Andrew G. Celli, Jr.

Andrew G. Celli, Jr.

Andrew G. Celli, Jr., a founding partner of the firm, is a trial and appellate lawyer who represents individuals and institutions in constitutional, civil rights, and commercial matters in courts around the country.  Often appearing on behalf of governments and public officials, businesses whose interests intersect with public policy, or individuals challenging government action or in disputes with powerful institutions, Mr. Celli uses his legal skills and his experience in government and politics to provide advice, counsel, and effective representation in court in the case or matter at hand – and to make change.

In constitutional and separation-of-powers litigation, Mr. Celli has handled a broad range of cases and matters in his 30+ years of practice.  Among other things, he:

• Served as lead counsel in dozens of civil rights and civil liberties cases arising under the First, Fourth, and Fourteenth Amendments, representing victims of police misconduct, sexual harassment/assault, and other forms of discrimination, as well as individuals and entities whose speech, voting and other constitutional rights have been infringed by government policy and practice;

• Won ballot access for nationally-recognized presidential candidates in two different New York primary elections;

• Led the Georgia case to bar Marjorie Taylor Greene from office under Section Three of the 14th Amendment;

• Successfully challenged proposed lobbying regulations on First Amendment grounds;

• Sued to compel the State of New York to proceed with congestion pricing in New York City;

• Twice represented the Democratic Majority of the New York State Senate in state-constitutional litigation;

• Co-litigated the case that ended New York’s ban on providing food and water to people waiting to vote;

• Represented the New York City Council (four cases) and the City Council of Rochester, NY (a public referendum, two cases, and a high profile public investigation) in circumstances where those municipalities’ legislative branches were not aligned with their mayors;

• Prevailed in the Second Circuit Court of Appeals on behalf of a statewide public official in a free-speech case brought by the National Rifle Association; and

• Successfully sued to enforce the First Amendment rights of New York City newsstand operators, a global civic organization, and others.

Mr. Celli has also represented numerous public officials over the years, in cases involving their conduct in office.  These include: New York State Attorney General Letitia James, and her First Deputy, General Counsel, and Chief of Staff; former New York City Mayor Bill de Blasio; former New York State Attorney General Eliot Spitzer; the former Superintendent of the New York State Department of Financial Services; the former Commissioner of the New York State Department of Labor; two New York City Public Advocates; and individual members of the New York City Council.  In addition, Mr. Celli has counselled the New York State Executive Chamber (Governor’s Office) and the Empire State Development Corporation on constitutional and ethics issues.

Mr. Celli also provides ethics and lobbying compliance advice and represents regulated individuals and entities before the New York State Commission on Ethics and Lobbying in Government and the New York City Conflicts of Interest Board.

Over the last 30 years, Mr. Celli has represented dozens of victims of police and other official misconduct while in custody or care, including persons killed by shooting and positional asphyxia, and people subjected to unlawful street arrests and improper police investigation.  Mr. Celli also regularly represents the victims of sexual assault and employment discrimination, including sexual harassment.  Finally, over the years, Mr. Celli has represented many students and faculty in confidential administrative proceedings and litigation arising out of allegations of academic, research or social misconduct and violations of school policy and Title IX.

Mr. Celli regularly handles high-profile cases and matters.  For example, he served as:

• Counsel to Paul Hudson, and other families of the victims of the bombing of PanAm Flight 103 over Lockerbie, Scotland, in successful litigation against Libya (Hudson et al. v. Libya);

• Counsel to the writer and podcaster Lisa Birnbach, the primary outcry witness in E. Jean Carroll v. Donald J. Trump;

• Co-Lead Counsel in McCoy et al. v. Trump et al., putative class action for fraud against Donald Trump in connection with his involvement with the American Communications Network;

• Lead Counsel in successful class action to enforce a 1894 lease between the City of New York and the Trustees of the Metropolitan Museum of Art requiring free public access to the museum (Saska et al. v. Metropolitan Museum of Art);

• Counsel to renown art collector Hubert Neuman in litigation against Sotheby’s over ownership of the Jean-Michel Basquiat masterpiece “Flesh and Spirit,” which sold at auction for $30 million; and

• Lead Counsel to the Estate of Jodi Lane regarding claims against Con Ed and the City of New York, arising from Ms. Lane’s fatal exposure to stray voltage in the East Village of Manhattan.

