Trump should be prosecuted so
01:41:21
all of this lawfare ultimately flows from that it flows from the top Biden is the most vindictive president we've ever
01:41:27
had I cannot think of another time in American history where a president incited his own AIDS and advisers to
01:41:35
basically go prosecute the leading alternative for the presidency that he's likely to face in four years that is
01:41:43
what happened by the way we've seen this behavior before remember this is also the president who said we need to go
01:41:48
look at this guy meaning Elon I mean I can't believe that this behavior is just accepted by so many Americans This is
01:41:56
petty vindictive unamerican behavior and it's anti-democratic and the people who
01:42:00
are engaging in it the most again are are glorifying themselves as somehow standing up for democracy this is a joke
01:42:08
and I think the average American is going to rebel against this and I said I think it was like last year that all
01:42:13
this lawfare all these tactics and shenanigans that the Democrats were trying it's either going to put Trump in
01:42:18
the big house or the White House and I think said it for the White House on this basis right now I agree you would
01:42:24
say that it's reasonable that if he got convicted in a court of law for charge of insurrection that he should not be
01:42:30
allowed on the ballot if the Supreme Court then decided that that's what the 14th Amendment meant sure but that's not
01:42:36
what happened here there's zero due process I get it I'm just trying to understand where your threshold is so
01:42:41
you think he'll certainly this will certainly go to the Supreme Court and they'll adjudicate what the the 14th
01:42:46
Amendment really means because it's never been tried the 14th Amendment at the cour was written think about why
01:42:51
that statute came about chath is right it was written for the Confederacy right the only other time it was used was in
01:42:57
1919 against one person that was about to enter Congress who was who had given Comfort to the Germans in World War I
01:43:04
that's the only time we've actually invoked article three section three of the 14th Amendment were they allowed to
01:43:09
run no person they were not allow they were not allowed to take the seat now that's at the federal level and at and
01:43:15
and at the state level it's been used a couple of times the the the point of this is for me again take Trump out of
01:43:22
it you do not I think I'm pretty sure we do not want to find ourselves in a country no of course where you can all
01:43:32
of a sudden be deprived your Liberty and your rights for Random Acts where somebody
01:43:40
believes that you are a threat to them and that person in a is in a position of power to affect your Liberty that can't
01:43:49
happen vote the men up or down yeah and I agree with that and I would say that I
01:43:54
mean what you're speaking to is due process these judges basically believe that because the mainstream media says
01:44:00
something is the case that we don't need to go through a legitimate Court procedure to determine that as a legal
01:44:07
finding they just declare that okay he's guilty of insurrection that was never proven people don't realize you can this
01:44:14
thing can go the opposite direction so quickly imagine that there's a Democratic candidate that is running
01:44:19
against a Republican incumbent is this the standard we want to create where there's this political Warfare that
01:44:26
happens where each party is trying to essentially prevent the leading candidate of the other party from
01:44:33
running in every election from here on out because that's the precedent that is being created that's why that's why I
01:44:40
have such an allergic reaction to this that's totally true why wouldn't every president from here try to do this I
01:44:48
mean it's already the case that every president that loses Congress is probably going to face an impeachment
01:44:53
hearing I mean that's happening too and now we're going to have a situation where every presidential candidate can
01:45:00
be potentially excluded from the ballot based on you know a local Court's findings from the Democrats point of
01:45:07
view this was deeply shortsighted and I think it has a very high chance of blowing up in their face we haven't
01:45:12
heard from jcal I get my information from two really good sources the first one I recommend for our listeners is
01:45:17
cafe.com it's a podcast by pre verar fantastic he does really deep Dives on these yeah cafe.com is his podcast.com
01:45:27
it's it's a paid podcast but it's really detailed and then there's actually speaking of law fair there's a lawfare
01:45:32
podcast and so I listen to those and it's they're they're covering this but and also the two other cases that are of
01:45:38
note the federal election interference case and the Georgia case highly recommend that our listeners go to those
01:45:44
experts and get a really well balanced view of the cases against the 45th president all right for chairman
01:45:51
Jam poap the new chairman of the all I like chairman dictator I don't want to lose chairman dictator authoritarian no
01:45:59
no J bipac chairman bipac chairman of the poit bureau dictator of the all-in Pod you have my proxy vote too all hell
01:46:08
the chairman dictator and for the king of be and Rainman himself I am the world's
01:46:17
greatest moderator love you boys we'll see you next time let your winners ride Rainman
01:46:28
David and instead we open source it to the fans and they've just gone crazy with it love you queen
01:46:35
[Music] of Besties that's my dog taking a your driveway ta oh man my meet me we should all just
01:46:53
get a room and just have one big huge orgy cuz they're all this useless it's like this like sexual tension that we
01:46:58
just need to release [Music] Som we need to get [Music] merch

