Episode Summary:

In this episode of *Litigation and Capital*, Steven Mirsky, founder of Mirsky Corporate Advisors, delves into the step-by-step process of civil litigation against companies. From the initial filing to case resolution, Steven explains the key documents involved, court jurisdiction requirements, procedural options for defendants, and the pivotal role of discovery in shaping legal outcomes.

Key Timestamps:

00:00 – Introduction

01:15 – Documents in a civil case: Complaint, Summons, ADR packet

03:30 – Understanding court jurisdiction requirements

06:45 – Procedural options for defendants: Answering the complaint, Motion to Dismiss, Arbitration

09:20 – Rule 12-B6 and failure to state a claim in commercial litigation

12:00 – Importance and stages of the discovery phase in litigation

15:30 – Contrasting procedural rules between state and federal court

19:00 – Wrapping up insights on civil litigation with Steven Mirsky

About the Show:

*Litigation and Capital* hosted by industry expert Steven Mirsky, offers insightful analysis on the legal complexities surrounding high-stakes issues impacting companies earning ten to a hundred million dollars annually. Through detailed breakdowns and practical advice, Steven helps listeners navigate the intricate world of corporate litigation, turning challenges into opportunities for protection and growth.

Episode Summary:

In this episode of *Litigation in Capital*Steven Mirsky delves into the significance of governing law clauses in contracts. He explains how these clauses determine the applicable law for contractual disputes and why they are crucial for businesses engaging in transactions across different jurisdictions.

Key Timestamps:

00:00 – Introduction

01:30 – Importance of Governing Law Clauses

03:45 – Impact of Jurisdiction on Contractual Disputes

06:15 – Choosing a Neutral Forum

08:20 – Differences in State Laws

10:00 – Venue Clauses vs. Governing Law Clauses

12:45 – Variations in Wording and Legal Outcomes

15:30 – California's Choice of Law Analysis

18:10 – Arbitration Provisions and Governing Law

20:45 – Handling Contracts without Governing Law Clauses

23:00 – Advice for Evaluating Governing Law Clauses

About the Show:

*Litigation in Capital* with Steven Mirsky offers valuable insights into high-stakes legal issues impacting businesses earning between 10 to 100 million dollars annually. Each episode breaks down complex legal concepts, empowering companies to navigate legal complexities and safeguard their assets effectively.

In this episode of Litigation and Capital, Steven Mirsky, partner at Mirsky Corporate Advisors, breaks down how companies can strategically approach litigation readiness to protect what they’ve built. He explains why certain disputes can be resolved before cases even reach court, the credibility factors behind demand letters, and how temporary restraining orders and draft complaints can be leveraged in high-stakes business conflicts. Steven also discusses how executives should weigh litigation versus business objectives, the risks of bluffing, and how preparedness can serve as a powerful tool in negotiations, restructuring, or dealmaking.

[00:01:30] The role of litigation threats in resolving business disputes before filing [00:04:00] Demand letters: structure, credibility, and testing opposing counsel [00:06:00] Pre-litigation tactics: TROs, draft complaints, and regulatory referrals [00:09:30] Strategic decision-making: when to litigate vs. preserve business relationships [00:12:00] The risks of bluffing and how to maintain credibility in disputes [00:14:00] Litigation readiness as a proactive strategy and “earthquake safety kit” for executives

About the Show:

Litigation and Capital with Steven Mirsky, partner at Mirsky Corporate Advisors, breaks down high-stakes legal issues affecting companies earning $10-100 million annually. The show aims to help business owners turn complexity into leverage and protect their assets through expert legal insights and practical advice.