Litigation and Capital with Steven Mirsky

Episode Summary: In this episode of Litigation & Capital, host Sean O'Connor and Steven Mirsky, founder of Mirsky Corporate Advisors, delve into the complexities of UCC filings and their role in creating valid security interests. The discussion centers on the critical elements that courts examine to determine whether a security interest has attached, such as the type of collateral, the necessi...

Episode Summary: In this episode of Litigation and Capital,  Steven Mirsky, founder of Mirsky Corporate Advisors, delves into the complexities of unconscionability in commercial contracts. Steven explains how courts differentiate between procedural and substantive unconscionability, particularly in high-dollar agreements between sophisticated parties. The discussion covers various scenarios, such...

Episode Summary: In this episode of Litigation & Capital, host Steven Mirsky, founder of Mirsky Corporate Advisors, and co-host Sean O'Connor delve into the complexities of choice of law clauses in contracts. They explore why courts might disregard the law selected by parties and how such decisions can reshape disputes. Steven outlines the high burden of proof required to challenge a choice of...

Episode Summary: In this episode of *Litigation and Capital* Steven Mirsky delves into the intricacies of limited guarantees. He explains how provisions labeled as limited can often translate to open-ended liability for the signer. Steven highlights the importance of scrutinizing guarantee agreements to truly understand the extent of one's obligations, offering valuable insights for business owner...

Episode Summary: In this episode of *Litigation and Capital* Steven Mirsky delves into the concept of engineered defaults in high-risk financing, specifically focusing on Merchant Cash Advances (MCAs). Steven explains how borrowers unwittingly default upon signing such agreements, leading to complex legal entanglements. He sheds light on common pitfalls such as stacking clauses and default trigger...

Episode Summary: In this episode of *Litigation and Capital* Steven Mirsky delves into the intricacies of receivable purchase agreements, shedding light on how these agreements, often labeled as purchases of future receivables, can sometimes function more like loans. Steven explains the key factors that courts consider to determine the true nature of these agreements, offering valuable insights fo...

Episode Summary: In this episode, Steven Mirsky delves into the intricate details of jurisdiction and choice of law in business contracts. He explains how these factors play a significant role in determining the outcome of legal disputes and why they are often overlooked or misinterpreted in contractual agreements. Key Timestamps: 00:00 – Introduction to Litigation and Capital 00:45 – Jurisdiction...

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 ou...

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 Claus...

Episode Summary 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 complaint...

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 ins...

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...

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 discu...

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 sig...

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...

Episode Summary: In this episode of Litigation and Capital, host Kevin Rosenquist and Steven Mirsky discuss common legal strategy mistakes that can undermine business growth. They explore various challenges faced by rapidly scaling companies, from employment law compliance to corporate governance issues, and provide practical insights for businesses earning $10-100 million annually.   Key Timestam...

Episode Summary: In this inaugural episode of Litigation and Capital, Steven Mirsky discusses the complexities of private lending and financing agreements for businesses. He covers crucial topics including usury laws, types of financing agreements, how to identify reputable lenders, red flags to watch for, and what happens during loan defaults. The episode provides valuable insights for businesses...