(Main Office)
Millstein & Associates is dedicated to excellence in the practice of law, excellence in client service, excellence in performance, and excellence in advocacy.
The firm was founded by David Millstein who, with more than 25 years in practice, is a seasoned trial attorney dedicated to giving his clients the edge in any legal issue. As former Chief Assistant District Attorney of San Francisco and highest rated civil trial attorney for legal ability by Martindale-Hubbell. Mr. Millstein has a well established history as an advocate and public servant in the San Francisco Bay Area.
From defending and prosecuting cases for businesses in commercial litigation to representing clients in complex marital dissolution and child custody matters, to advising small and medium-sized businesses, Millstein & Associates is committed to providing personal attention to our clients and achieving superior results in every matter.
Noteworthy cases include:
Commercial Litigation
Defended client against $10 million dollar claim by executive for alleged stock appreciation rights in 4 week arbitration involving contractual and legal ethics issues. (2008).
Defended Realtor in breach of listing contract; non-suit granted at trial. (2005).
Represented 5,000 member national physician association in suit to enjoin unauthorized practice of medicine by Contract Management Groups. (Alameda County, 2004).
Represented member of large condominium association in action to enjoin election; injunction granted. (San Francisco Superior Court, 2004).
Defense of contractor in action brought by City and County of San Francisco; non-suit granted. (San Francisco Superior Court, 2003).
Verdict of $1.3 million for fraud and racketeering, obtained on behalf of employer against employee who set up sham intermediary which defrauded clients of employer. (U.S. District Court, Central District of California, 2002).
Represented physician association to enjoin the nation's fifth largest hospital system from implementing a $38 million merger with client's competitor. This case drew national attention among hospitals and hospital-based physicians. (San Francisco Superior Court, 2000).
Recovered $1.2 million for claim of breach of oral contract to issue stock, enjoined $l billion merger pending claim. (W.D. Arkansas, 1996).
Defended Bank Officer of failed Federal Saving & Loan, in $1 billion claim by FDIC for breach of fiduciary underwriting duties. Settled after two months of jury trial, within the policy limits, without any personal liability to client. (N. D. Cal., 1990).
Employment & Labor
Represented major regional publisher in all employee matters including major union organizing campaign and breach of confidentiality litigation. (2006-07).
Defended Silicon Valley tech start up in anti-raiding litigation involving claim that all employees were plaintiff's ex-employees. Settled prior to trial. (Santa Clara County Superior Court, 2004).
Recovered $450,000 for former partner of national architecture firm for breach of partnership agreement. (San Francisco Superior Court, 1992).
Recovered $200,000 for physician for good will in partnership dissolution.(Santa Clara Superior Court, 1995).
Family Law
Represented parent in the largest Custody matter in Contra Costa County history, full custody awarded after trial. (1991-92).
Resolved through both settlement and litigation numerous marital dissolutions, child custody issues and support issues.
Professional Liability/Personal Injury
Recovered $2.3 million dollar wrongful death suit for the family of 4 year old child killed in an automobile accident. (2007).
Recovered $900,000 for personal injury/auto roll-over in Federal court involving coverage issues. (N. D. Cal, 1999).
Settled for $500,000 in favor of client in legal malpractice claim against a prominent Silicon Valley firm after significant litigation involving improper litigation management. (1996).
Probate Law
Represented claimant and child in paternity/support action against the Estate of Jerry Garcia. Settled after reversing trial court in Court of Appeals. (Marin Sup. Court, 1999).
Regulatory Issues
Obtained emergency TRO order from Court of Appeals and enjoined California Department of Motor Vehicles from removing client's name from traffic school provider list: statute declared unconstitutional. Latter re-drafted statute for traffic safety industry group: draft approved by California Assembly and Senate and signed into law 1994. (Ala. Co. Sup. Ct., 1994).
Supervised prosecution and recovery of AAA Shipyards settlement (environmental prosecution) case for the City and County of San Francisco.
Supervised prosecution of all white collar, special prosecution, regulatory enforcement, political corruption cases for the City and County of San Francisco as Chief of the Office of Special Prosecution. Pursued civil and criminal litigation on behalf of most state regulatory agencies for offenses within the jurisdictional limits of the City and County.
Represent professionals before disciplinary boards throughout the state.
Statement of Practice
General Practice, Commercial and General Civil Litigation, Family Law, Employment and Labor Law, Regulatory Issues.
Year Established: 1983
Firm Size: 2