The commercial side of Mr. Celli’s practice features cases and matters where businesses find themselves in disputes or negotiations with government entities, and with one another.  These cases involve high-stakes contract, partnership, unfair competition, and business tort disputes, regulatory investigations, internal corporate investigations, and ongoing business matters.  Among many others, Mr. Celli has represented The Hunt’s Point Produce Market Cooperative Association, Inc., the largest produce market in the United States; The Tribune Company and Newsday, Inc.; Penguin USA, a division of Pearson, the international publishing house; Ford Models, Inc.; EchoStar Corporation; Global Strategy Group, LLC, a public affairs, political consulting, and polling company; Atlantic Development Corp., a developer of affordable housing; The Doe Fund, a not-for-profit organization that provides housing and job training to the homeless; and many highly compensated professionals in the legal, financial services, entertainment, medical, and other sectors.

From 1999 to 2003, Mr. Celli served as Chief of the Civil Rights Bureau in the office of New York State Attorney General Eliot Spitzer. In that capacity, Mr. Celli was responsible for many successful cases and initiatives, including the Attorney General’s Report “The New York City Police Department’s ‘Stop & Frisk’ Practices,” People by Spitzer v. Town of Wallkill (systemic police misconduct), People by Spitzer v. Delta Funding, Inc. (mortgage lending discrimination), and People by Spitzer v. Nassau County (discriminatory tax assessment scheme).

Mr. Celli served as a commissioner and vice-chair of the New York State Temporary Commission on Lobbying from 2004 through 2007, and as a commissioner of the New York State Commission on Public Integrity from 2007 through 2011. In 2012, he was a Wasserstein Public Interest Fellow at the Harvard Law School. Andy has been a member of the board of directors of the Grand Street Settlement, a Lower East Side community organization, since 1993, and was Board President from 2009 through 2012.

Mr. Celli has written and lectured widely on civil rights and civil liberties issues, appearing at the National Association of Attorneys General, Harvard Law School, New York University School of Law, Albany Law School, the Association of the Bar of the City of New York, and as a legal commentator on Court TV.

Before joining Richard Emery in practice in 1993, Mr. Celli clerked for the Hon. Charles P. Sifton on the United States District Court for the Eastern District of New York and was a litigation associate at Cravath Swaine & Moore.

Mr. Celli has been named a “Super Lawyer” since 2007. He was named to Lawdragon’s “500 Leading Civil Rights & Plaintiff Employment Lawyers” list in 2023.

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Education

New York University School of Law, J.D., cum laude, 1990

Law Review
Libel Law Fellow
Order of the Coif
Judge Rose L. and Herbert Rubin Law Review Prize (for “the most outstanding Note for the Law Review in international, commercial, or public law”)

Hobart College, B.A., magna cum laude, 1987

Phi Beta Kappa

Admissions

U.S. Supreme Court
U.S. Court of Appeals, Second Circuit
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York
U.S. District Court, Western District of New York
New York

Memberships & Honors

Association of the Bar of the City of New York
Grand Street Settlement (board member since 1993)
Super Lawyer (2007 – 2024)

Attorney News

Representative Cases

Counsel to Avaaz Foundation, a global civic organization, in successful First-Amendment-based defense of subpoena issued by Monsanto Company (Avaaz Foundation v. Monsanto Company).

Counsel to Airbnb host in First Amendment retaliation case against NYC enforcement officials (Karol v. City of New York).

Counsel to the Hunts Points Produce Market Cooperative Association, the second-largest wholesale produce market in the world.

Counsel to world-renowned art collector in contract dispute with Sotheby’s involving a masterpiece by Jean-Michel Basquiat (Neumann v. Sotheby’s Inc.).

Counsel to The Tribune Company and Newsday, Inc. in litigation matters, including defamation and commercial cases.

Counsel to Connecticut-based manufacturing firm in Fifth Amendment Takings Clause challenge to federal assessment scheme (Swisher International Inc. v. Johanns).

Appellate counsel to EchoStar Corporation in multiple appellate matters (Bank One, N.A. v. Echo Acceptance Corp.; EchoStar Satellite Corp. v. ESPN).

Counsel to Ford Models, Inc. in unfair competition litigation against competitor (Ford Models, Inc. v. Next Management LLC; Ford Models, Inc. v. Spears).

“Outside general counsel” to Global Strategy Group, LLC, for regulatory, finance, and other business matters.

