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If you think small, you should act fast.


NANOTECHNOLOGY ventures now exist throughout the U.S., from Maine to California. Although the field is still in its developmental stage and few companies report revenues, investors are betting big on nanotech. Privately held companies privately held company

A firm whose shares are held within a relatively small circle of owners and are not traded publicly.
 are being funded by angel investors and venture capitalists, and the few public nanotech companies have received support in the public markets.

Nanotechnology relates to materials and products of nanometer size, which is extremely small. A nanometer is one billionth of a meter or about the length of three to six atoms. More specifically, nanotechnology refers to the science of precisely manipulating particles on the atomic level and scaling to three-dimensional products.

Many scientists decry de·cry  
tr.v. de·cried, de·cry·ing, de·cries
1. To condemn openly.

2. To depreciate (currency, for example) by official proclamation or by rumor.
 the concept of a nanotech industry, saying that the term is often used incorrectly. They say nanotechnology is a science that affects many different products and industries, but isn't necessarily an industry into itself. While they may be correct, there is no denying that, to the investment community, nanotechnology is an industry and it is here to stay.

Although nanotech companies still devote the lion's share of their resources to research and development, there are now several commercial products in use. Most notably, Nanofilm's eyeglass eye·glass
n.
1. eyeglasses Glasses for the eyes.

2. A single lens in a pair of glasses; a monocle.

3. See eyepiece.

4. See eyecup.
 lens coating A thin transparent coating applied to a surface of a lens element.  is reportedly on one of every five pairs of eyeglasses eyeglasses or spectacles, instrument or device for aiding and correcting defective sight. Eyeglasses usually consist of a pair of lenses mounted in a frame to hold them in position before the eyes.  sold in the U.S. Nano-Tex's proprietary chemical solution is what creates stain- and wrinkle-resistant slacks sold by Eddie Bauer Eddie Bauer (NASDAQ: EBHI) is a clothing store chain. Headquartered in Bellevue, Washington, and a subsidiary of Eddie Bauer Holdings (formerly Spiegel, Inc.), the company was founded in Seattle in 1920 as "Eddie Bauer's Sport Shop" by its namesake, Eddie Bauer (1899 – , Lee Jeans and several other retailers.

It is no secret that stockholders typically pressure CEOs to create liquidity. Indeed, in response to this pressure and the desire to access larger public capital markets, several nanotech companies have completed reverse merger transactions with public entities over the past two years. Unfortunately, post-merger SEC filings often are not filed in a timely manner and, once filed, can stall with the SEC for several months at a time.

Executives who tolerate these delays are not doing their stockholders any favors. Market prices for technology stocks are notoriously volatile, and a long lapse before a registration statement is declared effective creates ill will among previously friendly stockholders and, quite possibly, could result in a stockholder suit for lost market value. These are unforced errors, and CEOs and CFOs can easily avoid them by retaining SEC counsel with the knowledge and resources to work with the SEC and the appropriate exchanges effectively and efficiently.

Executives at nanotech companies have a tough job ahead. It goes without saying that they must focus on their business and protect valuable, patentable technology. The most successful executives, however, will not continue forward with blinders blind·er  
n.
1. blinders A pair of leather flaps attached to a horse's bridle to curtail side vision. Also called blinkers.

2. Something that serves to obscure clear perception and discernment.
. They will focus on smart financing and, eventually, the right IPO (Initial Public Offering) The first time a company offers shares of stock to the public. While not a computer term per se, many founders, employees and insiders of computer companies have found this acronym more exciting than any tech term they ever heard.  moment.

In the hypercompetitive environment of nanotech, access to public capital is becoming a near necessity in order to act on growth plans and capitalize on Cap´i`tal`ize on`   

v. t. 1. To turn (an opportunity) to one's advantage; to take advantage of (a situation); to profit from; as, to capitalize on an opponent's mistakes s>.
 opportunities. Nanotechnology is red hot, and CEOs should take advantage of the market's enthusiasm.

Rachael Simonoff Wexler is a partner at the law firm of Alschuler Grossman Stein & Kahan.
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Title Annotation:COMMENTARY
Author:Wexler, Rachael Simonoff
Publication:Los Angeles Business Journal
Geographic Code:1U9CA
Date:Oct 10, 2005
Words:488
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