Who Cares About the Facts? How to Win With Procedure

Litigation and Capital with Steven Mirsky

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.