The Eldison law firm, which operates on the European and American markets, specialises in providing innovative legal services with emphasis on technological solutions. And technological solutions, American investments and ESOPs pulsate at every step in California. Miloš (Milo) Poplar is an Eldison attorney with who has been working in San Francisco for more than a year and is the only Czech-californian lawyer in California for the area of technology companies. Eldison’s clients include, for example, the Czech unicorn Mews, the American company Bloomreach, venture-capital firms such as the Czech company KAYA and Czech-Slovak ZAKA and numerous Czech startups such as BetterStack, Deepnote, Fitify, ArtMaster and FaceUp.

Eldison has 38 employees, but there is only one Miloš Poplar in the US. How to avoid lawsuits in the US? And why is the power of failure so great in America? We discussed these issues and more in our interview.

1) Miloš, thank you very much for your valuable time. How did you get into law? Was it what you always wanted to do?

Thanks for inviting me for the interview. I’m very pleased to be here. How I got into law… I think that there wasn’t any one particular reason; rather there were several smaller things. In retrospect, the biggest of those was the drive to solve problems together with a high tolerance for stress.

2) To begin, one of the most basic questions: Does expansion make sense at all for Czech startups?

Definitely. Most Czech startups create products that can be sold globally and the American market is usually the one that provides the highest ROI over the long-term for both B2B and (especially) B2C startups. We usually recommend that startups that have a global team and ambition should establish a company directly in the US, which then improves their position in relation to local investors and clients. Startups then also avoid the higher costs of shifting their business to the US later. If startups want to get started in Czechia or if they need to have a Czech company (from the US perspective, this refers, for example, to the given company’s managers having the possibility of obtaining favourable American work visas), then definitely don’t create any documentation in Czech, but have everything in English (or bilingual) and thus jurisdiction neutral.

3) America is known for the fact that, on one hand, it is very free and, on the other hand legal counsel is necessary. What should startups pay attention to in order to avoid lawsuits in the US?

Unfortunately, the possibility of a lawsuit cannot be fully eliminated, but there are certain situations that more commonly give rise to legal disputes and we can focus on those in order to reduce the risk as effectively as possible. This particularly involves lawsuits filed by (former) employees, clients and suppliers. In the case of employees, we do this through the implementation of processes that standardise both the beginning and end of cooperation with employees in a way that reflects the American legal system. In the case of clients and suppliers, it involves contractual parameters that are within the bounds of market expectations and don’t hinder sales, while also appropriately protecting the client.

4) Are there any specific features of American law that Czech startups should be aware of?

There are a lot of them and they are everywhere, because the American legal system is based on different principles than ours. Many Czech companies are surprised by the differences in establishing a company (for example, the fact that a company doesn’t have partners) or the fact that business dealings happen on the basis of legal principles and practically no one deals with references to particular paragraphs in laws. Most lawyers don’t know them and don’t need to know them.

5) You are based in San Francisco, only a few miles from Silicon Valley, the global centre of innovations and startups. If there is anything that defines that world, it is the way that the local ecosystem views failure. Whereas in Czechia failure is unforgivable, in Silicon Valley it is just as important as success. In what do you see the power of failure?

I think that the acceptance of failure enables entrepreneurs to swing for the fences, i.e. to not be afraid to have big ideas and to look for ways to implement them. The bigger the idea, the greater the chance of failure and if, as an entrepreneur, I know that I won’t be penalised for my failure, I won’t be afraid to take risks and I will seek out the best solution. That’s why the American VC market is so big and successful.

6) The American mindset is something that always surprises Czech startups. What is the most attractive thing about America for you personally?

The focus on solutions. This is related to the acceptance of failure. There is a strong culture here of striving to find the solution to any problem. The bigger the problem, the more people who are interested in helping you solve it. Especially in San Francisco, people will put you in touch with everyone who may be relevant to you; the volume of talent here is truly greater than anywhere else in the world, not just because of the local people, but also because of the endless stream of entrepreneurs from around the world who regularly come here for weeks or even months. Including Czechs.

7) And we’re coming to the final question. What is your life’s motto?

I don’t have one. 🙂

source photo: Milo Poplar