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Neal A. Potischman
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, 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.

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.

Work Highlights

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. 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 litigating a variety of disputes arising from mergers and acquisitions, including shareholder suits and earn-out disputes. 

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 dozens of direct and indirect purchaser claims, including class actions, as well as claims brought by various state attorneys general. His antitrust litigation experience includes a number of industries, including both technology and life sciences.

Civil Litigation – Consumer Class Actions. Mr. Potischman also has extensive experience litigating consumer class 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.

Recognition

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

Professional History

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

Contact

  • 1600 El Camino Real
    Menlo Park, CA
    94025
    P: +1 650 752 2021
    F: +1 650 752 3621

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