# Unconscionability in High-Dollar Commercial Deals: When Sophisticated Parties Still Get Protected

Page: https://stenobird.com/podcast/the-legal-podcast-network-6936259/unconscionability-in-high-dollar-commercial-deals-when-sophisticated-parties-still-get-protected
Text version: https://stenobird.com/podcast/the-legal-podcast-network-6936259/unconscionability-in-high-dollar-commercial-deals-when-sophisticated-parties-still-get-protected.md
Podcast: [The Legal Podcast Network](https://stenobird.com/podcast/the-legal-podcast-network-6936259)
Published: 2026-06-22T18:24:14+00:00
Episode link: https://thelegalpodcastnetwork.podbean.com/e/unconscionability-in-high-dollar-commercial-deals-when-sophisticated-parties-still-get-protected/
Audio file: https://mcdn.podbean.com/mf/web/u46ijkrhmihpjn7v/Steven_Mirsky_Full_EP_166umil.mp3
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JSON: https://stenobird.com/v1/public/podcasts/the-legal-podcast-network-6936259/episodes/unconscionability-in-high-dollar-commercial-deals-when-sophisticated-parties-still-get-protected
Duration seconds: 929

## Resource

In this episode of Litigation and Capital, Steven Mirsky, founder of Mirsky Corporate Advisors, delves into the complexities of unconscionability in commercial contracts. Steven explains how courts differentiate between procedural and substantive unconscionability, particularly in high-dollar agreements between sophisticated parties. The discussion covers various scenarios, such as rushed negotiations and contracts of adhesion, and how courts evaluate the fairness of terms. Steven shares insights from real cases, highlighting the importance of meaningful consent and the challenges of proving unconscionability. The episode provides valuable guidance for CEOs and business leaders on negotiating contracts and recognizing potential pitfalls. Listeners will gain a deeper understanding of how to protect their interests in complex legal landscapes.

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## Transcript

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