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 discusses enforcement strategies, negotiation tactics, and key considerations for both creditors and debtors in distressed transactions.

Key Timestamps:

01:10 – The importance of creditor priority and its real-world implications 03:00 – What UCC1 filings are and how they secure creditor rights 05:00 – When creditor priority is challenged in court and how disputes are resolved 07:20 – Enforcement strategies for senior creditors in default situations 09:15 – How junior creditors can negotiate leverage in disputes 10:30 – Using intercreditor agreements to maximize protection 12:15 – Nominee structures and their legal implications 13:40 – Early intervention before insolvency proceedings 15:00 – Litigation risks and opportunities in distressed transactions

About the Show:

Litigation and Capital with Steven Mirsky breaks down high-stakes legal issues affecting companies earning $10-100 million annually. The show helps business leaders turn complexity into leverage and protect their business assets through expert insights and practical advice.

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 signs of potentially problematic partnerships.

Key Timestamps:

00:01 - Show Introduction

00:45 - Biggest legal mistakes founders make with partnerships

01:01 - Discussion on family partnerships and boundaries

03:08 - Managing misaligned risk tolerance and vision

04:57 - Signs of high-conflict partnerships

06:35 - Critical clauses in partnership agreements

08:30 - Facilitating tough conversations between partners

11:45 - Advice for founders uncertain about partner scaling

13:35 - When to involve legal counsel in partnerships

About the Show:

Litigation and Capital with Steven Mirsky breaks down high-stakes legal issues affecting companies earning $10M-$100M annually. Host Kevin Rosenquist and Steven Mirsky provide practical insights to help business owners protect their interests and turn complexity into leverage.

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

00:52 - Common governance issues at different growth stages

04:30 - Leadership challenges when scaling from $25M to $50M

05:57 - Discussion on shareholder structures and crowdfunding challenges

07:21 - Age-related transitions and business succession

09:11 - Board development importance and dispute resolution

10:30 - Evolution of legal documents with business complexity

13:43 - When to implement formal legal governance

14:18 - Top governance advice for scaling founders

About the Show:

Litigation and Capital with Steven Mirsky breaks down high-stakes legal issues affecting companies earning $10-100 million annually. The show helps business leaders turn complexity into leverage and protect their business assets through expert insights and practical advice.