Andrew T. Miltenberg
Partner
- Campus Misconduct, Due Process & Title IX Business Litigation
- New York, New York
- amiltenberg@nmllplaw.com
- 212-736-4500
Andrew is a veteran trial lawyer who has been representing individuals, businesses, and investors for more than 32 years. His work focuses on institutional disciplinary matters, defamation, on-campus due process and Title IX matters, and workplace-related investigations. He is known as well for his complex business litigation expertise.
Described by Newsweek as the “go-to attorney for students accused of sexual assault,” He has vigorously and successfully defended students and faculty at disciplinary proceedings facing dismissal or termination of tenure, suspension, or expulsion from a wide range of colleges, universities, medical schools, hospitals, and research programs in more than 40 states.
Since 2012, Andrew has been a pioneer in this specialized practice and, with his team, has litigated more Title IX cases than any law firm in the country. Many of the groundbreaking precedents in this area are from cases litigated by Andrew and his firm.
With an approach that turns thorough defense into the basis of an effective offense, Andrew’s team lays the groundwork from day one for future remedies. Knowing every interaction in the on-campus adjudication process matters — Andrew and his team document each step and make deviations from due process a matter of record.
Andrew’s record of success demonstrates the importance of his aggressive and strategic method of safeguarding the accused’s future, as damage can be done even with a favorable on-campus finding. After any outcome, Andrew’s team is not just willing but has set the legal foundation, to initiate lawsuits to rectify any damage to well-being, community standing, or reputation resulting from unfair conduct in a school’s evaluation of an allegation against a student or faculty member.
Andrew’s cases have generated attention from national news media, including The New York Times, The Wall Street Journal, Newsweek, The Washington Post, USA Today, The Los Angeles Times, CBS Sunday Morning, New York Magazine, The Huffington Post, Fox News, and National Public Radio. Catch up on the most recent coverage.
Andrew and his team have taken on defense of students and faculty at a wide range of colleges, universities, medical schools, hospitals, and research programs. These institutions range from small, elite liberal arts colleges to large public universities and hospitals. In all, Andrew has represented more than 1,000 students and over 250 faculty members and administrators in disciplinary and tenure hearings in more than 40 states.
He and his team have also filed numerous civil lawsuits against universities, frequently traveling across the country in a search for justice in connection with mistreatment of accused students and faculty. Andrew is often invited to speak at various institutions on disciplinary issues.
The explosive nature of these sexual misconduct and conduct related charges have expanded into workplace issues, as well. Andrew has developed a special expertise representing physicians accused of improper behavior in both medical schools and hospitals.
Andrew’s business litigation practice includes partnership and shareholder conflicts, real estate disputes, successor liability/fraudulent conveyance matters, non-competition disputes, defamation, internet law, and First Amendment matters. Recent cases include complex partnership dispute arbitrations — regarding breach of fiduciary duty, accounting, self-dealing, employment issues, and ownership and management of key assets — for businesses ranging from securities and commodities firms to real estate developers to a major restaurant chain. In addition to representing clients before arbitration panels, he regularly appears on behalf of clients in state and federal courts in the New York metropolitan area and beyond.
Regardless of the nature of the case, Andrew brings passion and deep experience to his work. Clients comment that Andrew has a sophisticated understanding of complex business issues and disciplinary matters and note his ability to guide clients effectively on strategic decisions. Viewed as a consummate professional in the courtroom — aggressive, yet steady and balanced — he is frequently sought out by other attorneys to serve as trial counsel. He has successfully tried numerous cases to verdict, and he has been named a fellow to the Litigation Counsel of America, an honorary society for trial lawyers.
Despite his admitted weakness for underdogs and willingness to take on a just fight, Andrew embraces the practical reality that sometimes the best results come with the avoidance of litigation. His thoughtful, common-sense guidance can help clients find a way to address grievances without resorting to filing suit. Andrew also serves as a member of the Board of Trustees of several organizations, and is often asked to lecture and consult on due process issues.
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Learn more about Andrew’s on-campus advocacy and how he and his team represent: