According to the DOJ complaint, the agreement began no later than 2006 and lasted at least until 2009. The DOJ said the agreement for over a year also barred at least eBay from hiring any Intuit employees at all. EBay and Intuit directly compete for employees, including specialized computer engineers and scientists covered by the agreements at issue in the case, the department noted.

Read the rest of this post on the original site »

The latest to enter the space is Bank of America’s Merchant Services, which today is unveiling Mobile Pay on Demand, a service that allows small business owners to accept customer payments over a cellphone.

“I hate to come out with a commodity product, but every bank should have one,” said Trevor Rubel, EVP of Strategy and Emerging Products for Bank of America Merchant Services.

Square is perhaps the most high-profile company in the market and is already processing $8 billion in payments annually. But its head start hasn’t deterred others from entering into the space, including eBay’s PayPal, Groupon, Intuit, Pay Anywhere and many others.

Bank of America’s nearly identical service will be available starting Dec. 3 and will be priced very competitively. The card reader (which is slightly more bulky than Square’s, and is more rectangular) will be free and payments will cost 2.7 percent per swiped transaction. The mobile application, available across both iOS and Android, is also free.

The rate is priced slightly below Square’s offering of 2.75 percent, but is slightly above Groupon’s 1.8 percent plus 15 cents fee (although Groupon also requires merchants to be active daily deal providers). Bank of America charges no monthly or annual fees.

Rubel says he believes that Bank of America has an advantage over the others because it has a very strong, trusted brand. Plus, it already has substantial relationships with retailers, including roughly two million small- to mid-sized businesses that don’t currently use its payment terminals because they don’t process enough transactions to justify it or because they work on the go. He imagines the new service appealing to the usual crowd of taxi cab drivers, participants at farmer’s markets and contractors.

Some of the perks provided by the service include next-day access to funds and customer service representatives available by phone. Additionally, retailers will be the merchant of record, meaning that the name of the business will appear on a consumer’s credit card statement instead of Bank of America’s or some other provider.

For those merchants that sign up by the end of the year, they will also receive a one-year subscription to Bank of America’s deals marketing platform, which normally costs $200. The platform allows business owners to create a Web site, and to distribute Groupon-like offers, coupons or loyalty programs. The offers are syndicated across several sites, including Facebook, Twitter or 8coupons.com. When offers are redeemed, Bank of America will charge merchants small fees, depending on the type of offer.

When pressed for a time frame in a recent interview, Rabois claimed that the transition could take place in as little as 18 months.

This would be a very fast pace, given that so many merchants have already invested thousands of dollars in their point-of-sale machines — not to mention other hurdles, such as getting employees up to speed on new systems.

Still, Rabois, whose business relies on this happening, is insistent.

“The era of standalone machines is over,” said Rabois, a former executive at PayPal. “Everyone will be migrating to iPads and comparable devices, which will be powered by an app — that is, hopefully, Square.”

We’ll see, but now Square has the money to try to make it so, finally confirming earlier today that it has raised a fourth round of capital. After months of rumors and an announcement last month that Starbucks would be one of its investors, the San Francisco-based payments company said it completed a monster round, totaling $200 million. This now puts it at a $3.25 billion valuation, according to sources. A spokesman would not confirm that amount.

The company said that it plans to use the money for more expansion. Over the past year, Square has already moved beyond handing out magnetic-swipe readers to anyone who wanted one to offering more robust experiences for both consumers and merchants. That now includes software on the Apple iPad, which acts like a register, and an application on the iPhone or Google Android phone that allows consumers to pay without using cash or plastic.

Square is not the only company that believes the transition will happen fast.

A survey by the National Retail Federation last fall found that while only 6 percent of retailers said they used mobile point-of-sale devices, half of the respondents said at the time that they planned to adopt such devices over the next 18 months. Additionally, about 75 percent of U.S. merchants said they intended to buy a tablet over the next year, according to market researcher NPD.

In the interview, which took place a few weeks ago, Rabois elaborated on his vision.

Essentially, Square’s biggest goal is to enable any merchant, regardless of their resources, to offer a mobile experience similar to the one Starbucks offers today through its application. In August, Starbucks announced that it was investing in Square, and was going to start using it to process all of its credit and debit transactions.

“Any merchant that is focused on customer service and the ambiance of their experience will be intrigued by what we offer,” Rabois said.

But if merchants are indeed eager to change out their legacy systems for something more digital, Square won’t be the only option for them to choose from. Other companies, such as eBay’s PayPal, Verifone and Intuit, also allow merchants to upgrade their systems without any additional hardware, as well as offering their own mobile-based solutions.

The payments company is perhaps best known for allowing small businesses, such as taco trucks and taxicab drivers, to accept credit and debit cards using their mobile phones. It is also well known because its CEO, Jack Dorsey, is also a founder of Twitter.

Square is issuing a modest three-paragraph press release this morning announcing the details, which is ironic given the round’s massive size.

A spokesman said that Square has raised more than $200 million in the round, although he would not confirm the company’s valuation. However, according to sources familiar with the deal, Square is now valued at an eye-popping $3.25 billion. That’s slightly less than the $4 billion valuation we reported it was seeking back in April.

Investors participating in the round include Citi Ventures, Rizvi Traverse Management and Starbucks Coffee Company.

The funding will help the company continue to grow, including plans for international expansion later this year.

In an interview several weeks ago, Square COO Keith Rabois said that the company plans to start marketing itself aggressively. It already has commercials on TV, and a wide-ranging deal with Starbucks announced last month will also help. Starbucks said then that it would invest $25 million into the company, and start using the funds to process all of its debit and credit transactions in the U.S. Starbucks will also allow its customers to pay for their lattes using Square’s consumer-facing app.

Rabois said then that he was certain that the transition from registers to iPads or other tablets will happen quickly.

To date, Square has raised around $340 million, money it will surely need if it hopes to disrupt something as large as the payments industry. So far, it has started to make a dent.

A year ago, Square had about 150 employees and was processing more than $1 billion on an annual basis. Today, it has 400-plus employees and is processing more than $8 billion a year. Rabois said he expects the company to hire 100 more employees by the end of the year.

Square’s valuation is rich by at least one historical measure. In a previous story, I compared the start-up to PayPal’s early days, noting:

PayPal, which was also looking to disrupt the banking industry by enabling peer-to-peer payments online, was sold for $1.5 billion to eBay in 2002, just months after going public at a valuation of nearly $800 million.

At the time it went public, the company was approximately doubling year over year, and had generated $103.7 million in 2001, its first full year of operations — slightly less than Square’s estimated revenue ($122 million).

Much like PayPal back then, Square faces intense competition, so making alliances with much larger companies or raising big war chests is critically important.

Square also faces stiff competition and pricing pressure from Intuit, eBay’s PayPal, Google, and other upstarts, like Pay Anywhere.

And it is still possible to compare Square to a modern-day PayPal. PayPal has said it is expecting to transact $10 billion in mobile payments volume this year, which is $2 billion more than what Square is processing on an annual basis. And, as with Square, nearly 100 percent of PayPal’s mobile transactions are occurring on the phone, but it is quickly ramping up its in-store payments business, too.

Wouldn’t it be nice, for example, if, while you were on hold, that otherwise pointless disembodied voice greeted you by name, reassured you that you’re going to be connected to someone who knows exactly what your problem is and how to deal with it, and that it will only be a few more minutes because there is only one more person ahead of you?

If that sounds like some kind of utopian vision for the otherwise infuriating world of automated phone support, it’s not that far from reality. Remember Twilio? This is the company that lets you program your own phone system. It’s the one that makes all its employees create their own application as a way of making everyone familiar with the platform and also showing how easy it is to use.