Counsel to two well-known New York City nightclubs in ongoing matters.

Successful defense of defamation cases (See, e.g., Galasso v. Saltzman; Sullivan v. Newsday, Inc.; Silver v. Bernstein et al.).

Counsel to book publisher in dispute with on-line sales management vendor (Fosina Marketing v. Scholastic Inc.).

Counsel to Penguin USA for pre-publication manuscript review and defamation/ copyright vetting of non-fiction titles in all genres from investigative journalism and memoir, to biography, satire, true–crime and criticism.

Counsel to highly compensated executives and professionals in employment related matters, including severance agreements and contract and partnership disputes. Recent matters include: representation of the General Counsel of a public company in severance negotiations; successful arbitration of employment dispute on behalf of CEO and chief marketing officer of security company; representation of physicians in partnership, professional discipline, and related disputes; representation of professional wrestler in dispute with wrestling league; representation of auction house executive in separation matter.

Counsel to The Doe Fund in ongoing commercial matters.

Counsel to newsstand operators in constitutional challenge to new rules governing ownership of newsstands in New York City (Gasparo v. City of New York and Uhlfelder v. Weinshall).

Appellate counsel for a Canadian manufacturing firm in product labeling litigation brought by a competitor (The Pillsbury Company v. Upper Crust, Ltd.).

Counsel to decorated NYPD detective John Barry in wage and hour litigation.

Counsel to a class of inmates at Rikers Island in a challenge to the New York City Department of Corrections’s disciplinary practices (Ingles v. City of New York).

Counsel to four Mexican-American teenagers in false arrest and excessive force action arising out of an illegal police “sweep” (Peralta v. City of New York).

Counsel to two African-American brothers falsely arrested and held without cause in profiling incident (Williams and Williams v. City of New York).

Represented Larry Rockefeller and Republican presidential candidate Steve Forbes in a successful constitutional challenge to New York’s ballot access laws (Rockefeller v. Powers).

Represented the office of New York City Public Advocate Mark Green in litigation against the Police Commissioner concerning the powers of the Public Advocate under the City Charter to obtain records from the New York City Police Department (Office of the Public Advocate v. Safir).

Represented a not-for-profit organization seeking injunctive relief against the New York State Department of Correctional Services in a First Amendment retaliation matter (Correctional Association v. Goord).

Represented the City of Mount Vernon, N.Y., in successful defense of a constitutional challenge to local adult zoning legislation (MJ Entertainment v. City of Mount Vernon).

Represents the family and Estate of Jodie S. Lane, a young woman who was killed by stray electrical voltage in the East Village in January 2004.

Represented the family of Emil Mann, Sr., a member of the Ramapough Lenape Indian tribe, in a jury trial resulting in a $2.4 million verdict against the New Jersey Park Police officer who shot and killed Mr. Mann.

Served as co-counsel representing retailer class in In re Visa Check/MasterMoney Antitrust Litigation.

Represents authors and photographers in intellectual property disputes.

Successful representation of individuals, including at trial, in civil rights actions alleging police misconduct (e.g., Bender v. City of New York; Beal v. City of New York; Tiffany v. Village of Briarcliff Manor; Roche v. City of New York).

Show More REPRESENtATIVE CASES (26)

Publications

  • “A Conversation on Federalism and the States” (symposium), 64 Albany Law Review (2001)

  • “VAWA Is Valid and Needed,” National Law Journal, January 17, 2000 (with J. Brown)

  • “Disorderly Conduct and the First Amendment,” New York Law Journal, October 1997 (with R. Emery)

  • “Toward a Risk Contribution Approach to Tortfeasor Identification and Multiple Causation Cases,” 65 New York University Law Review (1990)

Show More publications (4)
ECBAWM Partner Andrew G. Celli, Jr.

Education

New York University School of Law, J.D., cum laude, 1990

Law Review
Libel Law Fellow
Order of the Coif
Judge Rose L. and Herbert Rubin Law Review Prize (for “the most outstanding Note for the Law Review in international, commercial, or public law”)

Hobart College, B.A., magna cum laude, 1987

Phi Beta Kappa

Admissions

U.S. Supreme Court
U.S. Court of Appeals, Second Circuit
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York
U.S. District Court, Western District of New York
New York

Memberships & Honors

Association of the Bar of the City of New York
Grand Street Settlement (board member since 1993)
Super Lawyer (2007 – 2024)