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.