So yesterday the company announced on its blog a new feature. The wonky software engineer word for it is a “primitive,” which means it’s a deeply fundamental command in an API. Whatever. The command is “Queue,” and what it does is allow companies using Twilio to program their own logical flow for managing people waiting on hold.

For instance, you might decide that when a customer calls in a second or third time within a certain period of time, that they’re having a serious problem. Since presumably you know their phone number from Caller ID, you might route their call directly to the guy who helped them before. Need to get someone else on the phone to help out? It’s easy to bridge the call and bring someone else in.

It’s the sort of thing that, when used creatively, can potentially speed up an otherwise unpleasant, time-consuming and costly process. When you get right down to it, no one on either side of the call really wants to be there, right?

I had a quick chat with Thomas Schiavone, product manager for voice at Twilio, earlier this week. He told me companies using Twilio had already been trying to do some of this using the existing commands in the API. Adding the new Queue command makes it easier, and requires fewer steps to get those things accomplished. “You could have built applications that do all this previously,” he told me. “But we’re making it easier for the developers so they have to do less.”

It’s just another example of how Twilio has been busy this year. In recent months, it has been adding support for international markets in Europe and also Israel. It has also been hiring new senior execs at a fair clip: A CFO in May and before that a CMO in April. Lots of interesting customers, too, including Intuit, eBay and Sony.

I was just learning to read, but I remember that it had a label on it that said “National.” It stood for the National Cash Register Company, which today is known as NCR. As it happens, I had a meeting on Tuesday with NCR’s CEO Bill Nuti at Fortune Magazine’s Brainstorm Tech conference being held here in Aspen, Colo.

The memory about my grandpa’s cash register came up at the start of the meeting, when I admitted rather sheepishly that I knew next to nothing about the modern NCR. He listened politely as I described this machine that loomed so large in my childhood memories, as he must have done a thousand times before. Things like that happen when you run a 128-year-old company, though it wasn’t exactly the reason he had called me.

You probably encounter NCR’s gear every day, several times a day, as you go about your business: Buying coffee and groceries, getting cash, confirming your seat on a flight. NCR does business with all the biggest retailers, restaurants, hotels, banks and airlines, building ATMs, point-of-sale systems, and self-service kiosks of every stripe.

But NCR wants a new relationship with small and medium businesses, and today it’s about to start. And it’s going to do it via Apple’s iPad.

Today, NCR will launch Silver, a combination of hardware and an app that will turn an iPad or iPhone into a sophisticated point-of-sale system that, among other functions, is tied to critical business functions like inventory tracking, loyalty marketing, profit tracking, and a lot of other things.

Other than the app that gets installed on the iPad itself, the software does its heavy lifting in the cloud. Nuti told me that NCR built a new data center just for this effort. The point is to bring the kind of point-of-sale technology that is typically available only to larger businesses in an affordable package.

And there’s something to be said for the power of the NCR brand. It processes some 110 billion transactions around the world every year. It has a dedicated on-the-ground sales force, but also sells its gear through channel partners like banks and payment processors.

Historically, NCR was all about small business. It practically owned the business of selling cash registers to all those neighborhood shops that were — and still are — a critical backbone of the U.S. economy. “We had something like 100 percent market share in 1925,” Nuti told me. By 1968, electronic cash registers from companies like Sanyo and Panasonic were in favor, replacing the clunky, noisy, electromechanical models that NCR still made. “NCR missed the transition to digital,” Nuti said, “and it hasn’t been engaged with small business owners since 1971.”

NCR is now a $5.4 billion (2011 sales) concern that caters mostly to the biggest household names in retail, banking, travel and hospitality. That makes today’s announcement all the more weighty: Today marks the launch of NCR’s first new division aimed at small businesses in 50 years.

Right now, the NCR business unit responsible for Silver is smallish, on track to bring in $30 million in revenue. Within three year, Nuti wants it generating $1 billion in revenue. The target is simple: Sign up a million small-business customers. (He defines a small business as one bringing in annual revenue of anywhere from $50,000 a year to about $2 million.)

And we’re not just talking about mom-and-pop coffee shops, but also mobile-business owners, like the guy who cleans the pool and the guy who cuts the grass. The application works as readily on an iPhone or iPod touch.

It wasn’t long before Nuti brought up at least one competitive target he has in mind: Square, the upstart mobile payment service started by Twitter founder Jack Dorsey. Square is very different from Silver, Nuti says. Business owners who use it don’t get access to the information they generate over time. “The bill you get from Square doesn’t tell you how profitable a customer is, or how to get them back in the store.”

The first thousand customers who sign up for Silver will pay $39 a month, for as long as they use the service. For everyone else, the going rate will be $79 a month. It will be available directly from NCR, but also through its extensive network of distributors: Bank of America merchant services will sell it, as will payment processors like First Data.

The aim is to bring to bear NCR’s sales force, distribution, infrastructure and service capabilities into a huge effort that will disrupt the efforts of companies like Square and Intuit and a scattershot of other upstart companies who also sell point-of-sale apps for the iPad. “There’s a lot of these small point-of-sale outfits that are cropping up everywhere. None of them can do what we do,” Nuti said.

Next year, there will be a version for Android devices, and international expansion into the U.K., Brazil and China.

In a critical hire to solidify its top corporate ranks, Airbnb has hired Intuit finance exec Andrew Swain as CFO.

At Intuit, he was VP of finance for the financial software company’s $1.5 billion consumer group, which includes its well-known TurboTax, Quicken and Mint products. Previous to that, Swain was VP of corporate strategy and development.

Swain also worked at the Boston Consulting Group. He got an MBA from Harvard Business School and a BS from the University of Manchester.

The San Francisco-based Airbnb said that Swain would “provide strategic leadership and build the company’s financial infrastructure as it continues its rapid global growth.”

AirBnb also hired a head of talent — former Apple HR exec Joni Reicher. She was most recently senior director of HR, focused on Apple’s sales org and also on its international recruiting.

But despite its PC software heritage, CEO Brad Smith says the company’s future lies in mobile.

“Many small businesses are running entire businesses from a mobile phone,” Smith said in an interview. “We’re having to reimagine all our products.”

By 2020, Smith imagines that the bulk of the company’s revenue will come from mobile products.

But that will require a huge shift. It’s one that Smith has been trying to lead for some time now.

Currently, Intuit gets just a fraction of its revenue — an expected $70 million this fiscal year — directly from mobile products. That doesn’t include the many products that have a mobile component.

For instance, Intuit has a $360 million-per-year business powering online banking for small and mid-tier banks. The company had been seeing a drop in revenue per user until mobile banking took off. Now banks are willing to pay more if the solution includes mobile.

The company has already created products like SnapTax, which lets people use a cellphone camera to scan in their W-2 form and, for simple returns, file straight from the device. The next challenge is figuring out how to move more complex processes onto phones and tablets.

Smith says that Intuit is in the midst of trying to figure out what the kind of small business accounting done in QuickBooks would look like when managed from a tablet.

“You’ll hear more about that in the next six months,” he said.

Mobile isn’t just an opportunity for Intuit, however, and the challenge is twofold. First off, the company has all kinds of new competitors such as Square and Groupon.

“The barriers to entry are down,” Smith said. With mobile, competitors also don’t have to take on the full breadth of Intuit’s products. There is lots of room for companies to do just one piece well and evolve from there.

To keep pace, Smith has his general managers come to him each quarter with three competitors that weren’t even on the radar screen before and talk about what they are doing well. In some cases, Intuit has adopted similar features and in other cases it has gone out and acquired the companies in question.

