Pre-Litigation Strategy: How CEOs Gain Leverage Before a Case Is Filed

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 complaints can be leveraged in high-stakes business conflicts. Steven also discusses how executives should weigh litigation versus business objectives, the risks of bluffing, and how preparedness can serve as a powerful tool in negotiations, restructuring, or dealmaking.

Key Timestamps

[00:01:30] The role of litigation threats in resolving business disputes before filing
[00:04:00] Demand letters: structure, credibility, and testing opposing counsel
[00:06:00] Pre-litigation tactics: TROs, draft complaints, and regulatory referrals
[00:09:30] Strategic decision-making: when to litigate vs. preserve business relationships
[00:12:00] The risks of bluffing and how to maintain credibility in disputes
[00:14:00] Litigation readiness as a proactive strategy and “earthquake safety kit” for executives

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.