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Shay Dvoretzky
Partner

Contact

(T) +1.202.879.3474
(F) +1.202.626.1700

Education

  • Yale University (J.D. 2000; Coker Fellow; Olin Fellow; Yale Club Scholar; William Wang Prize in Corporate Law; Yale Law Journal; B.A. summa cum laude 1995; Phi Beta Kappa; Distinction in the Political Science Major; James Bennett Prize for Outstanding Senior Thesis)

Bar Admissions

  • New York and District of Columbia

Clerkships

  • Law Clerk to: Hon. Antonin Scalia, Supreme Court of the United States (2001-2002) and Hon. J. Michael Luttig, U.S. Court of Appeals, Fourth Circuit (2000-2001)

Shay Dvoretzky has briefed and argued dozens of appeals nationwide. He has argued eight cases in the Supreme Court, with two more arguments scheduled later this Term. His experience includes constitutional law, challenges to government regulation, federal preemption, labor and employment, bankruptcy, and various complex statutory questions.

For example, 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, on behalf of an industrywide coalition, he convinced the D.C. Circuit to unanimously strike down the FCC's interpretation of the Telephone Consumer Protection Act, a ruling that will profoundly affect national class actions. In Heller Ehrman v. Jones Day, he persuaded the California Supreme Court to hold unanimously that a defunct law firm has no property interest in hourly rate matters that clients once entrusted to it. 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 and frames issues for success on appeal.

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


Honors & Distinctions

  • The Legal 500 US (leading lawyer, 2018; recommended, 2016-2017)

    Litigation Trailblazer, The National Law Journal (2018)

    Appellate Hot List, The National Law Journal (2016-2018)

    Lawdragon 500 Leading Lawyers in America (2018)

    Named a "Rising Star" by Law360 (2011)

Languages

Hebrew
Shay Dvoretzky