Mark Cuban's 12 Rules for Startups

Anyone who has started a business has his or her own rules and guidelines, so I thought I would add to the memo with my own. My "rules" below aren't just for those founding the companies, but for those who are considering going to work for them, as well.

1. Don't start a company unless it's an obsession and something you love.

2. If you have an exit strategy, it's not an obsession.

3. Hire people who you think will love working there.

4. Sales Cure All. Know how your company will make money and how you will actually make sales.

5. Know your core competencies and focus on being great at them. Pay up for people in your core competencies. Get the best. Outside the core competencies, hire people that fit your culture but aren't as expensive to pay.

Related: Mark Cuban on Why You Should Never Listen to Your Customers

6. An espresso machine? Are you kidding me? Coffee is for closers. Sodas are free. Lunch is a chance to get out of the office and talk. There are 24 hours in a day, and if people like their jobs, they will find ways to use as much of it as possible to do their jobs.

7. No offices. Open offices keep everyone in tune with what is going on and keep the energy up. If an employee is about privacy, show him or her how to use the lock on the bathroom. There is nothing private in a startup. This is also a good way to keep from hiring executives who cannot operate successfully in a startup. My biggest fear was always hiring someone who wanted to build an empire. If the person demands to fly first class or to bring over a personal secretary, run away. If an exec won't go on sales calls, run away. They are empire builders and will pollute your company.

8. As far as technology, go with what you know. That is always the most inexpensive way. If you know Apple, use it. If you know Vista, ask yourself why, then use it. It's a startup so there are just a few employees. Let people use what they know.

How to Raise Money for Your Startup

Raising capital for a startup venture during these difficult economic times has been a major obstacle for many aspiring entrepreneurs. But it's not impossible.

There are several steps budding business owners can take to get in front of prospective investors and to help make sure they pony over the cash you need, says Asheesh Advani, author and co-founder of CircleLending, a peer-to-peer lending service that was acquired by Virgin Money USA in 2007. He now serves as CEO of asset management services company Covestor. Advani was a speaker at Entrepreneur's Growth Conference here on Jan. 11, 2012.Raising capital for a startup venture during these difficult economic times has been a major obstacle for many aspiring entrepreneurs. But it's not impossible.

Here are Advani's best tips for landing the money you'll need to get your business off the ground:

Know the different types of investors. There are three types of people who might invest their money in your business idea: friendly investors, hobby angels and professional investors. Friendly investors are the people you know personally, namely friends and family. Hobby angels are individual investors who are most likely professionals themselves who have some money to spare. Professional investors, of course, include venture capitalists, angels and banks. "Professional investors care most about the economics of your business," Advani says. "Whether they understand your business or not, they're required to consider your business idea, as well as countless others."

Make a list of prospects. Scour your industry and your professional network to put together a first group of people and test your business pitch, he says. If the people in this initial group appear to be interested, expand your list of prospects from there.

"When I started my businesses, I wound up raising money from 75 different investors," Advani says. "Not because I wanted to. I needed to."

He suggests keeping track of your contacts, your meetings and your goals for each of the meetings. Keep in touch with the contacts throughout the pitching process.

Set a closing date. Determine a specific, official date for when interested professional investors need to get you the money they promised -- and hold them to it. When dealing with friendly and hobby angels, Advani suggests a "rolling closing date," meaning that you'll accept the investment money as soon as they're willing to give it. Also, be sure to be clear with friendly investors about what happens if the money they invest isn't paid back on time or at all.

"These are people who are close to you, so do everything you can to maintain a good relationship," Advani says.

Use middle men carefully. Third-party groups can be great for two things, Advani says. They can help connect entrepreneurs to individual investors they didn't otherwise know. Examples include peer lending and investing sites Lending Club and Prosper.

Crowd funding sites are another option. These services -- including Pro Founder andPeerbackers -- can help entrepreneurs collect numerous investments from people via social networks.

But be careful about sharing your business idea online, Advani warns. "Before you post a profile on any of these sites, remember that everyone will know what you're planning to do," he says.

Protect Your Business from a Rogue Employee

Days before Christmas, a New York glass installer who admitted he uploaded an unfinished copy of X-Men Origins: Wolverine to the Internet, received a one-year sentence in federal prison from a U.S. District Court judge who termed his actions "extremely serious."

It's a sad story for Gilbert Sanchez, the glass installer, but what, you ask, does this have to do with my company or start-up? Let's suppose for a moment that instead of installing glass, Sanchez worked for you and, rather than uploading the movie from his home, he did so using his work computer and your company's Internet connection. This circumstance may carry implications for businesses.

Recently, a raft of lawsuits have appeared accusing thousands of individuals of illegally uploading and downloading materials in violation of U.S. copyright laws. Attorneys for film companies -- including one Los Angeles plaintiff that sued more than 5,800 individuals for downloading one particular adult film -- file many of these suits.

