ShayDvoretzky

Partner

Washington + 1.202.879.3474

Shay Dvoretzky is a U.S. Supreme Court and appellate advocate. He has argued 12 cases in the Supreme Court and dozens more in appellate courts nationwide. His experience includes constitutional law, government regulation, federal preemption, labor and employment, antitrust, bankruptcy, and complex statutory questions.

In naming Shay a 2019 Litigator of the Year, the American Lawyer noted that he "has paved his way through the U.S. Supreme Court and federal courts of appeals with numerous unanimous wins." In Merck v. Albrecht, he persuaded the Supreme Court to hold that a judge, not a jury, should assess a pharmaceutical manufacturer's federal preemption defense, and should do so using ordinary legal burdens, not a heightened clear-and-convincing-evidence standard. In Rotkiske v. Klemm, he convinced the Supreme Court to reject a presumption applying the discovery rule to federal statutes of limitation. And in ACA International v. FCC, he persuaded the D.C. Circuit to unanimously strike down the FCC's interpretation of the Telephone Consumer Protection Act. Shay's involvement often begins with strategic counseling and critical trial court motions, through which he develops issues for success on appeal.

Shay regularly speaks and writes on appellate advocacy and the Supreme Court. He is a Fellow of the American Academy of Appellate Lawyers, a Master of the Edward Coke Appellate Inn of Court, an elected member of the American Law Institute, and a member of the Chamber of Commerce's Administrative Law & Regulatory Litigation Committee. His pro bono practice includes victories in criminal, immigration, and religious liberties cases.

