Friday, 27 April 2012

Rooftops

Lovelies,

J. Crew Belt

Mulberry for Target Bag, J. Crew Dress.


Necklace- Gift from Cousin



Marc Fisher Shoes, Zoya Polish.


 I asked my mom to take a few pictures on the Rooftop Garden at the Surrey Hotel before heading off to see "Death of A Salesman"... I think they turned out excellently! :)


 The J. Crew dress, which I found online, is made out of a lightweight cotton... absolutely perfect for Spring. I surprisingly didn't own a simple little black dress beforehand. Now, my closet finally feels complete! The necklace was a 16th birthday gift from my cousin...I wear it almost every day! I love how simple, modern and elegant it looks with a bare neck. I purchased the Mulberry for Target bag in December '11 for a last minute winter formal detail. I "borrowed" the belt from my mom's closet (I have an underwhelming amount of black pieces in my closet).


On a side note, "Death of a Salesman" absolutely blew me away. I wasn't expecting such a powerful and honest performance from the incredible cast of actors. Although I found myself literally holding back tears at the final scene, it left me with a message that I've been thinking about all this week. If by any chance you find yourself in New York, BUY TICKETS AND GO. I promise you won't regret it! :)


XOXO,


Em

Thursday, 26 April 2012

NLRB's General Counsel Issues New Guidance for "R" Cases

The NLRB revised its procedures for handling "representation" cases - the NLRB proceedings that relate to elections.  We recently wrote an article about the main revisions here. The NLRB's acting General Counsel issued a memorandum explaining how to implement the new procedures here. You can find some FAQs from the Board here.

Wednesday, 25 April 2012

Window Shopping

Lovelies,


Carolina Herrera

Louis Vuitton

Louis Vuitton

Ralph Lauren

Strolling around the Upper East Side, it's easy to become a victim of rubber-necking...at store windows, that is. Whether I was walking past Carolina Herrera or Louis Vuitton, I couldn't help but admire the intricate and creative displays. I  fell in love first with the eccentric Pink Panther window display, which was a few doors down from our hotel. Then I floated down to Carolina Herrera, where I admired the white dress with the peplum in the window as well. Later, I spent some time in the Louis Vuitton store. Much of the collection didn't seem extremely wearable, but the combination of craftsmanship and design made the collection a work of art. Finally, I was definitely feeling a spring vibe radiating from the Ralph Lauren window.


XOXO,


Em

NEW YORK, NEW YORK

Lovelies,







Last week, I flew out to New York City with my mom to visit a few colleges. Although I've had my fair share of trips to the city, this trip was vastly different from the rest of my previous visits. First of all, it feels AMAZING to be in such an iconic and legendary place all while school is in session. Call me a goody two shoes, but I've never felt happier to be out of school. I was eating breakfast with my mom at Sant Ambreous one morning when I realized how different the pace in the city was compared with the pace in my hometown. Although it would seem like the city would be more stressful, I've found that life in my town can sometimes get out of control.  It was nice to get away from that stress.


Besides feeling free, luck seemed to be in my favor this entire trip. I ran into Natalie Portman not once, but TWICE (She's the CUTEST and has excellent taste in clothing), and somehow wound up with front row seats to 'Death of a Salesman' with Phillip Seymour Hoffman and Andrew Garlfield. This was definitely a mixed blessing, since the proximity to the actors on stage made the show even more intense (AKA-I didn't want to cry in front of a cast of extremely talented actors).....


Oh, and of course, I took enough photos to post eight new entries....no big deal. ;) Get ready to follow my trip to the one and only NEW YORK CITY.


XOXO,


Em

Monday, 23 April 2012

angel investing: top 5 reasons why indie films are like startups


When I tell people that I’ve been an angel investor for five years, they naturally assume I mean investing in tech startups. I do live in Silicon Valley after all, and it is true that since 2007, I have invested in a number of successful (and some not-very-successful) startups. 

But that same year, I also did my very first investment in an independent film, and I’ve learned a lot about that industry in the past five years. I think it’s a good time to reflect back.

Incredibly, the number one question I get asked by people who have no problem with the idea of investing in the latest unproven iPhone app or social gaming company is:  Aren’t independent films really, really risky??

You bet they are. But then again, so are tech startups.  

It’s rumored that 90% of startups and 90% of indie films don’t make any money for their investors.   I don’t know for certain, but my guess is that the failure rate of startups may actually be higher than independent films. 

The main difference is that when a startup fails (and they do, often, trust me – in the press we usually only hear about the successful ones), as an investor you usually end up with nothing less than the clichéd worthless stock certificates that you can use as wallpaper in your bathroom!