OK, so you probably won't see many of these films at the Academy Awards celebration in February, but the plaintiffs in these lawsuits are hell-bent on collecting settlements from a large number of individual defendants. They're in the process of issuing subpoenas to Internet service providers to obtain the name and address of individual subscribers -- including businesses -- to pursue mass settlements.

The question is, what do you do if your company is subpoenaed as a result of a mass filing? TheElectronic Frontier Foundation, a nonprofit founded in 1990 to defend digital rights, says that because these cases are unique you should immediately contact an attorney in either the state where the lawsuit was filed or in the state where your business is incorporated.

Stewart Kellar of the San Francisco-based E-ttorney at Law agrees, but says business owners slapped with a mass file-sharing lawsuit also need to have an Internet Usage/Copyright Infringement policy in place to avoid such legal actions in the first place. He says that policy "should state in no uncertain terms that the Internet is to be used for business and (maybe) personal email use only and for no other purpose."

Kellar suggests that if your business does receive a subpoena from its ISP, it should first be determined if the infringement occurred on a work computer by an employee. If so, the company can offer up the employee to the plaintiff, pay the settlement fee and seek reimbursement from the employee. Or a company can just ignore the demand letter and see if the plaintiff will proceed and make good on its threats.

"A business that provides an Internet connection to its employees or the public is itself an ISP," says Keller. "Unless it knew about the infringing activity and then induced or facilitated that infringement, contributory liability is very unlikely."

What Your Business Can Learn From Apple's Battle with Samsung?

If you haven't been paying attention to the ongoing court battle between Apple and Samsung, you're missing an epic conflict over patents and trademarks, both of which are often overlooked by entrepreneurs when attempting to launch a new product or service.

The dispute centers on Apple's claims that Samsung's products infringe upon its design patents. Per the latest in the conflict, a U.S. District judge ruled last Friday that Apple failed to meet its burden of showing a likelihood of irreparable harm in the injunction it sought against Samsung. As a result, Samsung, the world's largest consumer electronics company, now has the go ahead to continue selling its Galaxy S 4G, Infuse 4G, and Droid Charge phones and Galaxy Tab 10.1 tablet in the U.S.

It's an early Christmas gift for Samsung, but winning a battle does not the war win, according toChristopher V. Carani, a partner in the intellectual property law firm of McAndrews, Held & Malloy and chair of the American Bar Association's Design Rights Committee. Here's what Carani has to say about this seven-month-old court fight and why business owners should pay attention to future skirmishes:

Preliminary injunctions are hard to win but do have impact. Apple had an uphill battle in persuading a judge to pull Samsung's targeted products off the shelves prior to the fact-finding discovery process and full trial based on the merits of Apple's claims. In this case, even though Samsung prevailed on the preliminary injunction, the motion created delay and uncertainty in Samsung's U.S. launch.

Apple's design patents strategy proved effective. Apple's strategy of applying for multiple design patents for the iPhone enabled it to protect itself and was effective in ensnaring Samsung's tablet and smartphone products.

Prior art searches to invalidate patents are critical. When someone claims your product violates their patent, you conduct a search for "prior art" -- that is, anything proving that a product or service existed prior to a given date. Samsung's saving grace in this latest round was that its litigation team located prior art references that undermined the validity of one of Apple's iPad design patents. What Samsung discovered was a 1994 Knight-Ridder video depicting a tablet newspaper of the future, which looks very similar to the iPad and Galaxy Tab 10.1 tablet.

While Samsung doesn't have to take its products off store shelves, the judge found in Apple's favor with respect to one of Apple's iPhone design patents. As a result, Apple has an excellent chance of obtaining a large damages award for that patent infringement as well as for lost profits from Samsung's sales of the Galaxy S 4G and Infuse 4.

How to Start New Hires on the Right Track

Assessing employees starts on Day One. Your hiring process shouldn't be complete until you have a fully-oriented employee with their own development plan -- a clear plan of action that will engage and hold your new hire accountable.

Because the sooner you set expectations for your employees, the more likely you are to have a productive team that supports and grows your business. And that isn't the only benefit. There are three primary reasons to create individual development plans for managing performance. A development plan will:

1. Set expectations for performance. It gives employees clear expectations for their results. Statements in writing mean there is a greater likelihood of meeting or exceeding expectations. Having clear goals makes them more achievable.

2. Create a coaching document and put a process in place with a road map for advancement and a schedule to review progress, which holds managers accountable for providing feedback.

3. Create a benchmark that shows growth and improvement or the lack of progress against goals. This benchmark will assist you in developing your team members at all levels. Creating a record of improvement will make it easier to adjust the job fit for the employees and to make decisions in a more timely way about where you want to invest in developing employees.