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Experience

  • Defendant overturns revocation of supervised releaseJones Day successfully represented on appeal a defendant whose supervised release was revoked and obtained vacatur of the judgment on grounds that the government failed to establish the interstate commerce element of the criminal charge.
  • Fidelity obtains dismissal of all claims relating to alleged filing of suspicious activity report, affirmed by First CircuitJones Day obtained a significant victory on behalf of Fidelity Brokerage Services, LLC in a lawsuit brought by two former Fidelity customers and their investment advisor.
  • U.S. Chamber of Commerce convinces Seventh Circuit to narrow scope of TCPAJones Day's client the U.S. Chamber of Commerce, as amicus curiae, successfully convinced the U.S. Court of Appeals for the Seventh Circuit to narrow the scope of the Telephone Consumer Protection Act ("TCPA").
  • Jones Day secures third-in-a-row victory defeating bankrupt law firms' claims over former clients' mattersOn February 13, 2020, the D.C. Court of Appeals unanimously ruled in favor of Jones Day in the years-long lawsuit brought by the bankruptcy estate of Howrey LLP asserting claims for so-called "unfinished business."
  • Paul Klemm obtains Supreme Court victory in statute-of-limitations case with wide-ranging implicationsJones Day represented the Respondent, Paul Klemm, in his recent Supreme Court victory.
  • Premier Health Partners wins antitrust appeal in Sixth Circuit, affirming dismissal of suit targeting managed care contracts with insurersJones Day client Premier Health Partners obtained a win in an important antitrust appeal before the U.S. Court of Appeals for the Sixth Circuit.
  • SiriusXM successfully defends lawsuit relating to trial subscribers' contact informationJones Day successfully defended and obtained affirmance on behalf of Sirius XM Radio Inc. in a putative class action alleging violations of the Driver's Privacy Protection Act ("DPPA").
  • R.J. Reynolds successfully defends dismissal of unfair trade practices suit in Fifth Circuit appealOn July 10, 2019, the Fifth Circuit unanimously ruled in favor of Jones Day client R.J. Reynolds Tobacco Company (RJRT), affirming the district court's dismissal of a suit brought by Caldwell Wholesale Company, L.L.C. (Caldwell).
  • Merck obtains unanimous Supreme Court ruling in Fosamax® product liability caseJones Day represented Merck Sharp & Dohme Corp. in its unanimous win before the Supreme Court in a product liability case involving Merck's prescription medicine Fosamax®.
  • CBS successfully petitions for certiorari before Supreme Court in third-party asbestos lawsuitOn behalf of CBS Corporation, Jones Day successfully led efforts to obtain Supreme Court review.
  • Liquidation trustee successfully opposes petition for writ of certiorariJones Day represented the respondent Brian Weiss—a liquidation trustee in the bankruptcy of Walldesign, Inc.—in successfully opposing a petition for a writ of certiorari.
  • Wrongfully convicted Michigan woman to face no further charges after U.S. Supreme Court denies petition for certiorariJones Day successfully represented Hattie Mae Tanner in post-conviction proceedings, ultimately obtaining a result from the Supreme Court of the United States ensuring that Ms. Tanner will remain a free woman.
  • SiriusXM Radio prevails before D.C. Circuit in challenge to TCPA orderOn March 16, 2018, the D.C. Circuit unanimously ruled in favor of Jones Day’s client Sirius XM Radio Inc. in its challenge to the Federal Communications Commission’s order interpreting the Telephone Consumer Protection Act.
  • Pro bono client wins Seventh Circuit appeal on Sixth Amendment groundsOn behalf of a pro bono client, Jones Day successfully appealed an adverse ruling in a habeas corpus case to the U.S. Court of Appeals for the Seventh Circuit.
  • Jones Day prevails before California Supreme Court in Heller Ehrman "unfinished business" caseOn March 5, 2018, the California Supreme Court unanimously ruled in favor of Jones Day in the long-running suit brought by the bankruptcy estate of Heller Ehrman LLP asserting claims for so-called "unfinished business."
  • Cardinal Health successfully defends bundled pricingJones Day represented Cardinal Health, Inc. in antitrust litigation commenced by competitor Suture Express in Kansas federal court in December 2012.
  • Menorah Medical Center secures victory in National Labor Relations Board decision regarding peer review programsJones Day client Menorah Medical Center, an acute care hospital in Kansas affiliated with HCA, Inc., secured a victory in a case challenging a National Labor Relations Board decision involving the role of labor unions in hospitals' peer review programs.
  • R.J. Reynolds' victory in age discrimination case affirmed by Eleventh CircuitOn October 5, 2016, the U.S. Court of Appeals for the Eleventh Circuit sitting en banc affirmed a district court's decision in favor of Jones Day client R.J. Reynolds Tobacco Company (RJRT), holding that disparate-impact hiring claims are unavailable under the Age Discrimination in Employment Act (ADEA), and that equitable tolling does not apply when an unsuccessful job applicant does nothing to pursue his claims until being contacted by a class-action lawyer several years after the statute of limitations has expired.
  • Laroe Estates argues before Supreme Court in case involving Article III standing for intervenorsJones Day represented Respondent Laroe Estates, Inc., before the U.S. Supreme Court in a case involving when intervenors as of right must independently demonstrate Article III standing.
  • SW General prevails before U.S. Supreme Court in Federal Vacancies Reform Act caseJones Day successfully represented SW General, Inc. before the Supreme Court of the United States in a case involving the scope of the Federal Vacancies Reform Act (FVRA).
  • Speaking Engagements

    • February 4, 2016
      Emerging Issues in Product Liability Litigation
    • February 1, 2012
      Supreme Court Review
    • October 18, 2011
      Issues & Appeals – Supreme Court Review
    • April 2010
      Georgetown Law Center Conference on Sovereign Immunity and International Human Rights Litigation
    • October 2009
      Supreme Court Review
    • October 2009
      Supreme Court Review
    • April 2008
      Goodyear v. Ledbetter: An Advocate's View
    • December 2007
      C-SPAN Washington Journal (speaking about LaRue v. DeWolff, Boberg & Associates, Inc.)
    • 2004-2010
      Street Law Supreme Court Practice Seminar
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