Andrew Porter

Partner

Contact
F +1 212.822.5361

New York

55 Hudson Yards

New York, NY US 10001-2163

T +1 212.530.5361

F +1 212.822.5361

Andrew Porter is a partner in the New York office of Milbank LLP and a member of the firm's Litigation & Arbitration Group.

Primary Focus & Experience

Mr. Porter represents clients in federal and state court in a variety of complex commercial litigation matters. He has significant experience representing clients in a broad range of industries including financial services, media and entertainment, and insurance.

Mr. Porter represents the prediction market Kalshi in a nationwide series of litigations, including more than a dozen cases against state regulators and multiple putative consumer class actions relating to event contracts offered on Kalshi's CFTC-regulated exchange. He also represented Sleeper Markets LLC in an action against the CFTC regarding Sleeper's application for registration as a Futures Commission Merchant.

Mr. Porter has represented Broadcast Music, Inc. in multiple rate-setting litigations and other matters. He presently represents BMI in an action brought by former members of the band The Guess Who concerning the scope of BMI’s licenses. Additional notable litigation representations for BMI include a trial victory against the North American Live Concert Promoters Association to set the rate to be paid by Live Nation and other large concert promoters, and a trial victory against Pandora Media, Inc.

Mr. Porter also represents SoundExchange, Inc. (an entity that acts on behalf of the record industry and performing artists) in proceedings before the United States Copyright Royalty Board. He presently represents SoundExchange in the SDARS IV proceeding, which will set rates for the use of sound recordings on satellite radio services. In 2025 he represented SoundExchange in a month-long hearing for the Web VI proceeding, which will set rates non-interactive webcasting services must pay for the rights to play sound recordings. That case is awaiting decision.  

Other notable representations include:

  • A major life insurance company in several litigations challenging cost of insurance adjustments. These representations included two putative nationwide class actions where Milbank obtained denials of class certification.
  • Citigroup, Inc. and affiliates in a putative class action brought by holders of American Depositary Receipts, obtaining a denial of class certification for more than 90% of the ADRs at issue.
  • Subsidiaries of Universal Entertainment Corporation in a busted-deal SPAC litigation in the Delaware Court of Chancery, obtaining a trial victory in which the Court refused to order the merger to close.
  • Atrium Holding Company in insurance coverage claims arising from the loss of a hotel in a California wildfire.

Recognition & Accomplishments

Mr. Porter is recommended in the Legal 500’s 2025 edition for general commercial litigation. In 2025, he was included in Benchmark Litigation’s 40 & Under guide.

He maintains an active pro bono practice, pursuing exoneration for wrongfully convicted individuals. Mr. Porter is part of the team representing John Francis Wille, a Louisiana man sentenced to death for murder in 1986, in a post-conviction proceeding to exonerate him based on false confessions and numerous constitutional violations. In 2014, Milbank secured a court order vacating Mr. Wille’s death sentence; the Louisiana Supreme Court affirmed the lower court’s decision in 2017. The team continues to fight to prove Mr. Wille’s innocence.

Mr. Porter received his J.D. from the University of Chicago Law School and his B.A. from the University of Connecticut.

Additional Details
Education
  • University of Chicago Law School, J.D.
  • University of Connecticut, B.A.
Admissions
  • New York
  • US District Court for the Southern District of New York
  • US District Court for the Eastern District of New York
  • US Court of Appeals for the Second Circuit
  • US Court of Appeals for the Third Circuit
  • US Court of Appeals for the Sixth Circuit
  • US Court of Appeals for the Ninth Circuit