Andrew T. Miltenberg

Nesenoff & Miltenberg, LLP

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.

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.