At least with a film, even if it’s not a financial success, you have a finished product that you can watch and recommend and enjoy.  And when a film is both an artistic and financial success, it can be rewarding in ways that most tech startups never approach.

In fact, I got involved in film investing for the same reason that I got involved in startup investing – as a way to help entrepreneurs who had an idea that they wanted to bring to the world.  Since then I’ve invested in and become an executive producer of quite a few indie films (see my imdb page for some of them) – starting with smaller budget films like Turqouise Rose and Raspberry Magic, and more recently higher visibility projects like the visually stunning and insightful documentary Thrive: What on Earth Will It Take? and the upcoming horror/fantasy flick Knights of Badassdom.

Unlike startups though, there isn’t really a good eco-system for angel investing in films, and young film-makers usually struggle to get their first film made. Similarly most angel investors are at a loss when navigating the treacherous waters of Hollywood.

That’s how I got involved in my first film, shot on the Navajo reservation in the Four Corners region of Arizona.  Travis Hamilton, a young film-maker fresh out of film school, had a vision for a film about a Navajo girl.  Not only did he not have a track record, but he was in a very un-commercial genre, and most seasoned investors weren’t going to give money to him, (you can read a little bit about this investment in an article in the wall street journal blog which mentioned my first investment, and a group called Film Angels that I’m a part of in Silicon Valley,  here ).

But like startups, when they go right, indie films can be quite lucrative (think My Big Fat Greek Wedding).   So in support of independent film-makers everywhere, and to encourage my fellow Silicon Valley angel investors (of which there are lots) to support film entrepreneurs (of which there are also lots), here are my top 5 reasons why investing in independent films is like investing in tech startups:
  1.  It all begins with an entrepreneur and an idea, usually one that nobody will fund because “it’s too risky”.  OK, so not exactly.  In film it usually starts with a script or a book.  In many smaller budget indie films, the scriptwriter is often the director and main producer, meaning that they’re basically a one-man show.  Usually filmmakers who think of themselves as entrepreneurs and not “creative types” are more likely to get their project off the ground.

  2.      You have to pitch to “the big boys”, but usually it’s usually small money that gets a project off the ground. Just like entrepreneurs here in Silicon Valley, who pitch too early and too often to “the big boys”, the venture capital firms on Sand Hill Road, so filmmakers end up pitching to studios.  Like studios, VC firms will turn down most of the pitches they hear and invest in only a few per year.  Like entrepreneurs, filmmakers who have been turned down have to find angels to invest in their projects.  Many big budget films start off as options on literary properties.   A few years ago I met one of the guys who bought the movie rights to Batman in 1980, and it took almost a whole decade before it became a big budget production.   Of course, like entrepreneurs who take too much VC money and lose control of their company, this can happen if you go the standard Hollywood route.   In this case, the original Batman rights holders lost control of the project creatively and financially.   The alternative to studio money is to go the independent route, where filmmakers can keep more creative control and influence their productions.

  3.      Later stage investments are less risky than earlier stage investments.  While most of us in Silicon Valley know about startup investments – seed round, series A, series B, late stage, etc., I didn’t really understand that the same is true for film.  The stages are a bit different – usually the development stage can begin even before the script has been written, then there’s pre-production, production, post-production, and then distribution – which involves p&a funds (print and advertising) for a theatrical release.  It turns out that just like investing in a late stage company is usually less risky than investing in two guys and a business plan, so the later stage investments tend to be less risk - i.e. think DST’s investment in Facebook after it was already successful.  In fact, there are entire funds dedicated to providing finishing funds for a film and p&a monies to films.
  4.      It’s all about distribution.  While a few startups succeed because they have a great product, most succeed because of their distribution channels – getting a good product to the target market.  The same is true of indie films – the films which are successful financially are usually the ones who understand the distribution side of the business and have a core audience that they are able to reach.  Not all films gets theatrical distribution – this is a fact of the film industry, but film-makers who understand this are the ones who are prepared for it.  Most profits from most films actually come from DVD releases, not the box office numbers that the press focuses on.  Of course the more anticipated a film is, the easier it is to get the right distribution channels in place.

  5.      Stars are helpful, but not necessary. In the startup world, VC’s love to invest in entrepreneurs who’ve “been there and done that”.  In films, it’s even more pronounced – even a smaller budget indie film can benefit from having a star  - think Bill Murray in Lost in Translation.  But television stars can be a great boon to an indie film too - in my upcoming film Knights of Badassdom, we are lucky enough to have Peter Dinklage, who won an emmy for Game of Thrones, along with Summer Glau, who made fan-boy fame in the Firefly and The Terminator: The Sarah Conner Chronicles and Ryan Kwanten, of True Blood fame.
    The most innovative filmmakers are able to get B or C-list stars to make brief appearances in their films, and that’s enough to get the film going.  But it’s also possible to have a breakout hit with no well known stars – think of Bend It Like Beckham, which launched the careers of Keira Kneightly and Parminder Nagra.   The same is true of startups – while it would be nice to invest in Mark Zuckerburg’s new company (if he ever leaves Facebook), it’s probably more profitable (and likely) to invest in the next Mark Zuckerburg who’s starting the next big thing.

