Shareholder Disputes — What Must Happen Before a Case Gets Dismissed

Litigation and Capital with Steven Mirsky

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.