Notable
Cases

Notable Outcomes

Millstein & Associates serves our clients with skill and discretion. We fight tirelessly to protect client interests and achieve the best results.

COMPLEX LITIGATION
  • A newspaper publisher was sued by a former executive for breach of a stock purchase agreement. When represented by a leading national law firm, client lost a binding arbitration held before a retired California Supreme Court Justice, who awarded more than $10 million to the attorney. The case was reversed on technical grounds by the Court of Appeal.
    David Millstein represented the client on the retrial, which lasted almost two months in Los Angeles, and obtained a complete dismissal of the case by an unanimous verdict.
  • ACHP vs. CHW: Represented physician groups 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 in San Francisco Superior Court. Merger/acquisition reversed.
  • NRLB vs. Santa Barbara News Press: A major regional Southern California newspaper counted on Millstein & Associates’ trusted and measured representation during union organizing and related wage and 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.
  • Successfully defended a brokerage firm in a $40 million aiding and abetting fraud suit. Settled by insured without any financial contribution by the client.
  • Co-lead counsel in a national class-action suit brought by policyholders against Conseco Life Insurance Company. Settled for $27 million in the Northern District of California.
DEFENSE AGAINST REGULATORY PROSECUTION
  • City and County of San Francisco vs. Academy of Art (San Francisco Superior Court): Settled a decade long dispute and related litigation between Academy of Art University and the City and County of San Francisco.
  • FDIC vs. Kidwell (Federal District Court, Northern District): 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 Savings & Loan. Settled after two months of jury trial, within the $20,000,000 policy limits, without any personal contribution from client.
  • City and County of San Francisco vs. Jen et al.: Successfully defended a building contractor at trial against a $1 million+ code enforcement action brought by the San Francisco City Attorney, resulting in dismissal.
REAL ESTATE LITIGATION
  • Protected homeowner rights in multiple suits against a Homeowners Association on governance and financial issues. Obtained multiple injunctions and attorney’s fees.
  • Obtained defense verdict after trial in Marin County Superior Court over a boundary dispute. Verdict was sustained on appeal.
  • Obtained defense award defending an alter-ego claim and recovered the cost of defense.
EMPLOYMENT & LABOR
  • Gensler v. Vargas: US Federal District Court, Central District. Obtained a $1.3 million jury verdict for fraud and racketeering against employee.
  • NRLB v. Santa Barbara News Press: Represented newspaper during union organizing drive and related proceedings.
  • Talmers vs. Diamond Fields: Obtained a $1.2 million settlement on behalf of an employee for breach of oral contract.
REPRESENTATION OF PHYSICIAN OWNED ENTITIES
  • ACHP vs. CHW: Brought suit on behalf of physician organization to terminate partnership with a national healthcare system, successfully ending with the repurchase of its interest.
  • American Academy of Emergency Medicine vs. Team Health: Filed and resolved antitrust unfair trade practices suit on behalf of a national physician organization.
  • Represented physicians and groups against insurers/payors over billing issues.