David J. Millstein

Top rated Business Litigation attorney in San Francisco, California

Millstein Fellner, LLP
David J. Millstein
Millstein Fellner, LLP

Practice Areas: Business Litigation, Family Law, Business & Corporate view more

Licensed in California since: 1979

Education: University of California Berkeley School of Law

Selected to Super Lawyers: 2015 - 2016, 2019 - 2023

Millstein Fellner, LLP

100 The Embarcadero
San Francisco, CA 94105 Phone: 415-348-0348 Email: David J. Millstein Visit website


A highly-regarded civil trial attorney, David J. Millstein is the founder of Millstein & Associates. Located in San Francisco, he represents businesses and individuals throughout the Bay Area and other parts of the state. Admitted to practice in California since 1979, Mr. Millstein is also admitted to practice before several federal trial and appellate courts, including the U.S. District Courts for the Northern, Eastern and Central districts of California and the U.S. Court of Appeals for the 9th Circuit.

Mr. Millstein has represented both plaintiffs and defendants in numerous complex commercial trials. His cases have included contract disputes, breach of fiduciary duties, unfair competition, antitrust, employment law and real estate disputes. Mr. Millstein has also counseled health care practitioners on a variety of business and regulatory issues.

Outside of the business area, Mr. Millstein has extensive experience in divorce and other family law matters, probate disputes, and personal injury and wrongful death litigation. His successes in all of his professional endeavors have earned him the respect of his colleagues, as evidenced by his receipt of an AV Preeminent* peer review rating through Martindale-Hubbell.

Mr. Millstein regularly offers legal commentary on television and radio stations in the San Francisco Bay Area. A published author, he has also delivered numerous presentations on topics related to his practice areas to bar associations and other professional groups. Mr. Millstein attended the University of California, Berkeley, where he majored in history and received a Bachelor of Arts cum laude in 1975. Remaining on campus, he pursued his legal education at the University of California, Berkeley, School of Law, and he was awarded his Juris Doctor in 1979. In addition to his private practice, Mr. Millstein spent a year as the chief assistant district attorney at the city and county of San Francisco's District Attorney's Office.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

Practice areas

Business Litigation, Family Law, Business/Corporate, Employment & Labor: Employee, General Litigation, Health Care

First Admitted: 1979, California

Professional Webpage: https://millsteinfellner.com/david-millstein/

  • Regent’s Scholar, U.C. Berkeley, 1973
  • Who’s Who in American Law, 1993 - Present
  • A.V. Rating, Martindale-Hubbell Law Directory, 1994 - Present
  • Biography, Who’s Who In America, 1997- Present
Educational Background:
  •  University of California, Berkeley, Bachelor of Arts, cum laude, History, 1975
Bar/Professional Activity:
  • American Bar Association, Health Law section
  • San Francisco Bar Association, Family Law Section
  • U.S. Court of Appeals District of Columbia Circuit, 2008
  • San Francisco Bar Association, Labor & Employment Law Section
  • San Francisco Bar Association, Business Litigation Section
  • U.S. District Court, Southern District of New York
  • Member, Judicial Committee, San Francisco Bar Association, Jan 2007 - Present
  • U.S. District Court, Western District of Arkansas, 2001
  • U.S. District Court, Eastern District of California, 1996
  • U.S. Court of Appeals, 9th Circuit
  • U.S. District Court Central District of California
  • U.S. District Court Northern District of California
  • California State Bar, November 1979
Scholarly Lectures/Writings:
  • Keynote Speaker, Commonwealth Club, December 6, 1993, Lafayette, California
  • Lecturer, CAL CPA Litigation Group, Forensic Services Section, “Working with Attorneys & Presentation of Accounting Opinions”, October 18, 2012
  • In Service, San Francisco General Hospital, “Legal Implications of Suicidality in AIDS Patients”, June 1984
  • Lecturer, San Francisco Bar Association, February 16, 1993, “Essential Aspects of Screening Cases"
  • Psychologist’s Testimony: Family, Criminal Worker's Compensation and Personal Injury Cases
  • Panelist, California Psychological Association, Annual Convention, April 2, 1993
  • Panelist, Domestic Violence Investigations, Calif. Assoc. of Certified Fraud Examiners, Nov. 2001
  • Lecturer, San Francisco Bar Association, September 13, 1994, “Communication Techniques and Trial Advocacy”
  • Keynote Speaker, Harvard Club, City Club, San Francisco, CA, June 14, 1996, “Recent Developments in the S.F. Dist. Attorney’s Office.”
  • Lecture, California Association of Certified Fraud Investigators, February Examiners, February 15, 2001
  • Adjunct Professor of Law, Hastings college of the Law, University of California, San Francisco, Trial Advocacy I, Trial Advocacy II, Pre-Trial Practice, 1993 - 1997, 2001 - Present
  • Lecture, American Academy of Emergency Medicine, Anti-kickback Cases, March 15, 2002
  • Panelist “Breaking the Glass Ceiling Conference”, California Women Lawyers, May 10, 2003
  • Hastings College of the Law, January 5, 1995, January 6, 1996, 1998 (Continuing Education for Attorneys)
  • Lecturer, Techniques of Persuasion
  • Hastings College of Advocacy, Co-Chair of Personal Injury Institute 1993, 1994, 1995, 1998
  • San Francisco Bar Association Advocacy Training For Public Interest Lawyers, Trainer, May 1994
  • University of San Francisco School of Law, Intensive Advocacy Program, May 1993, June 1994
  • National Institute For Trial Advocacy, June 1994, June 1995
  • Stanford University School of Law, Faculty, Advocacy clinic, January 1994 – Present
  • Lecturer at Boalt Hall School of Law, University of California, Berkeley, Class: Evidence Advocacy, Spring semester 1995
  • A Road Map to Interstate Deposition Practice, The Practical Litigator, American Bar Association-American Law Institute, Volume 4, Number 3, May 1993
  • The S & L Litigation Explosion, California Lawyer, Volume 11, Number 12, December 1991
  • Corporate Practice of Medicine, lifeline, American College of Emergency Physicians, California Chapter, October 2001
  • Taking or Opposing Telephone Depositions, The Practical Litigator, American Bar Association-American Law Institute, Volume 5, Number 2, March 1994
  • Millstein, et al, ALI-ABA's Practice Checklist Manual on Taking Depositions, (Article Contributor) Mark Carroll, Editor, (American Bar Association/American Law Institute, 1995
  • Millstein et al., How to Prepare for, Take and Use Depositions, 1995, (1995 Supplement, James Publications, 1995)
  • Coercive Contracting, lifeline, American College of Emergency Physicians, California Chapter, September 2000

Office location for David J. Millstein

100 The Embarcadero
San Francisco, CA 94105


7 Years Super Lawyers
  • Super Lawyers: 2015 - 2016, 2019 - 2023

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