> The VC industry does not follow the American Rule. The unwritten rule is founders must pay for their own attorneys’ fees, plus their VC’s legal fees, up to a negotiated cap.
So, if you did just read the first few sentences, you would have known why the author claims this aspect to be un-American.
That is the reputation.
"The American Rule" is a reference to a norm in law that your opponent pays for their own legal fees, and you pay for yours. See https://en.m.wikipedia.org/wiki/American_rule_(attorney%27s_...
Compare this internationally:
• The English rule is used, under which the losing party pays the prevailing party's attorneys' fees.
So the American rule is that each party bear their own costs of litigation.
Contracts allow parties to fee shift. Although the article equates fee splitting as the American rule, there's technically no such rule for transactions, but it does represent the general American sentiment on the subject, which is that parties should bear their own costs. Requiring the weaker party in a transaction to shoulder the financial load of a dominant party may be a common capitalistic practice, but it's not an American ideal.
I like “Boss of the Boomers”