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Episode Highlights

  • Caviar and Chips
    A humorous moment as the hosts discuss their indulgence in caviar at a party.
    “Caviar chip high and low, they call it!”
    @ 05m 16s
    December 23, 2023
  • Phone a Friend
    Sax struggles to answer a question and decides to phone a friend for help.
    “I'd like to phone a friend!”
    @ 09m 55s
    December 23, 2023
  • Middle East Tensions Rise
    The ongoing conflicts in Israel and Gaza could have significant implications for global markets.
    “This situation could spiral into a larger regional war.”
    @ 25m 26s
    December 23, 2023
  • M&A Activity Stalls
    Recent high-profile mergers have been called off, indicating a shift in the market.
    “Adobe and Figma called off their merger after a 15-month review process.”
    @ 36m 12s
    December 23, 2023
  • Chilling Effect on M&A
    The protracted delay in deal approvals is creating a chilling effect on mergers and acquisitions in Silicon Valley.
    “Regulators got in the way of the Adobe deal...”
    @ 41m 16s
    December 23, 2023
  • The Importance of Profitability
    Profitability gives control over the business without external pressures.
    “By being profitable, we have complete control of the cap table.”
    @ 57m 34s
    December 23, 2023
  • AI's Impact on Venture Capital
    AI may disrupt traditional VC funding models, leading to more efficient startups.
    “AI may be the biggest disruptor to VC.”
    @ 01h 02m 52s
    December 23, 2023
  • The Shift in Startup Funding
    Founders are focusing on profitability rather than raising large rounds of funding.
    “Now they're just like how do I get to profitability.”
    @ 01h 04m 26s
    December 23, 2023
  • Class Action Lawsuits in Real Estate
    Unbelievable bombshell lawsuits could lead to $13 billion in damages for inflated commissions.
    “This could bankrupt the N.”
    @ 01h 17m 41s
    December 23, 2023
  • The Real Estate Commission Racket
    The average 6% commission on home sales is being challenged in court.
    “There's no reason why you necessarily need to have an individual involved here.”
    @ 01h 20m 20s
    December 23, 2023
  • Political Backlash
    The disqualification of Trump may embolden his supporters and impact future elections.
    “I think that it will do nothing except embolden the base.”
    @ 01h 33m 50s
    December 23, 2023
  • Biden's Vindictive Actions
    Biden's push for Trump's prosecution is labeled as unamerican and anti-democratic.
    “This is petty vindictive unamerican behavior and it's anti-democratic.”
    @ 01h 41m 56s
    December 23, 2023

Episode Quotes

  • This is Sax's personal Vietnam!
    E158: Global trade disrupted, Adobe/Figma canceled, realtors sued, Trump blocked
  • The last thing Saudi Arabia wants to do is get involved in restarting this war.
    E158: Global trade disrupted, Adobe/Figma canceled, realtors sued, Trump blocked
  • You cannot have risk capital flow into the United States if this continues.
    E158: Global trade disrupted, Adobe/Figma canceled, realtors sued, Trump blocked
  • Everything's feeling fresh again.
    E158: Global trade disrupted, Adobe/Figma canceled, realtors sued, Trump blocked
  • There's no reason why you necessarily need to have an individual involved here.
    E158: Global trade disrupted, Adobe/Figma canceled, realtors sued, Trump blocked
  • This is petty vindictive unamerican behavior and it's anti-democratic.
    E158: Global trade disrupted, Adobe/Figma canceled, realtors sued, Trump blocked

Key Moments

  • Awkward hug05:24
  • Phone a friend09:55
  • Profitability Focus57:34
  • Incubation Strategy1:11:50
  • Learning Process1:15:38
  • Coding Again1:15:45
  • Class Action Lawsuits1:17:20
  • Real Estate Monopoly1:19:21

Tension Over Time

Words per Minute Over Time

Vibes Breakdown