Well that’s a very quick overview on what is a pretty complex topic. Of course there are also many reasons why film investing is DIFFERENT like startup investing, and maybe I’ll list those in another post.

In the meantime, if you are thinking about investing in a startup to support a tech entrepreneur, why not think about also investing in an indie film to support a film entrepreneur?

Tuesday, 17 April 2012

NLRB Poster Takes Another Hit

The D.C. Circuit Court of Appeals enjoined the NLRB's implementation of the poster in an order  here.  What poster? See here.  What NLRB?  See here. Thanks, Cal Chamber.

Saturday, 14 April 2012

Ninth Circuit Holds Regular Attendance Is Essential Job Function for a Nurse

Some welcome, common sense ADA analysis.  When a job must be performed at the job site, and the employee is not a fungible member of a group of similar workers who can each replace each other, the employer can require regular attendance as a job requirement.

Monika Samper was a neo natal nurse at a Providence Hospital.  She claimed to have Fibromyalgia, which resulted in poor attendance. She violated the attendance policy and was fired.  She wanted essentially a waiver from the policy.

No sale.

It is a “rather common-sense idea . . . that if one is not able to be at work, one cannot be a qualified individual.” Waggoner v. Olin Corp., 169 F.3d 481, 482 (7th Cir. 1999). Both before and since the passage of the ADA, a majority of circuits have endorsed the proposition that in those jobs where performance requires attendance at the job, irregular attendance compromises essential job functions. Attendance may be necessary for a variety of reasons. Sometimes, it is required simply because the employee must work as “part of a team.” Hypes v. First Commerce Corp., 134 F.3d 721, 727 (5th Cir. 1998). Other jobs require face-to-face interaction with clients and other employees. Nowak v. St. Rita High Sch., 142 F.3d 999 (7th Cir. 1998) (teacher); Nesser v. Trans World Airlines, Inc., 160 F.3d 442 (8th Cir. 1998) (airline customer service agent); Tyndall v. Nat’l Educ. Ctrs., 31 F.3d 209 (4th Cir. 1994) (teacher). Yet other jobs require the employee to work with items and equipment that are on site. EEOC v. Yellow Freight Sys., Inc., 253 F.3d 943 (7th Cir. 2001) (en banc) (dockworker); Jovanovic v. In-Sink-Erator, 201 F.3d 894 (7th Cir. 2000) (tool and die maker); Waggoner, 169 F.3d 481 (production worker); Corder v. Lucent Techs., Inc., 162 F.3d 924 (7th Cir. 1998) (telephone customer support); Halperin v. Abacus Tech. Corp., 128 F.3d 191 (4th Cir. 1997) (computer consultant); Rogers v. Int’l Marine Terminals, Inc., 87 F.3d 755 (5th Cir. 1996) (mechanic); Jackson v.Veterans Admin., 22 F.3d 277 (11th Cir. 1994) (housekeeping aide); Carr v. Reno, 23 F.3d 525 (D.C. Cir. 1994) (coding clerk under the Rehabilitation Act); Law v. U.S. Postal Serv., 852 F.2d 1278 (Fed. Cir. 1988) (mail handler under the Rehabilitation Act).

The common-sense notion that on-site regular attendance is an essential job function could hardly be more illustrative than in the context of a neo-natal nurse. This at-risk patient population cries out for constant vigilance, team coordination and continuity. As a NICU nurse, Samper’s job unites the trinity of requirements that make regular on-site presence necessary for regular performance: teamwork, faceto-face interaction with patients and their families, and working with medical equipment face interaction with patients and their families, and working with medical equipment. Samper herself admits that her absences sometimes affected “teamwork and cause[d] a hardship for [her] coworkers who must cover for [her].” Similarly, once at work, Samper’s tasks required her to “lift babies, push cribs and isolettes.” More critically, she had to “get up at a moment’s notice to answer alarms [and] . . . [o]ften . . . run to codes.”
****
Samper’s performance is predicated on her attendance; reliable, dependable performance requires reliable and dependable attendance. An employer need not provide accommodations that compromise performance quality—to require a hospital to do so could, quite literally, be fatal.

Zing. The case is Samper v. Providence St. Vincent Med. Ctr. and the opinion is here.