Biography
Legal Experience
Education
B.A., The George Washington University
J.D., St. John's University School of Law
Current and Past Admissions
For more than three decades, Neal Eiseman was a partner at Goetz Fitzpatrick LLP, one of the premier construction and commercial litigation law firms in the tri-state area. He represented a wide variety of corporate clients in the construction and real estate industries, including real estate developers, lenders, owners, construction managers, contractors, sureties, manufacturers and design professionals. Along with representing clients in commercial disputes in the state and federal courts and in arbitrations, he also served as a neutral arbitrator and mediator for parties engaged in business disputes. Neal is on various American Arbitration Association ("AAA") panels, including the AAA's Master Panels for both arbitration and mediation.
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Prior to launching Eiseman ADR, in a decision that received national coverage, Neal represented a number of unpaid telecommunications companies who sued Wells Fargo Bank in the U.S. District Court of the Eastern District of New York for the diversion of monies funded by certain public entities to pay for the subcontractors’ work. The lawsuit, certified as a class action, was tried before Judge Leonard D. Wexler who issued a decision awarding the subcontractors 100% of their claims totaling, including interest, $2.7 million. In the recent past, Neal obtained a $1 million-plus arbitration award, which included attorney’s fees, against the sponsor of a Manhattan condominium project on behalf of various unit owners who claimed the fair market value of their apartments had been reduced by virtue of the sponsor’s actions. He also obtained a unanimous reversal of an adverse decision of a New York federal trial court when the Second Circuit Court of Appeals held that a “Residential Exclusion” rider in a comprehensive general liability insurance policy does not permit a contractor’s insurance company to disclaim coverage because the project in question involves the construction of a residential condominium project.
Recent Speaking Engagements
Neal is a regular speaker at events held by the American Bar Association (“ABA”), the AAA and the College of Commercial Arbitrators.
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In June 2023, Neal spoke at the American Arbitration Association’s Annual Construction Conference in L.A. on “Game Changers: Takeaways in Construction Dispute Resolution.”
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In March 2023, Neal moderated a session on construction arbitrations at the American Bar Association’s Arbitration Training Institute in New York, N.Y.
As he has on many occasions in the past, in 2023, at the request of the American Arbitration Association, Neal trains its newly appointed arbitrators.
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In June 2022, Neal spoke at the ABA's Arbitration Institute in Chicago on “What Commercial Arbitrators Need to Know: Recent Decisions and Legislation Affecting the Practice of Arbitration.”
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Last May, Neal moderated a College of Commercial Arbitrators Best Practice Webinar on “Convincing Your Arbitrators to Authorize the Discovery You Really Need in Your Commercial Arbitration.”
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In April 2021, Neal moderated a panel discussion at the ABA’s Section on Dispute Resolution’s Spring Meeting addressing “Post-Pandemic Arbitration: Old School or New Age?” Also in April 2021, on behalf of the American Arbitration Association, Neal taught new AAA arbitrators about “Arbitrator Fundamentals and Best Practices.”
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In January 2020, Neal’s Sound Advice Podcast, “Selecting the Right Commercial Arbitrator” was posted on the ABA Section of Litigation’s website. In October 2020, Neal (i) participated as a panel member in an AAA/ICDR presentation addressing “How to Effectively Deal With the 3oo Change Order Dispute: Who Controls the Process?’; and (ii) discussed the legal issues involving “Nonsignatories to Arbitration Agreements” at the College of Commercial Arbitrators annual meeting. In November 2020, he hosted an online session for the AAA entitled, “Best Practices Roundtable on Virtual Hearings.”
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In December 2019, Neal spoke at the 2019 Construction SuperConference in Los Angeles on “What Counsel and Witnesses Do that Drive Arbitrators Nuts.” Last May he spoke at the ABA Section of Litigation Conference in New York City on “A Delicate Balance: Arbitrating Your Client’s Complex Commercial Case Without Sacrificing Speed, Efficiency and Cost-Savings.” In April 2019, he spoke American Arbitration Association’s Annual Construction Conference in Miami on “Don’t Forget the Damages—You Can’t Win on Entitlement Alone.” Also in April 2019, Neal spoke at the ABA Section of Dispute Resolution’s Annual Conference in Minneapolis, MN on “How to Save the Parties From Themselves in Construction Arbitrations.”
New York
New Jersey
U.S. District Court, SDNY
U.S. District Court, EDNY
U.S. District Court, New Jersey
U.S. Second Circuit Court of Appeals
U.S. Supreme Court
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Teaching Experience and Service
Neal is a Fellow and, for 2022-23, President of the College of Commercial Arbitrators, an invitation-only fellowship of nationally and internationally recognized commercial arbitrators.
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As an Adjunct Professor at Cardozo School of Law, Neal teaches a course on Construction Law. He also served as an Adjunct Professor at New York University where, for more than 25 years, he taught masters-level courses in construction, real estate law, negotiation, and dispute resolution. In 2015, Neal received NYU’s School of Professional Studies “Award for Outstanding Service.”
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Neal is a member of the American Bar Association, New York State Bar Association, New Jersey Bar Association, and the New York County Lawyers’ Association. He has also been Chair of the ABA’s Section of Litigation’s Sub-Committee on Arbitration.
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Professional Recognition
Neal’s expertise has been widely recognized by publications and fellow attorneys. He was named by Super Lawyers to its list of the “100 Top Lawyers” in the New York Metropolitan Area in 2016, 2017, 2018, 2021, 2022, and 2023. Neal was also named Best Lawyers “Lawyer of the Year” in New York City for Litigation-Construction Law in 2017.
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Neal is also a Fellow of the Chartered Institute of Arbitrators, as well as a Member of the National Academy of Distinguished Neutrals.
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For over ten consecutive years, including 2023, Neal has been a peer-selected “Best Lawyer in America®”; rated “AV Preeminent” by Martindale-Hubbell; recognized for 16 consecutive years as a “Super Lawyer®”; and has been listed by “Who’s Who Legal” as “one of the world’s leading practitioners” in construction. Neal was also named one of Bergen County, New Jersey’s “Top Lawyers” in (201) Magazine.
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Chambers USA ranks Neal as a Band 1 Construction Mediator in New York. Chambers USA has also referred to Neal as “very intelligent” and “a breath of fresh air,” praising him for his ability to “bring to the table a pragmatic approach.” Chambers also noted that Neal “is a highly regarded mediator” and “is the consummate professional, understanding the details and getting to the bottom of things very quickly.”
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In 2021, Neal was named an Albert Nelson Marquis Lifetime Achievement honoree, bestowed upon less than five percent of Marquis Who’s Who 1.5 million listees.
Publications
Neal writes extensively about construction and commercial issues for various legal publications. Most recently, in August 2021, he co-authored an article appearing in the ABA Section of Litigation's journal, Litigation, on "Debunking Misperceptions: The Upsides of Commercial Arbitration." For a list of some of Neal's articles, see Publications.