On the payments side, Intuit has gone after Square with GoPayment, its take on processing credit cards from mobile devices. Smith said that a growing market means that there won’t be just one winner, noting that GoPayment is doing eight times the transaction volume it was a year ago and its overall payments business grew 14 percent last quarter.

Beyond new competitors, the shift to mobile has meant sales of the company’s desktop software have slowed more quickly than it had forecasted.

“The PC is becoming a truck,” Smith said, echoing an analogy that late Apple CEO Steve Jobs used at our D8 conference. “Everybody is using a tablet and a phone.”

And while the company is rapidly adding mobile versions of its products, it isn’t always getting paid at the same rate. In some cases, the company is getting 25 cents on the dollar and has to scramble to find new opportunities to make up the difference.

“It’s been, in aggregate, good, but not every one of our product lines have figured it out,” Smith said.

While former Yahoo CEO Scott Thompson fades from the tech scene — besides getting jacked from the top job at the Silicon Valley Internet giant, he’s also just come off two tech boards he had served on — the investigation over his hiring and how a fake computer science degree got into the company’s regulatory filings continues.

While the quick-fire controversy burned Thompson, as well as now former Yahoo director Patti Hart, the special committee of independent board members is still at work trying to figure out how such a mess was made in the first place.

And, more importantly, who knew what when and told whom.

At the time the committee was announced, Yahoo said it would “conduct a thorough review of CEO Scott Thompson’s academic credentials, as well as the facts and circumstances related to the review and disclosure of those credentials in connection with Thompson’s appointment as CEO.”

The special committee is chaired by Yahoo’s new Chairman Fred Amoroso and includes John Hayes and Thomas McInerney, two independent directors who joined the board in April.

Yahoo also hired independent counsel Terry Bird of the law firm Bird, Marella, Boxer, Wolpert, Nessim, Drooks and Licenberg in Los Angeles to handle the inquiry.

The company also noted at the time that “the special committee and the entire Board appreciate the urgency of the situation and the special committee will therefore conduct the review in an independent, thorough and expeditious manner. The Board intends to make the appropriate disclosures to shareholders promptly upon completion of the review.”

Gripped by urgency myself, I have grown weary waiting by the phone for some official answers, which sources said will not be forthcoming for some time.

But since I am the most curious of cats — uh-oh! — I started dialing around on my own to find out what’s what.

And, according to sources — especially since Thompson has settled with Yahoo and will not get severance due to the academic falsehood — the big focus is now centering on if the company’s staff screwed up the background check of his academic credentials, thus allowing it to get into its official filings with the Securities and Exchange Commission and also on Yahoo’s corporate Web site.

When Thompson was hired from eBay, where he was president of its PayPal payments division, the online commerce company had the correct bio information in its SEC filings, although not on its Web site or in its PR materials.

The question is: Did someone from Yahoo simply rely on Web bios and not check eBay filings and did anyone ever re-check Thompson’s college records? (Note: It took me 15 minutes flat to find out he did not have such a degree at Stonehill College in the Boston area.)

If lazy checking was the case, it spells rank incompetence on the part of staffers, as well as Hart, who headed the search after Yahoo fired its previous CEO Carol Bartz last fall.

A much more troubling line of inquiry taking place is aimed at the possibility that someone at Yahoo did discover the discrepancy in Thompson’s resume and either did not report it up the chain of command or did and it was either lost or ignored or, well, worse.

While this certainly ain’t Watergate, such a situation would be very hard for Yahoo to explain away as easily to shareholders, especially potentially litigious ones. As it is always said, the coverup can often be more damaging than the crime itself.

And, if it is determined by the special committee that certain employees knew of Thompson’s resume inaccuracy, it will most certainly result in dismissals of Yahoo employees.

The focus on the committee — which truly cannot sweep this under the rug, if it occurred in this much more serious scenario — is most obviously the legal department of Yahoo, which is responsible for making certain filings are accurate.

Also under scrutiny is the quickness of the hiring of Thompson.

Among the questions is how much vetting was done and whether adequate questions about him were asked among a variety of possible sources.

When he was picked in January, Thompson was a dark-horse candidate for many, including some Yahoo board members.

In fact, he was not on the initial headhunting lists prepared by outside talent search firm Heidrick & Struggles.

That’s because Heidrick had placed Thompson at eBay in mid-2000 and could not then recommend him to Yahoo. As it turned out, Thompson took it upon himself to cold email Yahoo board member and Intuit CEO Brad Smith about the job, who then passed Thompson’s interest to Hart.

Heidrick had no involvement in the checking of Thompson, although he later blamed the firm in a public meeting with Yahoo employees for putting the error in his bio in the first place from when he was hired at eBay. Heidrick quickly called the accusation “verifiably not true” in a memo to its own employees.

Sources said that meant that the firm had a resume that Thompson had submitted to it that also contained the error.

But the central mystery of how that mistake appeared on his bio will likely remain just that without further explanation from Thompson.

In a radio interview in 2009, he did not correct a specific question about the twin degrees he appeared to have held and seemed to even agree with the show’s host, Moira Gunn, about them.

Later, she told me in a video interview that Thompson had clearly indicated to her in the prep for that interview that he indeed had a computer science degree.

Still, it is still not clear — and may never be — who put the faux computer science credential on his resume in the first place.

So, with all apologies to Winston Churchill: It might remain a riddle wrapped in a mystery inside an enigma.

Longtime Yahoo exec Raymond Stern (pictured here) — who seems to have fit into a lot of management reorgs in his short time at the Silicon Valley Internet giant — has been named to a new role at the company as SVP of strategy, corporate development and new ventures.

He’ll be reporting to CEO Scott Thompson, according to an internal memo I got sent by the people who send me internal memos from Yahoo. (A group, I might add, that is getting bigger by the day.)

When he got to Yahoo in late 2009, Stern had first been named SVP of North America partnerships and business development for Yahoo. He later had to also pinch-hit as its head of U.S. audience, mobile and local, after an exec left, before being named SVP of North America audience. Then, after another exec took over the audience job, he was back to business development and partnerships and also added the listings business to his portfolio. Then, Stern got mobile biz dev back, after another exec left.

Now, the man who has been the Swiss Army Knife of Yahoo will be the key strategy guy for Thompson, who clearly wants to do a lot of strategizing.

Interesting note: Stern was a former consultant to Boston Consulting Group, which is Thompson’s go-to outside team on his ongoing restructuring of the company. He is also a former Intuit exec.

As per usual, here is the internal memo on Stern’s appointment from Thompson, who is dealing with some other very thorny issues right now too:

Yahoos –

Over the last few months, you’ve heard me talk a lot about focusing our company around our core business. As part of this, we need to find new ways to strengthen, leverage, and monetize our core assets — all in conjunction with our long-term strategy focused on driving growth. To help tackle this challenge, I’m excited to announce that Raymond Stern will take on a new role at Yahoo! as senior vice president of strategy, corporate development, and new ventures, reporting to me.

For those of you who haven’t had the chance to meet Raymond over the last two and half years here at Yahoo!, he previously oversaw distribution partnerships and business development, as well as our Latin American, Canadian, and small business teams. Earlier in his career, he spent 10 years at the Boston Consulting Group, and later had various roles at Intuit including leading strategy and corporate development during a transformational period in the late 90s through the mid 2000s.

In his new role, Raymond will work across the teams to ensure alignment and that we are taking advantage of opportunities around the globe. He will lead three critical areas for us:

Strategy: Raymond will lead corporate strategy, working in close partnership with the senior leadership team and me.

Corporate Development: Raymond will work with the team to find opportunities to accelerate our progress and growth through acquisitions, investments and strategic partnerships. In conjunction with this, Marcus Shen and his group will be renamed corporate M&A, and will continue to be the transactional execution arm supporting Yahoo!’s corporate development initiatives.