Development plans show what employees can do to grow and develop, to advance, to become more valued, and to be more satisfied in their work. They also point out what kind of support and assistance they will need to get where they are going faster.

Components of the Plan
One mistake many managers make, often because they use poorly designed development plan templates, is to take on too many challenges at once. Keep the plan as simple as possible. Identify a combined total of two or three measurable objectives within the following three job-related categories:

• Focus on the employee's career growth. Examples include attending classes, seminars or workshops, or participating in on-the-job training or self-study programs (e.g., books, DVDs or web-based training).
  
• Help the employee improve personal aspects of his or her performance, behavior or conduct. Examples of task-oriented performance goals are improving computer proficiency, time management or presentation skills. Or the employee can focus on correcting behavioral problems that negatively impact group morale, job performance or job satisfaction. Examples of such goals are developing conflict resolution or stress reduction techniques and building collaborative coworker relationships. As with professional development goals, effective performance objectives are well defined, are measurable, and are clearly linked to specific job-related outcomes.
  
• Provide specific assignments to participate in or manage ongoing or future projects. When setting project-oriented goals, outline the scope of the role the employee is to play, list resources and completion time frame, and define the desired result.

Components of an Effective Objective
Objectives must be ones the employee has agreed to accomplish within a specified time. The goals should be specific and challenging but attainable. Identify everything that both the employee and manager need to provide to accomplish the goals as an objective. Each objective should have four parts:

1. State the desired achievement for task mastery or improved behavior.
2. Define the applicability of each goal to the function.
3. Specify the method of learning.
4. State the time frame for achievement.

When to Assess
Many companies tie development to performance appraisal. While it's true you need to set expectations before you can identify areas for growth, employee development is an ongoing process. Reviews should be scheduled as often as needed according to the support, advancement, and abilities of each employee.

Each job and organization will evaluate and measure its employees using a variety of tools. Some of the most common include:

• Biannual or annual performance standards/reviews/appraisals: These usually include quantitative and qualitative sections where both the employee and manager have opportunities to make remarks. They state expectations and goals. The employee's performance is measured against these goals at the end of the time period. Traditionally, these appraisals are directly tied to annual bonuses or pay increases.
  
• Budget and quota measurements: These include measuring a person's performance against budget expectations and quotas. Employees are evaluated based on how well they perform, and rewards are directly tied to performance.

Regardless of how you choose to evaluate employees, using a development plan customized for each individual will make the performance evaluation process easier and fairer and offer ongoing opportunities to provide coaching and feedback throughout the year, not just at performance review time. It also reduces the risk of surprise in the results for the employees.

The manager and employee will work on the development plan together, but the more involved the employee is in determining the areas to work on, the more committed that individual will be to accomplishing the goals. The objective is to create an environment that encourages continuous feedback from managers, which will help employees advance more quickly, achieve more, and avoid unnecessary problems and setbacks.

How Steve Jobs Saved Apple

When Steve Jobs returned to Apple in 1997, the tech company he co-founded more than two decades earlier was on the brink of failure. During the final quarter of 1996, Apple's sales plummeted by 30 percent. Microsoft was the dominant computer company in the market.

As Isaacson recalls in his biography on Jobs, a Fortune magazine story from that time said this of the company: "Apple Computer, Silicon Valley's paragon of dysfunctional management and fumbled techno-dreams, is back in crisis mode, scrambling lugubriously in slow motion to deal with imploding sales, a floundering technology strategy, and a hemorrhaging brand name."

Fresh off a partnership deal with Microsoft that injected Apple with $150 million, one of Jobs' first goals as CEO was to review the company's sprawling product line. What he found out was that Apple had been producing multiple versions of the same product to satisfy requests from retailers. For instance, the company was selling a dozen varied versions of the Macintosh computer.

Unable to explain why so many products were necessary, Jobs asked his team of top managers, "Which ones do I tell my friends to buy?" When he didn't get a simple answer, Jobs got to work reducing the number of Apple products by 70 percent. Among the casualties was the Newton digital personal assistant. Unfortunately, the cut-backs also resulted, in part, in a workforce reduction of about 3,000 employees.

"Deciding what not to do is as important as deciding what to do," Jobs says in the book. "It's true for companies, and it's true for products."

Moving forward, Jobs' strategy was to produce only four products: one desktop and one portable device aimed at both consumers and professionals. For professionals, Apple created the Power Macintosh G3 desktop and the PowerBook G3 portable computer. For consumers, there was the iMac desktop and iBook portable computer. (According to Jobs, the "i" emphasized that the devices were directly integrated with the internet.)

The move to a smaller product line and a greater focus on quality and innovation paid off. During Jobs' first fiscal year after his return, ending in September 1997, Apple lost $1.04 billion and was "90 days from being insolvent," Jobs says in the book. One year later, the company turned a $309 million profit.

