Employment And Labor

Legal issues related to employment are challenging for businesses to manage. Millstein & Associates 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.
Millstein & Associates can pursue the most complicated matters through mediation, arbitration or trial.

• Obtained a $1.3 million verdict for fraud and racketeering against the employee of an nationwide international design firm that set up a sham intermediary to defraud firms customers: Federal District Court, Central District of California.
• 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 against an employer who agreed to share profits. Successfully sought an injunction in Federal District Court, effectively preventing the merger until settlement.

In today’s environment, Businesses face significant regulatory challenges, some of which can lead to litigation. Millstein & Associates has substantial experience handling suits by governmental entities against businesses and has delivered favorable results for clients.

• Settled a decade—long dispute and related litigation between Academy of Art University and the City and County of San Francisco, alleging dozens of buildings’ illegal use for unpermitted purposes. The settlement resulted in legislation legalizing the operation of the properties.
• Defended bank officer against a federal case brought by the FDIC for breach of fiduciary/underwriting duties arising out of the failure of Eureka Federal Saving & Loan. Settled after two months of jury trial, within the $20,000,000 policy limits, without any personal contribution from client.
• Successfully defended a building contractor at trial against a $1 million code enforcement action brought by the San Francisco City Attorney, resulting in dismisal.
• Extensive experience in defending license holders before regulatory boards, including the California Medical Board, Gambling Control Commission and Real Estate Board.

Millstein & Associates has significant litigation experience on behalf of physician groups, protecting their commercial interests and rights. It has earned a national reputation in the emergency medicine industry. As a result, the American Academy of Emergency Medicine has depended on California business lawyer David Millstein to represent it in numerous matters. 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.
Notable successes include:

• Handling a suit to prevent a $38 million merger/acquisition designed to destroy hundreds of physicians’ practices, filed by David Millstein against one of the nation’s largest hospital systems.
• Brought suit on behalf of physician organization to terminate partnership with a national healthcare system, successfully ending with the re-purchase of its interest.
• Represented physicians and groups in numerous commercial disputes with providers, insurers and practice groups on issues ranging from non-competition agreements to partnership agreements.

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 assess the merits and scale of a dispute to ensure the prosecution or defense fits the clients business needs. Efficiency, creativity, and sound judgment are critical for intelligently positioning these disputes. While we litigate all cases with an eye toward ultimately trying them, we strive to achieve the best possible result at a reasonable cost without protracted litigation.

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.