Neal A. Potischman
Mr. Potischman is a partner in Davis Polk’s Litigation Department, practicing in the Menlo Park office. He represents individuals and institutions in a variety of civil, regulatory and criminal matters, including trials. He also represents parties in proceedings before the Securities and Exchange Commission. His civil litigation practice focuses on securities litigation, antitrust litigation and complex commercial disputes, including consumer class actions. He also handles internal investigations and white collar and other regulatory matters, and has significant experience with the Foreign Corrupt Practices Act. 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, and aviation.
Civil Litigation – Securities and Mergers and Acquisitions Litigation
Mr. Potischman has extensive experience litigating class action and other high-stakes civil disputes, with a focus on securities litigation, antitrust litigation and other complex commercial cases, including consumer class actions.
In his securities litigation practice, Mr. Potischman has litigated a number of ’33 Act and ’34 Act as well as state law claims in courts nationwide.
- Representing directors of a life sciences company in derivative litigation relating to executive compensation, recently obtaining full dismissal with prejudice of a California state court compliant
- Obtained dismissal of Section 11 claims filed against a Big Four accounting firm relating to audits of a registered investment adviser
- Served as lead counsel to multiple individuals involved in securities and derivative 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
In his M&A litigation practice, Mr. Potischman has successfully represented companies and individuals in proceedings nationwide relating to deals (both friendly and hostile), ranging in size from $250 million to $47 billion. He has experience litigating fiduciary duty and federal securities law claims, as well as earn-out, appraisal, and other related types of cases. Recent representations include:
- Affymetrix and its directors in litigation relating to the acquisition of Affymetrix by Thermo Fisher Scientific
- Ingram Micro and its directors in litigation relating to the acquisition of Ingram Micro by HNA Group
- FormFactor in litigation relating to its proposed acquisition of Cascade Microtech
- Dialog Semiconductor in an earn-out dispute relating to Dialog’s acquisition of iWatt, in which Mr. Potischman argued a motion to dismiss that Chancellor Andre Bouchard in the Delaware Court of Chancery granted in its entirety
- A special committee of the board of directors of Broadcom in connection with Broadcom's acquisition by Avago Technologies
- SMART Modular and its directors in litigation relating to SMART's acquisition by Silver Lake Partners
- Equinix in litigation relating to its acquisition of Switch and Data
- Abbott Laboratories in litigation relating to its acquisition of Advanced Medical Optics
- Roche in litigation relating to its acquisition of Anadys and Genentech
- Multiple investment banks in connection with fairness opinions rendered in connection with technology and life sciences transactions
Civil Litigation – Antitrust Litigation
Mr. Potischman has played a lead role in many antitrust matters.
- Representing manufacturer of liquid crystal display (LCD) panels in multidistrict litigation and dozens of related cases nationwide involving claims of price-fixing asserted by hardware manufacturers, retailers, consumers, and state attorneys general.
- Represented manufacturer of optical disc drives in multidistrict price-fixing litigation.
- Represented clients in other antitrust matters, including relating to alleged price-fixing 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.
Civil Litigation – Complex Commercial Litigation
- Won a landmark denial of class certification in a litigation against Pfizer in which plaintiffs sought $4.6 billion in damages relating to the off-label use of the prescription drug Neurontin.
- Won dismissal of claims filed against a wireless communications company in connection with a putative class action suit that challenged various business practices.
- Won dismissal of a consumer class action alleging fraud in connection with marketing of a consumer product.
Criminal, Regulatory and FCPA Matters
Mr. Potischman has been extensively involved in our white collar, regulatory and internal investigations practice.
- Conducted a number of internal investigations and compliance reviews (both proactive and reactive) for clients, including with respect to concerns about bribery, money laundering and compliance with the books and records and internal controls provisions of the Foreign Corrupt Practices Act, in Asia, Latin America and Europe, in addition to conducting internal investigations in the United States.
- Extensive experience representing individuals and companies in connection with such investigations, as well as in parallel civil securities litigation.
- 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 a recognized leader in the legal industry:
- 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
He is a member of Davis Polk’s Securities Litigation Group, which was named:
- Chambers USA – Securities Litigation: Band 1
- The American Lawyer – “Securities Litigation Department of the Year” finalist, 2014
- Law360 – “Securities Group of the Year,” 2013
He is also a member of Davis Polk’s Antitrust Group, which was named:
- 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