New Ventures: Raymond will look at emerging areas outside of what’s happening in the halls of Yahoo! and bring new innovative and disruptive ideas to the forefront.

In the coming weeks, you’ll hear more from Raymond as he works with the leadership team to align our corporate priorities and long-term strategy.

Please join me in welcoming Raymond to this important new role.

/signed
/Scott Thompson

And here’s to your new job, Raymond:

CSLie has claimed its first victim, although the mystery is still unsolved.

Patti Hart — the Yahoo director in charge of the search that resulted in the hiring of Scott Thompson as its CEO, making her directly responsible for a clearly botched vetting of his academic record — will not stand for re-election to the board at the next annual meeting, according to sources close to the situation.

Hart — who is CEO of International Game Technology, which makes electronic gaming equipment and systems products — is resigning. Apparently, said sources, her own board asked her to remove herself from the Yahoo mess to better focus on the company she actually runs.

But she is perhaps just a few steps ahead of being pushed, given her key role in the hiring of Thompson, who was president of eBay’s PayPal payments unit when he cold-emailed Yahoo director and Intuit CEO Brad Smith seeking the job.

A Yahoo spokesman declined to comment.

[UPDATE: Yahoo confirmed the inevitable departure later in the day and said the Yahoo board would have nine members going forward. Hart also released a statement, confirming the move.]
Hart, who came to the Yahoo board in 2010, has been head of its corporate governance and nominating committee.

The departure makes her the first casualty — but definitely not the last — of the controversy over how a fake college degree managed to get in Yahoo’s regulatory filings via Thompson’s inaccurate bio.

The issues around how Thompson was hired — including how background checks on him failed to discover that he never got a CS degree from the Boston area’s Stonehill College, as his longtime bio on eBay had claimed — are part of a new investigation by the board.

That will be officially announced later today, along with the hiring of an outside law firm to conduct the probe, which will be headed by independent director Fred Amoroso.

[UPDATE: Yahoo officially said it was forming a special committee to look at Thompson's bio snafu and the circumstances around his hiring. Along with Amoroso, the other members are John Hayes and Thomas McInerney, independent directors who joined the board in April.

"The special committee and the entire Board appreciate the urgency of the situation and the special committee will therefore conduct the review in an independent, thorough and expeditious manner," a statement from Yahoo said.

Interestingly, the statement did not include a show of support for Thompson, which often happens in such circumstances.]

They will have a lot to investigate. Such as this mystery: Thompson’s correct bio appeared in filings eBay made with the Securities and Exchange Commission, while Yahoo’s similar documents were inaccurate about his educational credentials.

Also under scrutiny: How the falsehood was added to Thompson’s public resume, and who put it there; why Thompson never noticed the error, there since at least 2004; why he declined to correct it when asked directly about it; and who at Yahoo might have known about the problem before the hiring.

It’s a basic case of who, what, where, when and how. And, most of all, why anyone would make such a dumb mistake.

Hart would seem to have all the answers to that, along with a forensic firm that worked on the vetting. Key Yahoo staffers were also involved, said sources, although its headhunting firm on the CEO search, Heidrick & Struggles, was not used in relation to Thompson.

Presumably, there is a paper trail of some sort, which was the subject of a legal demand by activist shareholder Daniel Loeb of Third Point yesterday. He uncovered the bio error last week, in the middle of pressing a proxy fight to garner board seats.

Loeb’s allegations also nailed Hart in much-less-egregious padding of her own college record, making it appear as if she had economics and marketing degrees. She has one in business administration, with “specialties” (Yahoo’s ridonkulous word, not mine) in economics and marketing.

While Hart’s leaving might assuage some, providing a convenient scapegoat to the bizarre situation, this is by no means over for Yahoo or Thompson.

Another increasingly potent issue is the ever-declining morale at the Silicon Valley Internet giant over the company’s odd response — it initially called the bio problem an “inadvertent error,” without further explanation — and also Thompson’s lack of transparency on the issue.

He released an email to employees last night, apologizing for the “distraction” of the resume issue, but not for the error itself.

That, and other of Thompson’s actions — he has been described to me, by many close to the situation, as defiant over the issue, and as blaming Loeb for conducting a personal vendetta — did not sit well with many, both inside and outside Yahoo.

A Yahoo spokeswoman told me earlier this week that there is much support for Thompson internally and externally, but declined to provide specifics.

But message boards I read were mostly negative about him, as are a plethora of direct emails to me on the situation. One clever commenter on this site bemoaned that Thompson might get off “Scott-free.”

Ouch! Nonetheless, the atmosphere at Yahoo is indeed unsettled.

“Sentiment from employees is unanimous that he must go,” said a Yahoo employee, who has no personal agenda that I can grok, in a common refrain. “He clearly knew and lied for years; and his handling since exposed has been unacceptable.”

Unacceptable or not, though, Hart is the only one going for now. But stay tuned.

Until then, here’s an appearance I made today on WSJ.com to talk about Hart’s departure:

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• CEO Says Sorry to Yahoos for Borked Bio “Distraction” — But Will Mea Culpa Work Without an Apology for Error? (Memo)
• Buffett Comments on Trust Issue in Yahoo CEO BioGate: “You’ve Got a Problem”
• Loeb Lobs Lawsuit, as Expected, at Yahoo’s Borked Bio Mess
• As Yahoo CEO Reaches Out to Top Staff, Board Meets to Weigh “Options” (I.E., Deciding Who Gets to Take the Borked Bio Blame)
• Yahoo Should Expect Incoming Lawsuit Lobbed by Loeb Tomorrow on CEO Hiring
• They Shoot Yahoo CEOs, Don’t They? But Not Without a Really Smoking Gun and a Much Stronger Board.
• Yahoo’s Thompson Asks Employees to “Stay Focused” — Except Not on Him
• In 2009 Interview, Yahoo CEO Does Not Deny He Has a CS Degree, and Calls Himself an “Engineer” (Audio)
• Yahoo’s Board Will “Review” Resume Discrepancy of CEO
• How Did a Phantom CS Degree Get on CEO’s Bio in SEC Filings? Yahoo’s Not Saying.
• Yahoo’s Response on CEO’s Computer Science ResumeGate: “Inadvertent Error”
• Dan Loeb Alleges “Discrepancies” on Yahoo CEO Scott Thompson’s Resume Related to Computer Science Degree

]]> http://allthingsd.com/20120508/exclusive-yahoo-director-in-charge-of-botched-ceo-vetting-to-step-down-from-board/feed/ 0 http://allthingsd.com/20120506/as-yahoo-ceo-reaches-out-to-top-staff-board-meets-to-weigh-options-i-e-figuring-out-who-gets-to-take-the-borked-bio-blame/ http://allthingsd.com/20120506/as-yahoo-ceo-reaches-out-to-top-staff-board-meets-to-weigh-options-i-e-figuring-out-who-gets-to-take-the-borked-bio-blame/#comments Mon, 07 May 2012 03:27:43 +0000 Kara Swisher http://allthingsd.com/?p=204185

Even as Yahoo’s board was kibitzing all weekend about how to handle the continuing resume-padding controversy around its recently hired CEO Scott Thompson — including hiring its own outside crisis communications firm to represent it — he was working the phones to keep top staff apprised of the evolving situation.

While Thompson told those he spoke to that he was limited in what he could say and blamed a “personal vendetta” by an activist shareholder for his troubles, being proactive in this regard is probably a good idea.

