Practice Areas

PRIDE & PREPARATION

At Millstein & Associates P.C.  provides innovative, results-driven approaches to our clients’ most challenging legal matters. We pursue the most complicated matters through mediation, arbitration, or trial. While we pride ourselves on being well-prepared for trial, our goal is to deliver the best possible outcome at a reasonable cost without prolonged litigation.

Physician & Physician Owned Entities

Representation of Physician Owned Entities We have significant experience in litigation on behalf of physician groups, protecting their commercial interests and rights. David Millstein has earned a national reputation in corporate practice of medicine issues. He has written and lectured on issues concerning emergency-room physicians, such as the business practice of medicine, illegal contracts and arrangements between hospitals, and the impact of anti-kickback and referral fee laws on physician groups. ------------------------------------------------------------------- CASES OF NOTE ACHP v. CHW Represented physician groups challenging a $38 million dollar merger between a hospital and a management services organization. ----------------------------------------------------------------- Simon Med. v. Dignity Health Initiated litigation against Dignity Health on behalf of a multi-state radiology practice for breach of contract, resulting in the physician being able to buy back his company.
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Defense Against Regulatory Prosecution

Individuals and businesses are heavily regulated and often face lawsuits filed by government agencies.At Millstein & Associates P.C. specializes in defense of litigation by government agencies. Our team is adept at handling complicated and high-stakes matters with finesse and delivering favorable results for clients.
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Partnership Disputes

Partnership Disputes We have advised numerous partners and shareholders regarding their rights and obligations when managing all forms of business. In doing so we have been successfully pressing shareholder inspection rights into negotiating favorable buyouts for minority shareholders and advising majority shareholders of their rights and duties in order to avoid litigation from activist minority owners. Similarly, we are adept at advising high-level executives and board members regarding their duties to the company and negotiations with the company and related business interests. ------------------------------------------------- CASES OF NOTE Vineyard Management Litigation Defended the majority owner of a vineyard holding company against a suit in a confidential mediation. MORE
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Advice to Businesses

Advice to Businesses We provide expert legal advice regarding all aspects of your business. We advise businesses regarding their formation and capital structure, drafting their governance documents, and corporate formalities. We often provide review and advice pertaining to vendor, client, employment, and lending agreements. Finally, we advise management regarding their duties to the corporation, related party transactions, and regulatory compliance. As strong litigators, we pride ourselves on our ability to spot potential issues before they lead to litigation. Often the best litigation outcomes are the cases avoided by early and expert legal advice.
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Family Law

Family Law At Millstein & Associates.P.C. offers extensive experience in family law matters. The firm is experienced in litigating cases involving complex high asset property division and difficult multi-jurisdictional custody. Although it is generally preferable to avoid adversarial hearings, it is not always possible to do so. In contested proceedings, Millstein Fellner LLP brings the same high level of sophisticated advocacy and trial skills as the firm employs in complex business and commercial litigation.
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Real Estate Litigation

Real Estate Litigation For many businesses and individuals, litigation over real estate issues is difficult and complicated. The firm handles all aspects of real estate litigation from contract, partnership, and condominium association disputes to regulatory and enforcement actions. We can help you find the right solution for your real estate litigation matter. --------------------------------------------------------------------------- CASES OF NOTE City and County of San Francisco vs. Academy of Art David Millstein and Gerald Richelson settled a decade-long dispute and litigation on behalf of the Academy of Art, concerning 48 properties, resulting in re-zoning and a Development Agreement. MORE --------------------------------------------------------------------------- Miller v. Merchisen David Millstein and Jason Fellner defended parties who were wrongfully accused of defrauding two San Francisco tenants. The case was dismissed after the plaintiffs closed their case. MORE --------------------------------------------------------------------------- Kliban v. Dixon David Millstein obtained a verdict in favor of his client after trial in Marin Superior Court on a boundary dispute which result was affirmed by the Court of Appeals. MORE --------------------------------------------------------------------------- Protected homeowner rights in multiple suits against a homeowners association on governance and financial issues. Obtained multiple injunctions and attorneys’ fees. MORE
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Employment & Labor

Legal issues related to employment are challenging for businesses to manage. Our firm has represented California businesses in employment and labor matters since 1982. We have experience in compliance, audits, regulatory issues, defense of wage and hour class actions, wrongful termination, and discrimination.
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Complex Litigation

General commercial litigation involves virtually every type of dispute that can arise in a business context, including breach of contract, partnership/joint venture disputes, class actions, business torts, civil RICO claims, breach of fiduciary duty, and shareholder derivative claims. We are efficient, creative, and use sound judgment to intelligently position these disputes.
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Probate Litigation

At Millstein & Associates P.C.has a proven track record of resolving claims and settling complicated and emotional controversies, especially those involving litigation. Challenges in probate include disagreements over the payment of claims against the estate and the management of assets. The firm has represented all parties in these disputes, including claimants, estates, and defendants who have been sued by estates.
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Wrongful Death Personal Injury

When representing clients in complex or catastrophic personal injury and liability actions, Millstein Fellner LLP blends empathy with a mastery of litigation to achieve the best results possible for our clients.Wrongful Death Personal Injury When representing clients in complex or catastrophic personal injury and liability actions, Millstein Fellner LLP blends empathy with a mastery of litigation to achieve the best results possible for our clients.
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