Strategic Litigation Readiness for Business Executives
What types of business disputes are often resolved by the threat of litigation? Steven Mirsky explained that many disputes never make it to court because the threat of litigation alone can be enough to resolve the issue. For example, companies with significant lines of credit must be careful not to default under material contracts. A […]
Mastering Procedural Strategy in Business Litigation with Steven Mirsky
Why is procedural law often more decisive than the underlying facts in business litigation? Steven Mirsky explained that procedure frequently shapes the outcome of litigation because it sets the framework for how a case is managed. Plaintiffs typically push to accelerate proceedings, while defendants often try to delay. Key decisions—such as whether to file in […]
Navigating Shareholder Disputes in Mid-Market Companies with Steven Mirsky
What are the most common sources of shareholder and boardroom disputes in mid-market companies? Steven Mirsky explained that disputes often arise when ownership structures are informal and money becomes the driving factor. In many mid-market companies, especially those transitioning between generations or lacking strong corporate governance, disagreements over control, compensation, and distribution of profits frequently […]
Why Is the Priority Between Senior and Junior Creditors So Important?
Steven Mirsky explained that the distinction between senior and junior creditors is fundamental in any financing or restructuring. Senior creditors, such as banks or SBA lenders, typically require a first-position security interest in a debtor’s assets. This means that if the debtor defaults, the senior creditor is “first in time, first in line” to recover […]
Choosing the Right Business Partner: Legal Strategies and Partnership Alignment – A Comprehensive Guide
What are the biggest legal mistakes founders make when choosing a business partner? The most critical error is failing to formalize agreements early. Many founders operate informally with a “we’ll handle it later” mentality, especially when partnering with friends. Without proper incorporation, the law may treat the arrangement as a general partnership. Beyond legal considerations, […]
Understanding Governance Gaps: Key Challenges and Solutions for Growing Companies ($25M-$100M Revenue)
How do governance issues emerge as companies cross different revenue thresholds? As businesses evolve through different lifecycle stages, the organizational makeup changes significantly. The leadership team required at $25 million revenue differs markedly from what’s needed at $50 or $100 million. Early-stage companies (0-$25M) typically operate with entrepreneurial leadership focused on creation and possibilities. However, […]
Legal Strategy Guide: Essential Considerations for Scaling Companies ($10M-$100M Revenue)
What are the most common legal blind spots when companies scale rapidly from $10M to $50M? When scaling rapidly, companies often overlook employment law compliance while focusing on growth. Issues include improper hiring procedures, incorrect time tracking, and misclassification of exempt vs. non-exempt employees. OSHA compliance becomes critical for manufacturing operations. Cash flow management and […]
Understanding Business Financing: A Guide to Private Lending, Legal Compliance, and Risk Management
What are the legal limits for high-interest loans and how can you identify usury? The foundation of usury law centers on whether a transaction qualifies as a loan or forbearance. In California, a loan is broadly defined as receiving money today in exchange for future value. The general interest rate cap is either 10% or […]
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