General commercial litigation involves virtually every type of dispute that can arise in the business context, including breach of contract cases, partnership/joint venture disputes, class actions, business torts, civil RICO claims, breach of fiduciary duty allegations, and shareholder and derivative claim issues.
We assess the merits of a dispute and scale either a prosecution or defense that fits the legal and business needs of the client. Efficiency, creativity, and sound judgment are critical for intelligently positioning these disputes. While we litigate cases with an eye toward ultimately trying them, we strive to achieve the best possible result at a reasonable cost.
The firm helps a variety of business sectors and offers a range of legal services to help you navigate these and other matters, ranging from, contract disputes, partnership agreements, antitrust, coverage litigation, and breach of fiduciary duty claims
David Millstein obtained a defense verdict on a retrial for client who had lost a $10 million claim by employee, who was its former attorney and chief executive.
Successfully defended a brokerage firm accused of $40 million dollar aiding and abetting fraud, settled without contribution.
Brought a RICO claim against employer/partner, resulting in a $1.2 million settlement for employee.
David Millstein obtained dismissal of a $5 million alter ego claim, brought against client– 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.
Extensive Experience in Real Business Problems
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 in both prosecuting and defending business torts and trade practice matters economically and effectively.
Defended client accused of trade libel and violations of Lanham Act to a successful resolution that allowed client to continue exercising its First Amendment Rights.
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.
Defended a newspaper’s rights to be free from interference with its first amendment rights.