Millstein & Associates is a general and trial practice firm providing quality legal services to businesses and individuals. Practice areas include commercial and complex litigation, family law, employment, personal injury and medical contracting litigation.

Practice Areas for Businesses

Complex Commercial Litigation

A sought after, go-to firm for clients with sophisticated business needs, Millstein & Associates has obtained notable results for both plaintiffs and defendants through business litigation that encompasses contract disputes, real estate matters, antitrust, lender liability and breach of fiduciary duty claims.

Here are some examples of what Millstein & Associates has accomplished over the years:

  • Defense verdict on a re-trial for client facing a $10 million claim by employee, who was client’s attorney and chief executive.
  • Successfully defended a brokerage firm accused of aiding and abetting fraud.
  • Litigation resulting in a $1.2 million settlement for an employee who alleged that his employer breached an oral contract promising to issue stock in connection with a mining operation.
  • On appeal of decision of Alameda Superior Court, enjoined California Department of Motor Vehicles from striking a statewide traffic school from authorized list; relevant statute was declared unconstitutional and Millstein & Associates re-drafted statute on behalf of industry group client, which was later signed into law.
  • Dismissal for defendant of a $5 million alter ego claim. Recovery of attorney’s fees as well.
  • Defended Bank Officer of failed Eureka Federal Saving & Loan, for breach of fiduciary/underwriting duties brought by the FDIC. Settled after two months of jury trial, within the $20,000,000 policy limits, without any personal liability to client.

Trade Practices

Unfair competition, fraud, tortious interference with contract and theft of trade secrets are regular features of commercial disputes. Whether as the central issue or as a supplement to a contract claim and defensive counterclaim, Millstein & Associates has extensive experience both prosecuting and defending business torts and trade practice matters economically and effectively.

Millstein & Associates has:

  • Represented a plastic pipe distributor in a major trade libel/Lanham Act case concerning PVC and HDPE pipe.
  • On behalf of a physicians organization, Millstein & Associates successfully brought suit against a national hospital chain for unfair business practices and was able to stop the hospital's $38 million merger/acquisition of a competing medical group.
  • Successfully obtained a temporary restraining order and ultimately settled the action filed on behalf a medical supply business against a former business partner and two employees engaging in theft of trade secrets.

Employment Litigation

Millstein & Associates represents businesses and other entities in employment and labor matters. Among other services, the firm advises on wage and hour, compliance and regulatory matters, and defends employers against claims of sexual harassment, breach of contract, wrongful termination and discrimination. Depending on the controversy, Millstein & Associates can pursue the most complicated matters through mediation, arbitration and trial, always mindful of client costs and time.

Here are some examples of what Millstein & Associates has accomplished over the years:

  • Obtained a $1.3 million verdict for fraud and racketeering for an employer who fell victim to an employee who set up a sham intermediary to defraud customers.
  • A major regional Southern California newspaper counted on Millstein & Associates' trusted and measured representation during union organizing and related wage & hour litigation.
  • Obtained a $1.2 million settlement on behalf of an employee for breach of oral contract in which her employer agreed to share profits of a mineral discovery. Successfully sought injunction in Federal Court at the onset of the matter, effectively preventing the merger and allowing for a quick recovery.
  • Successfully defended a Silicon Valley startup accused of raiding another company's employees.
Millstein & Associates has represented professionals and businesses in a number of matters regarding regulatory compliance in a variety of industries. David Millstein, who is a former assistant district attorney of San Francisco, also represented individuals and businesses in criminal investigations.

Real Estate Litigation

When disputes arise relating to real estate and construction transactions, Millstein & Associates assists its clients in mediating and/or litigating a broad spectrum of issues including broker and buyer/seller disputes, boundary disputes, environmental and land use issues, construction defect claims and common interest development claims under the Davis-Stirling Act.

Over the years Millstein & Associates has:

  • Obtained an injunction against a Condominium Association to prevent the association from making an illegal $4.5 million expenditure on improvements that had not been properly authorized under the Davis-Stirling Act.
  • Obtained a complete defense judgment after a contractor faced a $1 million code enforcement fine levied by the San Francisco City Attorney.
  • Successfully settled construction defect case filed against contractor client for a fraction of the total claim.

Physicians & Medical Groups

Millstein & Associates has represented physicians and medical practices on a variety of business issues regarding the management of their practices, commercial interests, employment policies and disputes, partnership issues and compliance issues.

Millstein & Associates' proficiency in protecting emergency room physicians' rights has earned the firm a national reputation in the industry. As a result, the American Academy of Emergency Medicine has depended on David Millstein to represent it in numerous matters. Additionally, David Millstein has written and lectured on issues concerning emergency room physicians. These issues span the business practice of medicine, illegal contracts and arrangements between hospitals and the impact of anti-kickback and referral fee laws on physician groups.