That’s because multiple sources said he said exactly nothing in various strategy meetings with top employees last week about allegations leveled by Dan Loeb of Third Point, which proved correct, that Thompson had not gotten a computer science degree in college, as his longtime bio had claimed.

“It was the gorilla in the room and it was awkward in the extreme,” said one exec present at the meetings. “He never brought it up, which was even worse.”

At this point, it seems unlikely that Thompson can regain the confidence of many at Yahoo — even though a company spokeswoman said he received a lot of incoming support too, both externally and internally — until he can render some cogent explanation about how the borked bio got into both Yahoo’s public site and also its more critical regulatory filings.

Even more mysteriously, how the error was never present in filings with the Securities and Exchange Commission made by eBay, where Thompson led its PayPal payments unit, although his public eBay bio has also been wrong for close to a decade.

And, most of all, how was it that Thompson never caught the mistake himself — even when directly asked about it — despite the likelihood of reviewing it multiple times over those many years and ultimately certifying it for Yahoo’s own SEC filings.

Calling Encyclopedia Brown to solve the Case of the Computer Science Degree That Wasn’t!

Thompson has given no explanation about the debacle to the bulk of the Yahoo staff at all levels, save for an information-free and terse note to employees on Friday afternoon that essentially asked them to focus on their work instead of his bizarre crisis.

Unfortunately for him, many Yahoos are focusing a lot on Thompson, with message boards at the Silicon Valley Internet chastising their CEO and giving him support that is tepid at best. From interviews I have had with two dozen employees this weekend, to say morale is at an all-time low is perhaps understating the situation.

Here is a short selection of comments that were read to me, for example:

“Resume padding is one thing, but lying about something that is so easy to check is puzzling.”

“There is no reason to let it slide by … This isn’t some guy who’s trying to impress a date … It’s sad that we just accept this kind of stuff from corporate heads and politicians.”

“Having some document to prove you can do a job is not all that important, lying about it is.”

What appears to trouble employees the most in the threads I was read was the nonchalance of the initial Yahoo statement about the issue, which called the addition of a fake degree on Thompson’s bio an “inadvertent error.”

“From a pure employee perspective, it feels like it is a violation of their principles,” said one person, reflecting a dozen or more conversations I had this weekend up and down the organization. “And anyone else would probably be immediately fired for this, even with an explanation.”

Said another: “He clearly knew and lied for years; and his handling since exposed has been unacceptable.”

As I noted above, a company spokeswoman said there was also much support for Thompson (pictured here) within the company, but declined to provide any quotes or details.

Presumably, some answers will be coming from a board investigation aimed at getting to the bottom of the situation, including trying to grok who put the error in the bio in the first place.

My bet: They’ll try to pin it on a lower-level minion, although that will not fly with a lot of people.

Including me, because whoever typed in the faux degree, its presence there has been too long for Thompson not to be responsible for it.

Flunky error or not, there are important questions about whether Thompson himself provided a bio that contained the inaccuracy to the board when he put himself forth for the job via direct emails to Yahoo director and Intuit CEO Brad Smith.

That line of thought basically boils down to: Can Thompson not read?

More problematic is the fact that the placement did not come via Yahoo’s headhunter on the CEO search, Heidrick & Struggles, which apparently was not charged with doing a background check on Thompson.

Instead, the director in charge of the search, Patti Hart, sources said, hired another forensic firm, which appears to have missed Thompson’s erroneous academic record.

The only thing completely clear amidst all the confusion: Hart screwed up by botching an extremely simple part of a vetting she was charged with. That makes her vulnerable, of course, along with other Yahoo board members or staffers closely involved in the talent search.

While Hart (pictured here) is in a much dicier position, Thompson still appears to have initial board backing — at least for today — as it’d be a very tough call to fire yet another CEO so quickly in the middle of several key deals for Yahoo, as well as a proxy fight.

Said one person close to the situation, the board is still considering its “options,” in an effort that is being led by independent board member Fred Amoroso.

So, it will be instructive to see how the board will proceed tomorrow — especially since it is likely that Loeb will lob a lawsuit to try to get more information on the Thompson hiring process.

But it’s started by hiring its own outside communications firm, Sard Verbinnen, which has handled other crises for Yahoo in the past.

Sard’s Charles Sipkins — welcome back, Charlie! — had no comment about the board’s next move, except to reiterate its statement from last week that it is looking into the Thompson bio mess and will make appropriate disclosures at some point.

We can’t hardly wait.

RELATED POSTS:

• Yahoo’s Parting With Thompson Will Be for “Cause” (a.k.a. CSLie)
• Ross Levinsohn’s Yahoo Plan: Back to the Future
• Here’s New Yahoo CEO’s First Note to Troops! (The Leaking-Internal-Memos-to-ATD Policy Remains in Effect As Usual)
• Yahoo Officially Confirms ATD Report on CEO Changes and Proxy Settlement
• Meet the Man I Call “The Hair”: The Video Stylings of Yahoo’s Newest CEO Ross Levinsohn
• Will Thompson’s Ouster Mean a Yahoo-Facebook Patent Settlement Too?
• Exclusive: Yahoo’s Thompson Out; Levinsohn In; Board Settlement With Loeb Nears Completion
• Heidrick & Struggles Slaps Back at Thompson’s Yahoo in Blame Game Over ResuMess
• Is He In or Is He Out? Crunchtime for Scott Thompson at Yahoo.
• Not So Scott Free? Yahoo’s Other Big Shareholder — Cap Re — Leaning Toward Supporting Loeb Over Thompson ResuMess.
• Tech Nation’s Gunn Says She and Yahoo CEO Discussed Their CS Degrees Before 2009 Show (Video and Audio)
• Loeb Calls Again for Thompson Firing From Yahoo, as Former eBay Boss Supports Him
• Place Your Bets: Will Loeb Drop Another Bomb on Yahoo at Vegas Confab Later Today?
• Exclusive: Yahoo Director in Charge of Botched CEO Vetting to Step Down From Board
• CEO Says Sorry to Yahoos for Borked Bio “Distraction” — But Will Mea Culpa Work Without an Apology for Error? (Memo)
• Buffett Comments on Trust Issue in Yahoo CEO BioGate: “You’ve Got a Problem”
• Loeb Lobs Lawsuit, as Expected, at Yahoo’s Borked Bio Mess
• As Yahoo CEO Reaches Out to Top Staff, Board Meets to Weigh “Options” (I.E., Deciding Who Gets to Take the Borked Bio Blame)
• Yahoo Should Expect Incoming Lawsuit Lobbed by Loeb Tomorrow on CEO Hiring
• They Shoot Yahoo CEOs, Don’t They? But Not Without a Really Smoking Gun and a Much Stronger Board.
• Yahoo’s Thompson Asks Employees to “Stay Focused” — Except Not on Him
• In 2009 Interview, Yahoo CEO Does Not Deny He Has a CS Degree, and Calls Himself an “Engineer” (Audio)
• Yahoo’s Board Will “Review” Resume Discrepancy of CEO
• How Did a Phantom CS Degree Get on CEO’s Bio in SEC Filings? Yahoo’s Not Saying.
• Yahoo’s Response on CEO’s Computer Science ResumeGate: “Inadvertent Error”
• Dan Loeb Alleges “Discrepancies” on Yahoo CEO Scott Thompson’s Resume Related to Computer Science Degree

]]> http://allthingsd.com/20120506/as-yahoo-ceo-reaches-out-to-top-staff-board-meets-to-weigh-options-i-e-figuring-out-who-gets-to-take-the-borked-bio-blame/feed/ 0 http://allthingsd.com/20120505/they-shoot-yahoo-ceos-dont-they-but-not-without-a-really-smoking-gun-and-a-much-stronger-board/ http://allthingsd.com/20120505/they-shoot-yahoo-ceos-dont-they-but-not-without-a-really-smoking-gun-and-a-much-stronger-board/#comments Sat, 05 May 2012 16:33:02 +0000 Kara Swisher http://allthingsd.com/?p=203924

Earlier today, Yahoo’s persistent thorn, activist shareholder Dan Loeb of Third Point poison-penned another letter to the board of the Silicon Valley Internet company, demanding that Yahoo fire its new CEO Scott Thompson, as well as director Patti Hart, over bizarre inaccuracies related to their academic achievements.

