Neal A. Potischman
Mr. Potischman is a partner in Davis Polk’s Litigation Department, practicing in the Menlo Park office. He has represented individuals and institutions in a variety of civil, regulatory and criminal matters. He has participated in and helped prepare multiple cases for trial, including by cross-examining a number of fact and expert witnesses. He also has represented a number of witnesses in testimony before the Securities and Exchange Commission. His practice focuses on securities litigation, antitrust and consumer fraud class actions, and regulatory matters (including relating to the Foreign Corrupt Practices Act). He regularly represents domestic and international technology companies, as well as their officers and directors, in high-stakes disputes and investigations.
Mr. Potischman is the hiring partner for the Menlo Park office.
Mr. Potischman has extensive experience litigating class action and other high-stakes civil disputes, with a focus on securities class actions and litigation relating to mergers and acquisitions, complex antitrust matters and consumer fraud cases.
- He was one of the lead lawyers representing Pfizer in connection with the 2009 landmark denial of class certification by Judge Patti B. Saris (D. Mass.) in a litigation in which plaintiffs sought $4.6 billion in alleged damages for payments relating to the off-label use of the prescription drug Neurontin.
- He was one of the lead lawyers for a wireless communications company in numerous class actions that have been filed in state and federal courts nationwide challenging the legality of early termination fees, late payment fees and handset locking practices – he recently (2010) helped that carrier win dismissal of all claims filed against it in connection with a putative class action suit that challenged various business practices.
- In his mergers and acquisitions practice, Mr. Potischman has represented companies and individuals in proceedings nationwide relating to deals (both friendly and hostile), ranging in size from $250 million to $47 billion. Recent representations include:
- SMART Modular in litigation relating to its acquisition by Silver Lake Partners (2011)
- LoopNet in litigation relating to its proposed acquisition by CoStar (2011)
- Palm in litigation relating to its acquisition by Hewlett-Packard (2010)
- Equinix in litigation relating to its acquisition of Switch and Data (2010)
- Abbott Laboratories in litigation relating to its acquisition of Advanced Medical Optics (2009)
- Roche in litigation relating to its acquisition of Anadys and Genentech (2011 and 2009, respectively)
- A major financial institution in litigation relating to Broadcom’s proposed acquisition of Emulex (2009-10)
- Mr. Potischman has actively litigated a number of civil and criminal antitrust matters, including in connection with alleged price fixing in the market for optical disc drives and also in the fine art auction market, and in connection with alleged monopolization of the market for services by heavy duty helicopters. He has also provided antitrust advice in connection with a number of mergers.
- In his securities litigation practice, Mr. Potischman has litigated a number of ’33 Act and ’34 Act claims in federal courts nationwide, recently obtaining dismissal of Section 11 claims filed against a Big Four accounting firm relating to investments in subprime securities. He is currently serving as lead counsel to multiple individuals involved in securities and derivatives actions pending in state and federal courts across the Western United States, and is actively involved in multiple subprime-related cases filed against a client investment bank.
- Current and former clients include Abbot Laboratories, AMI Semiconductor, Chimei-Innolux Corporation, Equinix, Erickson Air-Crane, KPMG, LG Electronics, Morgan Stanley, Palm, Pfizer, Roche AG, SMART Modular and T-Mobile USA.
Criminal, Regulatory and FCPA Matters
He has been extensively involved in our white collar, regulatory and internal investigations practice.
- He has conducted a number of internal investigations and compliance reviews (both proactive and reactive) for clients, including with respect to concerns about money laundering and compliance with the Foreign Corrupt Practices Act, in Asia, Latin America and Europe, in addition to the United States.
- He has extensive experience representing Big Four accounting firms and individual auditors in connection with such investigations, as well as in parallel civil securities litigation.
- He has been involved in two criminal trials and has defended numerous individuals and entities in regulatory investigations initiated by the Securities and Exchange Commission, the NASD, FINRA and the Federal Reserve Board.
Mr. Potischman is recognized by several leading legal publications, including:
- Benchmark Litigation – “Star”: California
- Law360 – “Rising Star”: Class Actions, 2013
Member of Davis Polk’s Securities Litigation Group, which is recognized by:
- Chambers USA – Band 1: Securities Litigation
- The American Lawyer – “Securities Litigation Department of the Year” finalist, 2014
- Law360 – “Securities Group of the Year”, 2013
Member of Davis Polk’s Antitrust Group, which is recognized by:
- Law360 – “Competition Group of the Year” by 2012, 2014, 2015, and 2016
- U.S. News Best Lawyers – “Law Firm of the Year”: Antitrust, 2013
- Partner, 2006-present
- Associate, 1999-2006
- Law Clerk, Hon. Leonard B. Sand, U.S. District Court, S.D. New York, 1998-1999