Andrew T. Miltenberg

Managing Partner, Litigation

Focus
Business LitigationCampus Misconduct Due Process & Title IX
Email
amiltenberg@nmllplaw.com
Phone
212-736-4500
Fax
212-736-2260
Office
New York, New York
linkedin
"Miltenberg is a fierce litigator who has handled many Title IX cases" - NY Times
"Mumphery did the best thing he could do, retain Andrew Miltenberg to sue the notorious Michigan State" - Simple Justice
Calling him a "pioneer in the field," National Title IX Legal Database Title IX For All has recognized Andrew Miltenberg and his team as "Distinguished Due Process Attorneys"
Syracuse Orange calls Miltenberg "a top due process lawyer for Title IX cases"
Miltenberg: “The Other Side of the College Sexual Assault Crisis” - Newsweek
The College Fix calls Miltenberg "due process superlawyer..."

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A veteran trial lawyer, Andrew has been representing individuals, closely held businesses, partnerships and a wide range of investors in significant litigation for 30 years. His work focuses in equal measure on business litigation, institutional disciplinary matters and due process, and on campus Title IX matters and related issues, an emerging area of law in which he has become a national leader. 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. (Click here to see a list of the schools where Andrew and his team have represented students and faculty.)

Described by Newsweek as the “go-to attorney for students accused of sexual assault,” Andrew has tirelessly advocated for the rights of accused students and faculty to due process. 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. These institutions range from small, elite liberal arts colleges to large public universities and hospitals. In all, Andrew has represented more than 300 students and 50 faculty members in disciplinary hearings in more than 30 states. He has also filed numerous civil lawsuits against universities often 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 and Andrew has developed a special expertise representing physicians accused of improper behavior in both medical schools and hospitals.

His 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, often 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 is able 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 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 often 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.

 

Education

  • Brooklyn Law School, J.D.
  • Emory University, B.A.

Admissions

  • New York
  • U.S. District Court – Eastern District of New York
  • U.S. District Court – Southern District of New York
  • Selected to the New York Super Lawyers List, 2006, 2010, 2013-2019
  • Fellow, Litigation Counsel of America, an honorary society for trial lawyers
  • Longstanding involvement with New York County Lawyers’ Association, including as member of the Judicial Screening, Supreme Court and Federal Courts committees
  • Member, New York City Bar Association
  • Member, New York Women’s Bar Association
  • Appointed by Governor Robert Bentley as Honorary Colonel, Alabama State Defense Force
  • Board member, FACE (Families Advocating for Campus Equality) non-profit
  • Board member, The Town Hall NYC, a non-profit national historic landmark and performing arts center
  • Former board member, Menorah Home & Hospital

Andrew has completed pro bono work on behalf of the following non-profits:

  • Vital Theatre Company
  • Adoption Crossroads
  • FlatIron Alliance
  • NYC Community Board 5
  • New York City P.S. 89 PTA

4.29.16
Panelist, “Civil Liberties on Campus” conference, Stanford Constitutional Law Center.

10.17.14
Symposium co-sponsor, “Navigating Due Process and Title IX Issues in Campus Sexual Assault Procedures: Constitutional, Statutory, Contractual, and Tort Considerations,” Lycurgus Group LLC.