“Permitting Mr. Thompson and Ms. Hart to stay with the Company after apparently violating the Code of Ethics sends a message to all Yahoo! employees that a different set of rules applies at the top,” Loeb wrote.”[Yahoo must] terminate Mr. Thompson for cause immediately given his demonstrable unsuitability to remain Chief Executive Officer and a director of Yahoo! and accept the resignation of Ms. Hart for similar reasons.”

And while many across the blogosphere — including some very clever tweets — called for his head tout de suite, that’s just not going to happen.

At least for now, at this early point in a controversy over Yahoo filing legal documents that misrepresented Thompson’s long-ago degree from Stonehill College.

In a nutshell: Thompson does not have a computer science degree, as he had maintained he did in public bios for almost a decade, a falsehood that mysteriously seeped into documents Yahoo filed with the Securities and Exchange Commission.

That’s bad news for Yahoo, for sure, on many levels, but moving against Thompson at this moment is not likely to be the answer — for the short term, at least.

That’s due to many reasons, that I like to think of it as three hopelessly complex puzzles that need solving pronto.

The What-Did-Yahoo-Know-and-When-Did-It-Know-It Question

There is no question the first thing Yahoo’s board needs to do is a thorough investigation to determine how a borked bio could proliferate so widely and for so long.

Most importantly, Yahoo will have to reveal if Thompson actually gave them this incorrect information, as he aggressively lobbied for the then-open CEO job.

As I had previously reported several times, Thompson cold-emailed a Yahoo director — Intuit CEO Brad Smith, as it turns out — despite not being on the list of potential candidates. Thompson was then shuttled over to Hart, who was running the vetting process with the help of headhunting firm Heidrick & Struggles, and hired within weeks.

Oddly, sources said Thompson never filled out the required informational papers for the job, nor did Heidrick conduct the normal background check on him. Instead, another forensic firm Yahoo hired did the work.

If it turns out Thompson gave any of them the bad bio info, it would be quick curtains for him.

But if Yahoo’s board members obtained his info on their own, the next key query would be how no one at Yahoo — especially its legal and compliance staffers, as well as outside help — managed to catch the problem during the vetting of Thompson.

Here are some good questions to start with:

Who put a faux computer science degree on Thompson’s bio in the first place, why and when did it happen?

Where did Yahoo get the inaccurate information?

Who was in charge of checking Thompson’s academic record for Yahoo?

And, who checked the work of the checkers?

The problem is made more complicated, because correct information was easily available in the SEC filings of eBay for years, since Thompson was head of its PayPal payments unit.

While the resume information was indeed wrong on eBay’s Web site and on numerous bios of Thompson for years, how did eBay legally get it right while Yahoo did not?

That calls into question the expertise of the company, its directors and those they hired to make sure execs were completely on the up and up, a task they clearly failed at.

If rank incompetence is the reason, which it looks like it might be, expect certain board members and other Yahoo staffers to go, along with anyone who helped in the Thompson vetting, or lack thereof.

Unless, of course, the gang-that-couldn’t-shoot-straight actually did shoot straight and some one at Yahoo found out about the educational discrepancy before the new CEO was announced, but declined to fix it.

While sinister, such a scenario is not entirely implausible, given how much pressure Yahoo was under at the time to hire a CEO quickly, due to Loeb and his looming proxy fight.

If any evidence were to surface that this was so, it is curtains all around, which would rain the kind of disaster down on Yahoo’s Sunnyvale HQ that would make Loeb’s attacks look like a Nerf battle. Instead, it would be “The Hunger Games” — except that no one survives.

The Chaos-in-Sunnyvale Conundrum

Which brings us to the profound implications of Yahoo jacking its second CEO within six months.

While it’s easy to yell “Fire the CEO” on a crowded Twitter, it’s simply not so easy in practice.

How long did it take Yahoo’s lugubrious board to figure out Carol Bartz needed to go? A … long … time. (And, she had a CS degree!)

More to the point, Thompson — and his not-so-merry band of consultants from Boston Consulting Group and, this week, McKinsey & Company — has only just completed a massive layoff of 2,000 employees and a jarring restructuring of management.

He’s also in the early stages of rolling out a new and decidedly still-squishy strategic plan to top execs (also just this week), along with working on some other key initiatives.

That includes renegotiating its search partnership with Microsoft; noodling around on a possible deal with Google; contemplating the sale of a variety of assets; and — oh, yes — trying to take on social networking Godzilla Facebook over patent infringement.

Busy much?

But, most importantly, Thompson is now the umpteenth Yahoo CEO to be working on the never-ending talks with its Asian partners over selling back a piece of the company’s lucrative stake to them.

While Yahoo CFO Tim Morse and head lawyer Mike Callahan are the point men on the deal, the lack of CEO would be an issue in the now-proceeding again talks.

This is a sale that must — and I underscore must — get done and soon, giving Yahoo much-needed breathing room and a whole lot of cash to fork over to increasingly disgruntled shareholders.

So, expect Yahoo to try to milk that deal for all it’s worth in the coming week, in order to give the appearance, at least, of positive forward momentum.

And, like it or not, Thompson has to play a key role in it getting done.

Thus, the likelihood of wait-and-see over point-and-shoot on Thompson is higher than you might think.

That’s especially true given four members of the board are leaving within six weeks and have either or are in the process of being replaced by new members.

Then, Thompson will be their problem to solve.

Again, no small thing, since the old crew — led by feckless Chairman Roy Bostock — is not likely to want to end its appalling tenure with yet another disaster.

Such a move would further tarnish the legacy of its outgoing directors, although I am not sure how it could be any more sullied, given their consistent record of one bad decision after the next.

What do I really think? I think this cursed board will maintain its 100 percent score of doing the wrong thing at the right time.

It could be a different case with the new directors, of course, who all seem pretty sharp and not as easily impressed by a record of failure.

They will surely be monitoring Thompson carefully, as will employees, who have taken to internal message boards with a rage not seen in a while over the resume debacle.

Their morale might be one uncertainty impacting Thompson’s fate. If a lot of key employees continue to bolt Yahoo or those remaining more loudly express their disdain for the bio antics, the new directors might listen.

The Whatever-Loeb-Says-We-Won’t-Do-Till-Later Head-Scratcher

Which brings us back to Loeb, whose noisy campaign to grab seats on the Yahoo board has certainly hit home this week.

And, though Yahoo likes to ding him a lot, since he started his campaign of terribly entertaining investor terror, a lot of what he’s been calling for has happened.

That includes a major flushing of the board — with five longtime members, including co-founder Jerry Yang, going, going and gone.

In addition, Loeb brought pressure to slow down some questionable deals, from Yahoo’s PIPE dream to a tax-free spinoff in Asia in a deal only an accountant could love.

He’s also — though they try to deny it — got the Yahoo directors in the dangerous habit of reacting to him, rather than playing their own game.

While the Yahoo board has resisted any deal with Loeb (pictured here), blaming him for rejecting their kind offers of settlement, it is he who is setting the tone more than Yahoo.

And that tone is of alarm and trouble and chaos at Yahoo.