Jobs' plan also laid the groundwork for Apple's continued innovation. The company introduced revolutionary products including the iPod portable digital audio player in 2001, an online marketplace called the Apple iTunes Store in 2003, the iPhone handset in 2007 and the iPad tablet computer in 2010.

RIP Steve Jobs

Entrepreneur Steve Jobs, co-founder of Apple Computer Inc., died Wednesday. He was 56.

Jobs' vision for a "computer for the rest of us" yielded a host of products and services that have revolutionized the tech industry, among numerous others. During his reign at the top of Apple, the company introduced the iPod portable digital audio player in 2001, an online marketplace called the Apple iTunes Store in 2003, the iPhone handset in 2007 and the iPad tablet computer in 2010.

While Jobs struggled with health issues including a pancreatic tumor and a liver transplant, Apple's products continued to resonate with consumers, driving mind-boggling profits for the company. Apple says it has sold more than 300 million iPods, over 100 million iPhones and more than 15 million iPad devices. The company has sold billions of songs from its iTunes Store.

Here's a collection of reactions of Jobs' death from fellow entrepreneurs, tech personalities and other notable figures:

Bill Gates, founder of Apple rival Microsoft:

"I'm truly saddened to learn of Steve Jobs' death. Melinda and I extend our sincere condolences to his family and friends, and to everyone Steve has touched through his work.

"Steve and I first met nearly 30 years ago, and have been colleagues, competitors and friends over the course of more than half our lives.

"The world rarely sees someone who has had the profound impact Steve has had, the effects of which will be felt for many generations to come.

"For those of us lucky enough to get to work with him, it's been an insanely great honor. I will miss Steve immensely."

Guy Kawasaki, entrepreneur, venture capitalist and former Apple chief evangelist

"May Steve rest in peace. My deepest sympathy to his loved ones. No CEO has done more for his customers, employees, and shareholders than Steve.

"He changed the world -- my world, your world, the entire world. His words to live by: 'There must be a better way.'

"You changed our lives, Steve, and you showed us that there is a better way. . .we will miss you."

Mark Cuban, Internet entrepreneur and billionaire:

"He was a once-in-a-generation mind. His ability to understand and translate pop culture was second to none. He will be missed."

Google co-founder Sergey Brin:

"From the earliest days of Google, whenever Larry and I sought inspiration for vision and leadership, we needed to look no farther than Cupertino. Steve, your passion for excellence is felt by anyone who has ever touched an Apple product (including the Macbook I am writing this on right now). And I have witnessed it in person the few times we have met."

AOL co-founder Steve Case:
"I feel honored to have known Steve Jobs. He was the most innovative entrepreneur of our generation. His legacy will live on for the ages."

Apple Board of Directors:

"Steve's brilliance, passion and energy were the source of countless innovations that enrich and improve all of our lives. The world is immeasurably better because of Steve."

U.S. President Barack Obama:

"By building one of the planet's most successful companies from his garage, he exemplified the spirit of American ingenuity. By making computers personal and putting the Internet in our pockets, he made the information revolution not only accessible, but intuitive and fun. And by turning his talents to storytelling, he has brought joy to millions of children and grownups alike. Steve was fond of saying that he lived every day like it was his last. Because he did, he transformed our lives, redefined entire industries, and achieved one of the rarest feats in human history: He changed the way each of us sees the world.

"The world has lost a visionary. And there may be no greater tribute to Steve's success than the fact that much of the world learned of his passing on a device he invented."

The overwhelming outcry of sadness, wrapped in accolades, for Jobs also flooded the Twittersphere.

Michael Dell, founder of Dell Inc.
@MichaelDell Today the world lost a visionary leader, the technology industry lost an iconic legend and I lost a friend and fellow founder. The legacy of Steve Jobs will be remembered for generations to come. My thoughts and prayers go out to his family and to the Apple team.

Richard Branson, Virgin Founder
@richardbranson RIP Steve Jobs. A truly great businessman. Inspiration to so many. A real Family man. He will be sorely missed.

Kevin Rose, founder of Digg.com
@kevinrose damn.. damn.. damn.. RIP Steve Jobs

Ben Kaufman, founder of Quirky
@benkaufman "Those who are crazy enough to think they can change the world, are the ones who do.". Thanks Steve. Your products started me on this path.

Gurbaksh Chahal, serial entrepreneur
@gchahal Thank You, Steve Jobs.

Robert Scoble, tech evangelist and blogger
@Scobleizer Rainbow over Silicon Valley. Steve Jobs RIP. @ Sunnyvale

Scott Heiferman, founder of Meetup.com
@heif Sad sad sad sad sad sad sad

Ashton Kutcher, actor, investor and entrepreneur
@aplusk We have all surfed on the wake of Steve Jobs ship. Now we must learn to sail, but we will never forget our skipper.