What's next for seed-stage and early-stage startups in 2023?
2023 PRINDBRF 0197
By Louis Lehot, Esq., Foley & Lardner LLP
Practitioner Insights Commentaries
April 17, 2023
(April 17, 2023) - Louis Lehot of Foley & Lardner LLP discusses recent challenges facing early-stage startups and strategies to overcome them.
Nearly every business, no matter the industry or stage of growth, has faced a historical change in the past three years. First, there was a global pandemic, triggering sharp and deep contraction. Then, we had massive stimulus, followed by runaway inflation. Central banks have responded with a historic tightening of all monetary levers to control inflation.
Meanwhile, the global economy remains turbulent, war is fought on multiple continents, and supply chains for manufactured goods and foodstuffs are disrupted. The icing on the cake came last month with a regional banking crisis that has gone global.
Governments and regulators in the United States can only agree on two things: China and the tech industry are the enemy. Business owners have been forced to make dramatic shifts in their plans, especially for startups.
While the market for seed- and early-stage startups had soldiered on relatively unscathed through the first three quarters of 2022, particularly as compared to their later-stage counterparts, at least in terms of new funding, the data that began to show a seed- and early-stage slow-down in the fourth quarter of 2022, has now crystallized.
According to Crunchbase data,1 in the first quarter of 2023, global funding came in at $76 billion, a 53% decline year from the $162 billion in the first quarter of 2022, and at every stage (44%-54% year over year).
To put it in perspective, seed funding in the first quarter was down 44% year over year. This was an area least impacted by the downturn in the investment we saw in 2022. Early-stage funding was also down 54%. It is already a difficult time to launch a company, and these numbers signal that attracting funding will be an even more significant obstacle for founders.
Below, we look at some of the most significant challenges facing early-stage startups today and strategies to overcome them.

Access to capital

It is now increasingly more work for startups at any stage to raise capital. The cost of capital has increased with rising interest rates, and investors are becoming more cautious.
While startups might be able to raise money with greater ease at the early stages just a few months ago, that is not necessarily true today. Multiples of revenue have come down, as have valuations. Has your business considered all sources of capital, including those previously discarded in other market cycles?
Founders need to be prepared for significant due diligence from potential investors and more investor-friendly deal terms. That is the environment we are in today, and it is not likely to change very soon.
They should also be ready to make their funding rounds last longer. This means planning very carefully and operating at the highest level of efficiency, as the next round could be more complicated than the last.

Burn

With capital coming at a higher price tag, companies must carefully look at their burn. Have easy cost cuts been implemented? Have hard choices been made? Has each project's return on investment been calibrated to cost and the timeline for delivery?
Competition
The competition for early-stage startups is fierce, and a very crowded field exists. There are a lot of startups out there looking to make their mark, and they are all vying for the same investors and customers. This makes it difficult for startups to stand out from the competition, particularly when investors are more hesitant and consumers seem to have infinite choices.
This is not a new issue, but it's amplified today because of the difficulties in securing funding. Differentiating yourself and highlighting what sets you apart is more important than ever. This is true not only when pitching investors but also when positioning your brand to consumers.

Regulation and advances in technology

We know that regulation typically lags behind technological advances, and this can make it difficult for founders to launch their companies centered on rapidly developing technologies. A case in point has been the introduction and rapid adoption of ChatGPT and other generative AI and the need for clear legislation or regulation on the outputs. Generative AI startups will likely have to pivot to account for the regulation that is coming.
Be prepared for regulatory shifts and how those will impact your business down the road. It is critical for startups in these emerging areas to anticipate what is next. Know what is being discussed and proposed and how that might impact you moving forward. What changes will you need to make if there is a major regulatory shift in your industry?

Talent

The war for talent continues but has eased up with big-tech companies letting go of thousands of knowledge workers in the past 12 months. Some big-tech companies have gone through multiple rounds of layoffs and preach that 2023 is the year of efficiency. This is liberating talent for startups.
Startups often cannot compete with the salaries and benefits offered by larger companies. The possibility of a federal non-compete ban could make it even more challenging to keep talent nationwide.
Build a strong team from the start and have the plan to keep them. It's not all about salary and stock options, although these are important tools. As companies return to the office to retain top talent, creative methods, not just free food, will be required.
The point is to know what is important to your employees and to offer those benefits that will set you apart. Create a culture that shows your employees you care.

Most importantly, be prepared to pivot and be patient

The startup world is constantly changing, and startups need to be prepared to pivot their business model as needed. Building a successful startup takes time and effort. Early-stage startups need to be patient and persistent in order to achieve their goals. And remember, new challenges will always be on the horizon, so try to stay ahead of what's next.

Positive, optimistic, creative energy

While times have gotten tougher, seed- and early-stage continue to be a brighter spot than others in venture capital. Historical data shows that investments in seed- and early-stage businesses in the most challenging times yield the highest returns. Being positive, staying optimistic, and feeling creative is the mantra of success every season.
Notes
1 http://bit.ly/3UCabeU
By Louis Lehot, Esq., Foley & Lardner LLP
Louis Lehot is a partner with Foley & Lardner LLP, where he is a member of the private equity and venture capital, mergers and acquisitions, and transactions practices as well as the technology sector team. He advises entrepreneurs and their management teams, investors, and financial advisers at all stages of growth, from garage to global, and helps them navigate liquidity. Based in the firm's Silicon Valley and San Francisco offices, he can be reached at [email protected].
Image 1 within What's next for seed-stage and early-stage startups in 2023?Louis Lehot
End of Document© 2024 Thomson Reuters. No claim to original U.S. Government Works.