Neal A. Potischman
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 USA, Law360, Legal 500 U.S., and Super Lawyers.
His civil litigation practice 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 and serves on the Board of Directors of the Silicon Valley Campaign for Legal Services. He also serves as the hiring partner for Davis Polk in Northern California.
Mr. Potischman has extensive experience litigating high-stakes civil disputes, with a focus on securities litigation, antitrust litigation and other complex commercial cases, including consumer class actions. He also leads the firm’s white collar efforts in Northern California.
Civil Litigation – Securities and M&A Litigation. In his securities litigation practice, Mr. Potischman has litigated a number of ’33 Act and ’34 Act cases, as well as state law breach of fiduciary duty and similar claims in courts nationwide. He has litigated dozens of disputes arising from mergers and acquisitions, including shareholder suits and earn-out claims.
Civil Litigation – Antitrust Litigation. He has played a lead role in many antitrust matters, including claims of horizontal price fixing as well as monopolization. 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. His antitrust litigation experience involves industries such as technology, life sciences, and transportation, among others.
Civil Litigation – Consumer Class Actions. Mr. Potischman also has extensive experience litigating RICO and consumer fraud class actions and mass actions challenging product sales and marketing. He has litigated claims regarding pharmaceuticals, mobile telephones, food, and other 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 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. He has significant experience with the books and records and internal controls provisions of the Foreign Corrupt Practices Act, and has conducted investigations for clients worldwide.
Mr. Potischman is a recognized leader in the legal industry:
- Chambers USA – Recognised Practitioner
- Legal 500 U.S. – “Leading Lawyer”: M&A Litigation Defense
- Benchmark Litigation – “Star”: California
- Law360 – “Rising Star”: Class Actions, 2013
- Super Lawyers – selected as a "Super Lawyer in Civil Litigation, Defense: California” in 2014, 2015 and 2016
- Partner, 2006-present
- Associate, 1999-2006
- Law Clerk, Hon. Leonard B. Sand, U.S. District Court, S.D. New York, 1998-1999
Articles and Books
Life Sciences Companies Under Attack by Plaintiffs’ Securities Bar | Daily Journal, August 31, 2017
Jensen Embodied in Proposed Dodd-Frank Rule | The Daily Journal, October 14, 2016
United States: Anti-Cartel Enforcement
The Antitrust Review of the Americas 2016 | Global Competition Review