That’s not going to work to convince other Yahoo investors to back his cause — in fact, Loeb has a decidedly uphill battle to win his proxy challenge — he has still scored a direct win with the bio relevations.

So far, though, Loeb has not sunk Yahoo’s battleship, so it is unlikely the board will acquiesce to his latest demand of Thompson being fired by noon on Monday.

Maybe it will eventually, or maybe it will just scold Thompson or maybe it will do nothing at all.

All that is an unknown — a riddle, wrapped in a mystery, inside an enigma, with a lot of managerial incompetence thrown in. And that, most of all, is the sad definition of today’s Yahoo.

RELATED POSTS:

• Yahoo’s Parting With Thompson Will Be for “Cause” (a.k.a. CSLie)
• Ross Levinsohn’s Yahoo Plan: Back to the Future
• Here’s New Yahoo CEO’s First Note to Troops! (The Leaking-Internal-Memos-to-ATD Policy Remains in Effect As Usual)
• Yahoo Officially Confirms ATD Report on CEO Changes and Proxy Settlement
• Meet the Man I Call “The Hair”: The Video Stylings of Yahoo’s Newest CEO Ross Levinsohn
• Will Thompson’s Ouster Mean a Yahoo-Facebook Patent Settlement Too?
• Exclusive: Yahoo’s Thompson Out; Levinsohn In; Board Settlement With Loeb Nears Completion
• Heidrick & Struggles Slaps Back at Thompson’s Yahoo in Blame Game Over ResuMess
• Is He In or Is He Out? Crunchtime for Scott Thompson at Yahoo.
• Not So Scott Free? Yahoo’s Other Big Shareholder — Cap Re — Leaning Toward Supporting Loeb Over Thompson ResuMess.
• Tech Nation’s Gunn Says She and Yahoo CEO Discussed Their CS Degrees Before 2009 Show (Video and Audio)
• Loeb Calls Again for Thompson Firing From Yahoo, as Former eBay Boss Supports Him
• Place Your Bets: Will Loeb Drop Another Bomb on Yahoo at Vegas Confab Later Today?
• Exclusive: Yahoo Director in Charge of Botched CEO Vetting to Step Down From Board
• CEO Says Sorry to Yahoos for Borked Bio “Distraction” — But Will Mea Culpa Work Without an Apology for Error? (Memo)
• Buffett Comments on Trust Issue in Yahoo CEO BioGate: “You’ve Got a Problem”
• Loeb Lobs Lawsuit, as Expected, at Yahoo’s Borked Bio Mess
• As Yahoo CEO Reaches Out to Top Staff, Board Meets to Weigh “Options” (I.E., Deciding Who Gets to Take the Borked Bio Blame)
• Yahoo Should Expect Incoming Lawsuit Lobbed by Loeb Tomorrow on CEO Hiring
• They Shoot Yahoo CEOs, Don’t They? But Not Without a Really Smoking Gun and a Much Stronger Board.
• Yahoo’s Thompson Asks Employees to “Stay Focused” — Except Not on Him
• In 2009 Interview, Yahoo CEO Does Not Deny He Has a CS Degree, and Calls Himself an “Engineer” (Audio)
• Yahoo’s Board Will “Review” Resume Discrepancy of CEO
• How Did a Phantom CS Degree Get on CEO’s Bio in SEC Filings? Yahoo’s Not Saying.
• Yahoo’s Response on CEO’s Computer Science ResumeGate: “Inadvertent Error”
• Dan Loeb Alleges “Discrepancies” on Yahoo CEO Scott Thompson’s Resume Related to Computer Science Degree

]]> http://allthingsd.com/20120505/they-shoot-yahoo-ceos-dont-they-but-not-without-a-really-smoking-gun-and-a-much-stronger-board/feed/ 0 http://allthingsd.com/20120427/intuit-just-bought-what-for-424-million-demandforce-thats-what/ http://allthingsd.com/20120427/intuit-just-bought-what-for-424-million-demandforce-thats-what/#comments Fri, 27 Apr 2012 19:14:18 +0000 Arik Hesseldahl http://allthingsd.com/?p=200831 To say that Demandforce had been flying under the radar is putting it mildly. As software-as-a-service companies go, I had never heard of Demandforce, so it came as a surprise when the news broke that not only was software firm Intuit buying it, but was paying $424 million for it.

Flying under the radar — and away from the eyes of the tech press that might have otherwise paid it attention — was sort of the plan, Demandforce chief marketing officer Patrick Barry told me in an interview a few minutes ago. “We built this company the old-fashioned way. That meant putting our customers first. PR and other things were not a priority. Our customers don’t read tech sites. We focused our efforts on reaching out to our customers.”

Whatever it was, it worked. Demandforce, launched in 2003, had attracted $11.8 million in venture capital investments, primarily from Benchmark Capital. By the time of the acquisition announced today, the San Francisco-based outfit had 300 employees, a profitable business with a run rate of $60 million in annual sales and — get this — $12 million in the bank.

So what does Demandforce do? Marketing for small businesses: Dentist’s offices and hair salons and auto-repair shops and scores of other types of small businesses that make up the majority of the U.S. economy and need help reaching out to their customers.

Demandforce, Barry told me, built bridges to the data stored in old-school marketing software programs — and there are dozens of them — that would typically run on desktop machines, freeing up the data and moving it into the cloud.

From there, it would apply its own marketing algorithms to the business: managing appointment reminders, asking customers for feedback and publishing customer reviews. So far, Demandforce has syndicated 1.5 million reviews to Google and CitySearch and other sites like them that accept Demandforce content.

Intuit said in a statement that it will make Demandforce into a new division in its Small Business Group; it will continue to be led by Rick Berry, Demandforce’s president and founder. He will report to Kiran Patel, the executive vice president and general manager of that group.

After the deal closes, Intuit said, it expects Demandforce to add one to two points to its revenue growth in fiscal 2013, and to be neutral or slightly dilutive this year. Intuit shares rose 44 cents, or less than 1 percent, to $58.04.

]]> http://allthingsd.com/20120427/intuit-just-bought-what-for-424-million-demandforce-thats-what/feed/ 0 http://allthingsd.com/20120419/federal-judge-forces-apple-google-others-to-face-antitrust-suit/ http://allthingsd.com/20120419/federal-judge-forces-apple-google-others-to-face-antitrust-suit/#comments Thu, 19 Apr 2012 21:05:04 +0000 Arik Hesseldahl http://allthingsd.com/?p=198228 A federal judge in California today ordered seven tech companies to face private antitrust lawsuit in which they are accused of adhering to secret agreements not to hire each others’ employees.

In a ruling that came down late Wednesday (see the opinion below), Judge Lucy Koh ruled that the existence of agreements between the various companies not to “cold call” employees of the other supports a “plausible inference” that the agreements were signed off at the highest levels by senior executives of each company.

Plaintiffs in the case, all former software engineers who have worked for the various companies, have claimed that the late Apple CEO Steve Jobs, negotiating with Ed Colligan, the former CEO of Palm (now a unit of Hewlett-Packard), talked directly about the matter. Their complaint quotes Jobs as telling Colligan, “We must do whatever we can” to stop cold-calling efforts between the two companies.

The companies being sued are Apple, Intel, Adobe, Google, Intuit, Lucasfilm and Pixar, a unit of Walt Disney. The complaint alleges that the companies conspired to make it harder for employees to move to different jobs between the companies, thus limiting their ability to earn higher salaries. The companies had sought to get the case thrown out.

You can read Judge Koh’s opinion below.

