Neal A. Potischman
  1. Partner

Mr. Potischman is a partner in Davis Polk’s Litigation Department, practicing in Northern California. He represents individuals and institutions in a variety of civil, regulatory and criminal matters.  He has been recognized as a leading litigator in Northern California by Benchmark Litigation, Chambers USALaw360, Legal 500 U.S., and Super Lawyers.

Mr. Potischman leads our West Coast commercial litigation practice. His practice is global and focuses on class actions, including securities, antitrust, RICO and consumer protection matters, as well as complex commercial disputes. He also handles internal investigations and white collar and other regulatory matters. He frequently represents not only companies but also officers and directors. His high-stakes representations have spanned a variety of industries including technology, telecommunications, life sciences, media, financial services, insurance and aviation.

Mr. Potischman has an active pro bono practice. He currently coordinates Davis Polk’s pro bono program in Northern California. He is active in the Bay Area legal community, including the Silicon Valley Campaign for Legal Services and the Edward J. McFetridge Inn of Court.  He served for more than a decade as the hiring partner for Davis Polk in Northern California.

Work Highlights

Mr. Potischman has extensive experience litigating high-stakes civil disputes, with a focus on securities, antitrust, and consumer class action litigation, as well as other complex commercial cases. He also leads the firm’s class action and commercial litigation efforts in Northern California. In 2019, Law360 recognized him as one of four class action defense MVPs nationwide.

Civil Litigation – Securities Litigation. In his securities litigation practice, Mr. Potischman has litigated dozens of ’33 Act and ’34 Act cases, as well as state law breach of fiduciary duty and derivative similar claims, in courts nationwide.

Civil Litigation – Antitrust Litigation. He has played a lead role in many antitrust matters, including claims of monopolization  as well as horizontal price fixing. He has litigated a significant number of direct and indirect purchaser claims, including class actions, as well as claims brought by various state attorneys general.

Civil Litigation – Consumer Class Actions. Mr. Potischman also has extensive experience litigating RICO and consumer fraud class actions and mass actions challenging product sales, marketing, and applicable terms and conditions. He has litigated claims regarding a variety of consumer products. He has successfully defeated certification of consumer classes on multiple occasions and has succeeded in getting other putative consumer class actions dismissed at the pleading stage.

Criminal, Regulatory and FCPA Matters. Beyond his civil litigation practice, he has been extensively involved in a number of global white collar, regulatory and internal investigations matters, conducting internal investigations, compliance reviews, and responding to investigations initiated by the Department of Justice and the Securities and Exchange Commission.

Recognition

Mr. Potischman is a recognized leader in the legal industry:

  • Chambers USA – Securities Litigation - California
  • Legal 500 U.S. – “Leading Lawyer”: M&A Litigation Defense
  • Benchmark Litigation – “Star”: California
  • Law360 – Class Actions MVP of the Year | 2019; Rising Star | 2013
  • Super Lawyers – selected as a "Super Lawyer in Civil Litigation, Defense: California” in 2014, 2015 and 2016

Professional History

  • Partner, 2006-present
  • Associate, 1999-2006
  • Law Clerk, Hon. Leonard B. Sand, U.S. District Court, S.D. New York, 1998-1999

Bar Admissions

  • State of California
  • State of New York
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, C.D. California
  • U.S. District Court, E.D. California
  • U.S. District Court, N.D. California
  • U.S. District Court, S.D. California
  • U.S. District Court, Colorado
  • U.S. District Court, E.D. New York
  • U.S. District Court, S.D. New York

Education

  • B.A., History and Political Science, Swarthmore College, 1995
    • with distinction
  • J.D., Harvard Law School, 1998
    • cum laude
    • Editor, Harvard Law Review