ShayDvoretzky

Partner

(T) + 1.202.879.3474

Shay Dvoretzky is a U.S. Supreme Court and appellate advocate. He has argued 10 cases in the Supreme Court and dozens more in appellate courts nationwide. His experience includes constitutional law, government regulation, federal preemption, labor and employment, bankruptcy, and complex statutory questions.

For example, in Merck v. Albrecht, he persuaded the Supreme Court to hold unanimously 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 NLRB v. SW General, he persuaded the Supreme Court to invalidate the Executive Branch's long-standing interpretation of the President's authority to appoint acting officials. In ACA International v. FCC, he convinced the D.C. Circuit to unanimously strike down the FCC's interpretation of the Telephone Consumer Protection Act, which will profoundly affect class actions nationwide. Other recent matters include an ERISA appeal in the Second Circuit, antitrust appeals in the Fifth and Sixth Circuits, a bankruptcy matter in the Eighth Circuit, and employment appeals in the Ninth Circuit. Shay's involvement often begins with strategic counseling and critical trial court motions, through which he develops issues for appellate success.

Shay regularly speaks and writes on appellate advocacy and the Supreme Court. He is a Fellow of the American Academy of Appellate Lawyers, a Barrister of the Edward Coke Appellate Inn of Court, 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.

Video

Experience

  • 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®.
  • 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.
  • 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 in Air & Liquid Systems Corp. et al. v. DeVries, No. 17-1104 (U.S.).
  • 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).
  • Constellation obtains rare victory in micro-bargaining unit caseJones Day client Constellation Brands U.S. Operations, Inc. secured a rare victory in a case challenging a National Labor Relations Board ("NLRB" or "Board") unit determination.
  • Macy's obtains strong dissent from denial of rehearing in micro-union caseIn a strong rebuke to the National Labor Relations Board ("NLRB" or the "Board"), six judges dissented from the denial of a petition for rehearing en banc filed by Jones Day on behalf of Macy's, Inc. in the U.S. Court of Appeals for the Fifth Circuit.
  • Husky International Electronics prevails before U.S. Supreme Court in bankruptcy discharge bar caseJones Day represented Husky International Electronics, Inc. before the Supreme Court of the United States in a case involving the scope of the "actual fraud" bar to discharge under section 523(a)(2)(A) of the Bankruptcy Code.
  • GM wins Sixth Circuit appeal affirming dismissal of all claims alleging breaches of collective bargaining agreementIn 2007, Jones Day client General Motors Corporation and the International UAW negotiated a new collective bargaining agreement (CBA).
  • Bloomberg wins dismissal in well-publicized pregnancy discrimination case brought by EEOCJones Day successfully defended Bloomberg, L.P. in a company-wide national and international discrimination and retaliation class action case brought by the Equal Employment Opportunity Commission (EEOC) that alleged that Bloomberg engaged in a pattern or practice of pregnancy discrimination by, among other things, reducing the pay of pregnant women and women who took maternity leave.
  • 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
    We use cookies to deliver our online services. Details of the cookies and other tracking technologies we use and instructions on how to disable them are set out in our Cookies Policy. By using this website you consent to our use of cookies.