Poaching Case Ruling

]]> http://allthingsd.com/20120419/federal-judge-forces-apple-google-others-to-face-antitrust-suit/feed/ 0 http://allthingsd.com/20120418/squares-next-round-could-swipe-a-4-billion-valuation/ http://allthingsd.com/20120418/squares-next-round-could-swipe-a-4-billion-valuation/#comments Wed, 18 Apr 2012 11:00:58 +0000 Tricia Duryee http://allthingsd.com/?p=197555 Square is seeking to raise a fresh round of capital at a massive valuation of up to $4 billion, according to multiple sources familiar with the situation.

If the company is successful, it will have quadrupled its worth since raising $100 million at a $1 billion valuation only 10 months ago.

While that would be astonishing for a three-year-old company, it’s important to note that negotiations continue, and that investors could ultimately value the company at a slightly more modest number (hmm, like $3 billion?!).

A Square spokesman declined to comment.

Square, which was founded by Twitter inventor Jack Dorsey, has quickly made accepting credit cards via a mobile phone into a mainstream and affordable concept for small merchants.

Over the past year, it has quickly expanded beyond handing out magnetic-swipe readers to offer more robust experiences for both consumers and merchants, including software on the Apple iPad that acts like a register, and software on the iPhone that is a virtual wallet.

The payments method has received a warm reception from mostly small businesses, including taxicabs, food trucks, coffee shops and even lawyers and accountants.

The rumors of Square looking to raise more capital started spreading after Owen Thomas, formerly of the Daily Dot, noticed that Dorsey and Square’s COO Keith Rabois were in Boston and Baltimore, where many institutional investors are based. Thomas called Legg Mason, which confirmed it was looking at the San Francisco company.

Previous investors in Square’s three rounds, totaling roughly $137 million, include Kleiner Perkins Caufield & Byers, Tiger Global Management, Sequoia Capital, Khosla Ventures, Visa and well-known entrepreneur Richard Branson.

The big question is whether Square will be able to demand such a hefty valuation.

To determine that, based on what is known about the company, I did some back-of-the napkin calculations to come up with its annual revenue.

Last month, the company said it is now processing $4 billion in annual transactions. Since we know that Square charges 2.75 percent per swiped transaction, and 3.5 percent plus 15 cents per keyed-in transaction, we can start to get a better picture of its finances.

Let’s assume that a quarter of the company’s transactions are keyed in — which demands the higher rate. That would mean the company’s revenue would total nearly $83 million for swiped transactions, and $35 million for keyed-in transactions. Because of the additional 15-cent fee per transaction, let’s add another $15 million (which might be generous, but would break down to 100 million transactions at $10 apiece).

In all, the company’s annual revenue would then be close to $122 million.

Most, but not all of that revenue, is then handed over to the credit card companies for processing fees.

To be sure, the company has grown quickly since its inception, and has its eyes set on the very large point-of-sales market. This year, Square said it had plans to expand internationally, and has just hired a new executive from PayPal to take the lead on the effort. In the future it could also generate revenue from advertising or other loyalty programs, although it does not today.

But, by at least one historical measure, the valuation is rich beyond belief.

PayPal, which was also looking to disrupt the banking industry by enabling peer-to-peer payments online, was sold for $1.5 billion to eBay in 2002, just months after going public at a valuation of nearly $800 million.

At the time it went public, the company was roughly doubling year over year and had generated $103.7 million in 2001, its first full year of operations — or slightly less than Square’s estimated revenues.

Much like PayPal back then, Square faces intense competition, making alliances with much larger companies or raising big war chests critically important.

Square faces stiff competition and pricing pressure from Intuit, eBay’s PayPal, Google and other upstarts, like Pay Anywhere.

Still, it has made a splash that is seeing major reverberations around the sector, which a big valuation will make larger still.

]]> http://allthingsd.com/20120418/squares-next-round-could-swipe-a-4-billion-valuation/feed/ 0 http://allthingsd.com/20120319/mobile-payments-price-war-heats-up-as-pay-anywhere-slashes-merchant-fees/ http://allthingsd.com/20120319/mobile-payments-price-war-heats-up-as-pay-anywhere-slashes-merchant-fees/#comments Mon, 19 Mar 2012 13:30:07 +0000 Tricia Duryee http://allthingsd.com/?p=187536 Pay Anywhere is continuing a yearlong price war by dropping how much it charges merchants to use its credit card processing service for smartphones.

The company, which is backed by North American Bancard, a privately held credit card processing company, launched its service about a year ago and is arguably less-known than others, such as Square, run by Twitter’s Jack Dorsey and backed by Visa, Intuit’s GoPayment, or PayPal.

In order to try and change that, Pay Anywhere plans to announce today a price drop to make its rates one of the lowest in the sector — by a very slim margin.

It will now charge 2.69 percent of each transaction; in other words, $2.69 for every $100 charged.

In comparison, eBay-owned PayPal, which unveiled its PayPal Here service on Friday, is charging merchants 2.7 percent of each transaction. Intuit also charges 2.7 percent; Square charges a slightly higher 2.75 percent.

Before today’s cut, Pay Anywhere was charging 2.69 percent, plus a flat rate of 19 cents per transaction, making it one of the most expensive. (A spokeswoman said the Pay Anywhere app has been downloaded more than 100,000 times since it launched. Pay Anywhere and North American Bancard does a combined $12 billion in business annually, but she declined to say how much Pay Anywhere processes alone.)

The practice of charging a flat rate and a percentage was common around a year ago, but the payment structures have changed drastically as the competition heated up. For instance, it also used to be common for providers to charge for the credit-card readers, which plug into smartphones. Those are now free, too.

But it’s unclear whether merchants will be attracted to lower interchange rates alone.

Other considerations to take into account are additional features, such as security or software. A good analytics program on the phone can track a store’s inventory; Intuit offers integration with its commonly used QuickBooks software. Square offers cash-register-like services, and PayPal says it will offer the ability to accept checks by snapping a picture of the check using a phone’s camera.

Likewise, Pay Anywhere touts many of these features, including a “built-in Heat Map” to locate sales trends.

While all of these providers are competing against traditional credit card processors and integrators that typically sell both hardware and services, they are also largely going after a different market — the massive offline business that is conducted in cash or by check.

Many merchants, from farmers to taxicab drivers, have been reluctant to pay the high rates that traditional card-processing services charge today, and only accept cash — or visibly cringe whenever a customer pulls out plastic.

]]> http://allthingsd.com/20120319/mobile-payments-price-war-heats-up-as-pay-anywhere-slashes-merchant-fees/feed/ 0 http://allthingsd.com/20120314/with-ipo-buzz-building-ringcentral-hires-new-cfo/ http://allthingsd.com/20120314/with-ipo-buzz-building-ringcentral-hires-new-cfo/#comments Wed, 14 Mar 2012 20:12:20 +0000 Arik Hesseldahl http://allthingsd.com/?p=186373 RingCentral, the cloud-based office phone system that last year raised a $10 million Series D round from Cisco Systems and Scale Venture Partners, has just brought aboard a new CFO.

The company has hired Robert J. Lawson, whose last gig was as CFO of Codexis, a biofuel company. His resume also includes stops at Intuit and General Electric.

RingCentral is essentially an Internet-based phone service that gives a small company an easy way to seem bigger than it is. Its investors include Sequoia Capital, Khosla Ventures and DAG Ventures, and it has raised a combined $44 million in capital since being founded in 2003. The company has about 200,000 businesses signed up, and its service is resold by AT&T.

It has been getting early IPO buzz for about a year. And while the company won’t say that Lawson’s brief will include shaping things up for a roadshow, the fact that Codexis went public in 2010 isn’t exactly going to tamp down the expectation that RingCentral could file an S1 before the year is out. Could hiring bankers be next?

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