
BIOGRAPHY
David Millstein is the founder of Millstein Fellner LLP. Mr. Millstein represents clients at both the trial and appellate levels throughout California. With decades of experience as a practicing attorney, he has established himself as a sought-after, go-to lawyer for clients with the most complicated and complex cases in a wide array of practice areas. His work for both plaintiffs and defendants has resulted in victories at all levels in local, state, and federal courts.
Mr. Millstein’s experience and success in and out of the courtroom have earned him the well-placed confidence of individuals, businesses, and professional and industry associations that seek his advice and skills as a litigator in the most demanding cases. With a strong background in trial and litigation, he has the savvy to pursue mediation and arbitration whenever it may save time, money, and hassle for his clients.
David Millstein
EDUCATION
University of California, Berkeley
Bachelor of Arts, cum laude, Phi Beta Kappa, Regents’ Scholar
Berkeley Law
Doctor of Jurisprudence
HONORS
A.V. Rating
Martindale-Hubbell Law Directory, 1994 – Present
Who’s Who in American Law
1993 – Present
PRACTICE AREAS
Complex Litigation
Real Estate Litigation
Representation of Physician-Owned Entities
Employment & Labor
Family Law Matters
Power
in Practice
BAR ADMISSIONS
California
U.S. Court of Appeals Ninth Circuit
U.S. District Court Northern District of California
U.S. District Court Eastern District of California
U.S. District Court Central District of California
U.S. District Court Western District of Arkansas
U.S. Court of Appeals District of Columbia Circuit


Past Appointments
Member
Judicial Committee of the Bar Association of San Francisco
Arbitrator
U.S. District Court for Northern District of California
Probation Monitor
Office of Trials
State Bar of California
Judge Pro Term
San Francisco Superior Court
CALIFORNIA’S TOP RATED ATTORNEY
TEACHING
- Stanford Law School, Trial Advocacy Program, 2000 – Present
- University of California, Hastings College of the Law, Adjunct Professor of Law, Trial Advocacy, 1993 – 1997, 2001 – 2005
- Berkeley Law, Lecturer, Evidence Advocacy, 1995
SELECTED PRESENTATIONS
- David Millstein, Corporate Practice of Medicine, Lifeline, American College of Emergency Physicians, California Chapter (October 2001)
- David Millstein, Coercive Contracting, Lifeline, American College of Emergency Physicians, California Chapter (September 2000)
- Millstein et al., How to Prepare For, Take and Use Depositions, 1995 (1995 Supplement, James Publications, 1995)
- Millstein, et al, ALI-ABA’s Practice Checklist Manual on Taking Depositions (Article Contributor), Mark Carroll, Editor (American Bar Association/American Law Institute, 1995)
- David J. Millstein, Taking or Opposing Telephone Depositions, The Practical Litigator, American Bar Association-American Law Institute, Volume 5, Number 2, March 1994
- David J. Millstein, A Road Map to Interstate Deposition Practice, The Practical Litigator, American Bar Association-American Law Institute, Volume 4, Number 3, May 1993
- David J. Millstein, The S & L Litigation Explosion, California Lawyer, Volume 11, Number 12, December 1991
- Legal Commentator, Channel 7, ABC-KGO TV, San Francisco, California. Periodic anchor desk interviews on legal issues, throughout 1995-96.
- Legal Analyst, Channel 7, ABC-GO TV, San Francisco, California Legal Analyst, Channel 2, Fox-KTVU, Oakland, California. 10 O’clock News, Mornings on 2, Noon News. Throughout 1995-96 – 100 appearances, many featured.
- Legal Analyst, Channel 4, KRON, San Francisco, California, lst on 4 News; April 30, 1996; June 6, 1996 Interview, KRON TV, Channel 4, Daybreak, 10:00 News, O.J. Simpson Case Interview, ABC-GO TV, Channel 7, 6:00 p.m. News, Interview, O.J. Simpson Case, June 23-24, 1994 Featured Guest, National Business Report, January 4, 1996 (Syndicated Radio), Interview RE: Changes in Securities Class Action Suits
- Featured Guest, KSFO Radio, February 9, 1994, Debate With Attorney General Dan Lungren, 3 Strikes Initiative, Peter B. Collins Show
- Featured Guest, Talk America (Syndicated Radio), Immunity for President Clinton, May 21, 1994
- Featured Guest, KTFA, Brad Messer Show, Austin, Texas, May 20, 1994
- Featured Guest, KSFO, Political Correctness, December 20, 1993
- Featured Guest, WWLL, David Tyre Show (New Orleans, syndicated in 42 states)
- Featured Guest, KRLD, Glen Mitchell Show (syndicated in 15 states)
- Featured Guest, KERN, National Business Radio, September 21, 1994
- KTVU TV Legal Analyst, 2002
SELECTED PUBLICATIONS
- Panelist “Breaking the Glass Ceiling Conference,” California Women Lawyers, May 10, 2003
- Lecture, American Academy of Emergency Medicine, Anti-kickback Cases, March 15, 2002
- Panelist, Domestic Violence Investigations, Calif. Assoc. of Certified Fraud Examiners, November 2001
- Lecture, California Association of Certified Fraud Investigators, February Examiners, February 15, 2001.
- Keynote Speaker, Harvard Club, City Club, San Francisco, CA, June 14, 1996, “Recent Developments in the S.F. Dist. Attorney’s Office”
- Lecturer, San Francisco Bar Association, September 13, 1994, “Communication Techniques and Trial Advocacy”
- Keynote Speaker, Commonwealth Club, December 6, 1993, Lafayette, California
- Panelist, California Psychological Association, Annual Convention, April 2, 1993, Psychologist’s Testimony: Family, Criminal Worker’s Compensation and Personal Injury Cases
- Lecturer, San Francisco Bar Association, February 16, 1993, “Essential Aspects of Screening Cases”
- In-Service, San Francisco General Hospital, “Legal Implications of Suicidality in AIDS Patients”, June 1984
- Lecturer, CAL CPA Litigation Group, Forensic Services Section, “Working with Attorneys and Presentation of Accounting Opinions”, October 18, 2012

A.V. Rating
Martindale-Hubbell Law Directory
1994 – Present

Super Lawyers
2015 – 2016, 2019 – Present

Who’s Who in American Law
1993 – Present