Andrew Porter is a partner in the New York office of Milbank LLP and a member of the firm's Litigation & Arbitration Group.
New York
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 number of ongoing litigations. These include numerous actions against state attorneys general and other regulators related to Kalshi’s offering of sports- and elections-related event contracts on its CFTC-regulated exchange, as well as a putative consumer class-action filed in the Southern District of New York. Mr. Porter also represents 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. 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 others, which resulted in a substantial rate increase for BMI, and a trial victory against Pandora Media, Inc. in a decision that was identified by Law360 as one of the biggest copyright rulings of the year.
Mr. Porter also represented SoundExchange, Inc., the major record labels, leading independent record labels, and performing artist unions in the Web VI proceeding before the United States Copyright Royalty Board. The board held a month-long hearing in Spring 2025 and will set the rates non-interactive webcasting services must pay for the rights to play sound recordings for the years 2026-2030.
Mr. Porter also represents a major life insurance company in several litigations challenging cost of insurance adjustments. These representations include two putative nationwide class actions where Milbank obtained denials of class certification.
Other notable representations include:
- Represented Citigroup, Inc., Citibank, N.A., and Citigroup Global Capital Markets Inc. in a putative class action filed in the Southern District of New York on behalf of holders, and beneficial owners of American Depositary Receipts (“ADRs”) for which Citibank, N.A. served as the depositary bank. Milbank obtained 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 where the Court refused to order the subsidiaries to close a merger with their SPAC counterparty.
- Represented Atrium Holding Company in its claim against numerous insurance carriers arising from the loss of a hotel in Sonoma County, California, due to a 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 2025 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 in 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.
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
 
            