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.

Episode Summary: In this episode of Litigation and Capital, Steven Mirsky, partner at Mirsky Corporate Advisors, explains why procedure often determines the outcome of business litigation. From jurisdiction and venue choices to forum selection clauses, motion practice, and arbitration tactics, Steven breaks down how procedural tools shape leverage, costs, and strategy. He also shares practical insights for executives, including the importance of tailoring service contracts with litigation safeguards that can make or break a case.

Key Timestamps:

01:10 – Why procedure often determines the outcome in litigation 02:30 – Common early procedural mistakes companies make 04:00 – Explaining jurisdiction, venue, and forum selection clauses 06:00 – How motion practice controls tempo and outcomes 08:45 – Procedural strategies for plaintiffs vs. defendants 11:30 – Arbitration tactics and cases that languish in limbo 13:45 – The most important procedural safeguard for executives to implement

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.

Episode Summary: In this episode of Litigation and Capital, Steven Mirsky, partner at Mirsky Corporate Advisors, unpacks the complexities of shareholder and boardroom disputes in mid-market companies. He explains how money, generational conflicts, and lack of corporate formalities often drive disputes into full-scale litigation. Steven also details the procedural hurdles of shareholder derivative suits, including demand requirements, futility standards, and continuous ownership rules. Drawing on years of experience, he highlights strategies for managing deadlocks, leveraging bylaws, and using litigation as a tool to gain control or exit ownership.

Key Timestamps:

01:05 – Common sources of shareholder disputes in mid-market companies 02:45 – How generational issues and family conflicts escalate into litigation 04:30 – Procedural hurdles in shareholder derivative suits 06:10 – Why demand requirements are central and highly contested 08:15 – How boards use demand processes to delay or suppress claims 10:20 – Strategies to challenge board control and special litigation committees 12:00 – Deadlocks, dissolutions, and using litigation to force buyouts 14:45 – Leveraging bylaws to secure control without litigation 15:30 – Risks, rewards, and strategic use of litigation in shareholder conflicts

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.

Episode Summary: In this episode, attorney Steven Mirsky, partner at Mirsky Corporate Advisors, breaks down the critical issue of priority between senior and junior creditors. Drawing on real-world examples from restructurings, bankruptcies, and disputes, he explains how creditor priority impacts outcomes, why UCC1 filings are essential, and the risks when priority is challenged. Mirsky also discusses enforcement strategies, negotiation tactics, and key considerations for both creditors and debtors in distressed transactions.

Key Timestamps:

01:10 – The importance of creditor priority and its real-world implications 03:00 – What UCC1 filings are and how they secure creditor rights 05:00 – When creditor priority is challenged in court and how disputes are resolved 07:20 – Enforcement strategies for senior creditors in default situations 09:15 – How junior creditors can negotiate leverage in disputes 10:30 – Using intercreditor agreements to maximize protection 12:15 – Nominee structures and their legal implications 13:40 – Early intervention before insolvency proceedings 15:00 – Litigation risks and opportunities in distressed transactions

About the Show:

Litigation and Capital with Steven Mirsky breaks down high-stakes legal issues affecting companies earning $10-100 million annually. The show helps business leaders turn complexity into leverage and protect their business assets through expert insights and practical advice.

Episode Summary:

In this episode of Litigation and Capital, Steven Mirsky discusses the critical aspects of choosing business partners and structuring partnerships. He emphasizes the importance of formalizing agreements early, understanding personal alignment, and implementing proper legal structures to prevent future conflicts. The conversation covers family partnerships, risk management, and signs of potentially problematic partnerships.

Key Timestamps:

00:01 - Show Introduction

00:45 - Biggest legal mistakes founders make with partnerships

01:01 - Discussion on family partnerships and boundaries

03:08 - Managing misaligned risk tolerance and vision

04:57 - Signs of high-conflict partnerships

06:35 - Critical clauses in partnership agreements

08:30 - Facilitating tough conversations between partners

11:45 - Advice for founders uncertain about partner scaling

13:35 - When to involve legal counsel in partnerships

About the Show:

Litigation and Capital with Steven Mirsky breaks down high-stakes legal issues affecting companies earning $10M-$100M annually. Host Kevin Rosenquist and Steven Mirsky provide practical insights to help business owners protect their interests and turn complexity into leverage.

Episode Summary:

In this episode of Litigation and Capital, host Kevin Rosenquist and Steven Mirsky discuss governance gaps and challenges companies face as they scale through different revenue thresholds. They explore how leadership requirements evolve, the importance of updating legal documents, and managing strategic alignment between stakeholders.

Key Timestamps:

00:01 - Show Introduction

00:52 - Common governance issues at different growth stages

04:30 - Leadership challenges when scaling from $25M to $50M

05:57 - Discussion on shareholder structures and crowdfunding challenges

07:21 - Age-related transitions and business succession

09:11 - Board development importance and dispute resolution

10:30 - Evolution of legal documents with business complexity

13:43 - When to implement formal legal governance

14:18 - Top governance advice for scaling founders

About the Show:

Litigation and Capital with Steven Mirsky breaks down high-stakes legal issues affecting companies earning $10-100 million annually. The show helps business leaders turn complexity into leverage and protect their business assets through expert insights and practical advice.