FacultyFaculty/Author Profile
Neal A. Potischman

Neal A. Potischman

Davis Polk & Wardwell LLP

Menlo Park, CA, USA


Neal Potischman received his J.D. from Harvard Law School in 1998, where he served as an Editor of the Harvard Law Review. He received his B.A. (History and Political Science) from Swarthmore College, with distinction, in 1995. Prior to joining Davis Polk, he clerked for the Honorable Leonard B. Sand in the United States District Court for the Southern District of New York.

Neal is a litigation partner in Davis Polk's Menlo Park, California office. His practice focuses on class actions, particularly securities, consumer, and antitrust, as well as other high-stakes civil disputes. He has participated in and prepared multiple cases for trial.

Neal spearheads Davis Polk's West Coast securities litigation practice, regularly serving as the lead lawyer to companies and individuals in connection with high-stakes M&A matters and other disputes. He has represented individuals, financial institutions and other clients in connection with a variety of securities (including civil and SEC) assignments.

Neal has been involved in many of Davis Polk's most high-profile litigation matters of the past several years, including serving as one of the lead lawyers representing Pfizer in connection with the landmark denial of class certification in a litigation seeking $4.6 billion in damages for alleged false and deceptive promotion of the prescription drug Neurontin. He has also successfully represented T-Mobile in a variety of consumer class actions related to customer service agreements.  Neal has also litigated a number of civil and criminal antitrust matters.

In the acquisition context, Neal has served as counsel to the following entities and individuals, among others:

  • Palm and its directors in litigation relating to HP's acquisition of Palm;
  • Ingram Micro in connection with litigation relating to its acquisition of Brightpoint;
  • SMART Modular and certain of its directors relating to Silver Lake's acquisition of SMART;
  • Abbott Laboratories in connection with litigation relating to its acquisition of Advanced Medical Optics;
  • Blue Coat and its directors in connection with litigation regarding Blue Coat's acquisition by Thoma Bravo;
  • LoopNet and its directors in connection with the acquisition of LoopNet by CoStar;
  • Affymetrix in connection with litigation relating to its acquisition of eBioscience;
  • Equinix in connection with litigation relating to the acquisition of Switch & Data;
  • Roche in connection with litigation relating to its acquisition of Genentech;
  • AMIS Holdings in connection with its acquisition by ON Semiconductor;
  • MSC Software and its directors in connection with litigation relating to the acquisition of MSC by Symphony Technologies; and
  • Novafora in connection with litigation relating to its acquisition of Transmeta.


He has also represented Credit Suisse, Bank of America Merrill Lynch, Morgan Stanley, and Vector Capital in connection with acquisition-related disputes.

In recognition of the success he has achieved for his clients, Neal was named in 2012 and 2013 a California "Litigation Star" by Legal Media Group's Benchmark Litigation.

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