Mr. Potischman is a member of Davis Polk & Wardwell’s Litigation Department, based in the Menlo Park office. Since joining Davis Polk, he has represented individuals and institutions in a variety of civil, regulatory, and criminal matters. He has participated in and helped prepare multiple cases for trial, including by cross-examining a number of fact and expert witnesses. He has successfully argued two appeals. He also has represented a number of witnesses in testimony before the Securities and Exchange Commission. A more detailed description of Mr. Potischman’s practice appears below.

Civil Litigation

Mr. Potischman has extensive experience litigating class action and other high-stakes civil disputes. He currently is one of the lead lawyers representing a major pharmaceutical company in nationwide litigation related to product marketing. The team has successfully defeated class certification in a number of state and federal jurisdictions. He has also represented Big 4 accounting firms in federal class action securities litigation.

He has represented a leading Wall Street investment bank in $50 million litigation relating to merger advice. He has represented another bank in a $100 million lease dispute with its landlord, successfully defeating repeated efforts at eviction while taking the lead role in preparing the bank’s own damages claims for trial. Mr. Potischman represents a leading European security company in litigation relating to the 9/11 terrorist attacks, a Big 4 accounting firm in litigation relating to audit services provided to a now-defunct corporation, and he has represented an individual in civil litigation relating to alleged price-fixing.

Criminal and Regulatory Matters

Mr. Potischman has been extensively involved in Davis Polk’s white collar, regulatory and internal investigations practice. He has been involved in two criminal trials and has defended numerous individuals and entities in regulatory investigations initiated by the Securities and Exchange Commission, the NASD, and the Federal Reserve Board. He has extensive experience representing Big 4 accounting firms and individual auditors in connection with such investigations.

He has conducted a number of internal investigations and compliance reviews for clients, both domestic and international, including with respect to concerns about money laundering and compliance with the Foreign Corrupt Practices Act.

Pro Bono Litigation

Since joining Davis Polk, Mr. Potischman has had an active pro bono practice. He recently led a team that was brought in to obtain, and which succeeded in obtaining, the release of a woman who had been incarcerated in state prison for civil contempt for more than one year. He previously has done appellate work on behalf of both the King’s County District Attorney’s Office and for the Legal Aid Bureau, and he has done pre-trial and trial work on behalf of federal criminal defendants pursuant to the Criminal Justice Act.

He joined Davis Polk in 1999 and became a partner in 2006.

Mr. Potischman graduated from Swarthmore College in 1995 and in 1998 received his J.D., cum laude, from Harvard Law School, where he was an editor of the law review. He clerked for the Honorable Leonard B. Sand, U.S. District Court, Southern District of New York, from 1998 to 1999. He is admitted to the bars of California and New York, and to various federal courts in both states.