ATTORNEY PROFILE

Neil L. Postrygacz

Commercial litigation and business counsel to companies, executives, entrepreneurs, and investors in matters throughout the United States and in international disputes.

BIOGRAPHY

Overview

Neil L. Postrygacz is a New York attorney who represents businesses, executives, entrepreneurs, and investors in complex commercial disputes and other consequential business matters throughout the United States. His litigation practice spans federal and state courts, arbitration, and mediation, and includes contract and ownership disputes, fraud and fiduciary duty claims, business torts, emergency proceedings, international discovery, and matters involving technology and emerging industries.

Neil approaches litigation with the business objective in view from the outset. He works directly with clients to identify the issues that matter most, preserve leverage, develop the evidentiary record, and determine when a dispute should be resolved and when it should be tried. In matters outside New York, he works with local counsel where required while remaining closely involved in strategy, briefing, discovery, witness preparation, and advocacy.

His practice also includes substantial international work. Neil has represented a petitioner in proceedings under 28 U.S.C. § 1782 in the Southern District of New York and the Southern District of Florida seeking U.S. discovery for use in Brazilian litigation, including subpoena enforcement, motions to quash and compel, confidentiality issues, and related discovery disputes.

In addition to his disputes practice, Neil serves as general counsel to a telecommunications company. In that role, he advises on contracts, commercial transactions, risk, disputes, and ongoing legal issues. That experience advising a business from the inside informs a practical approach to both litigation and transactional work: legal strategy should support the client's commercial objectives rather than exist apart from them.

Neil has also represented clients in disputes involving digital assets, telecommunications, trade secrets, confidential technology, closely held companies, commercial real estate, and other business relationships. His representation extends from initial assessment through negotiation, motion practice, discovery, hearings, trial, and, where appropriate, appeal.

EXPERIENCE

Selected Representative Matters

  • Fit Body Nation Commercial Lockout. Obtained an order restoring Fit Body Nation to possession after a contested New York commercial lockout trial in which the opposing side challenged the client's credibility.
  • McDermott v. Chapski. Obtained a unanimous First Department reversal vacating a default judgment and restoring the clients' ability to defend the action on the merits.
  • Zigler v. Featherstone Foods, Inc. Obtained dismissal of tortious interference claims arising from an asserted right of first refusal in connection with a corporate acquisition.
  • Cupcake & Boomboom, LLC v. Aslani. Defeated a motion to dismiss and sanctions application in a closely held business dispute involving ownership, management control, and fiduciary claims.
  • Kasen v. Mission Cantina, LLC. Successfully opposed expedited summary judgment in a dispute involving a promissory note and authority under an LLC operating agreement.
  • Section 1782 Discovery for Brazilian Litigation. Represented a petitioner in proceedings under 28 U.S.C. § 1782 in the Southern District of New York and the Southern District of Florida seeking U.S. discovery for use in Brazilian litigation, including contested subpoena and enforcement issues.
  • SingularDTV GmbH v. LeBeau. Represented executives in federal litigation involving digital assets, intellectual property, corporate accounts, and control issues in TRO and preliminary injunction proceedings.
  • Next Communications, Inc. v. Viber Media, Inc. Represented telecommunications technology companies in federal litigation involving trade secrets, confidential technology, and NDA obligations.
  • Cronos Group Ltd. v. XComIP, LLC. Represented an international telecommunications provider in a reported First Department decision involving commercial contract interpretation, telecommunications billing, and international call traffic.

Representative matters are illustrative only. Prior results do not guarantee a similar outcome. Every matter depends on its particular facts and circumstances.

CONTACT

Contact Neil L. Postrygacz

For commercial litigation, international discovery, general counsel, or transactional matters, contact Neil directly.

Contact Neil

Prior results do not guarantee a similar outcome. Every matter depends on its particular facts and circumstances.