VictoriaDorfman

Partner

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Victoria Dorfman has two decades of experience counseling and representing clients in appellate, Supreme Court, and complex commercial litigation and international arbitration. She recently rejoined the Washington Office of Jones Day after spending 10 years in the Firm's New York Office. She continues to represent clients within the Second Circuit and New York state courts. She has successfully briefed cases at all stages of litigation and argued before federal and state courts of appeals.

Victoria's areas of in-depth experience include jurisdiction and civil procedure, arbitration, bankruptcy, antitrust, and general commercial litigation. She has successfully represented Experian in Fair Credit Reporting Act (FCRA) lawsuits at the district court and appellate levels. Victoria maintains an active First Amendment Establishment and Free Exercise practice and represents religious institutions. Victoria's representations also include obtaining unanimous victories in intergovernmental tax immunity and forum non conveniens cases in the United States Supreme Court; bankruptcy confirmations, including in appellate and Supreme Court proceedings, of Chrysler, the City of Detroit, Caesar's, Adelphia, and Relativity Media; international arbitration victories; and a damages award for Chevron against the government, including a sanction for bad faith litigation conduct.

Victoria served with distinction as a co-editor-in-chief of the ABA Appellate Practice Journal and was a member of the ABA Judicial Division's Amicus Committee. She has published articles on religion clauses, bankruptcy, federal jurisdiction, and statutory interpretation and is a contributing author and editor of The Practitioner's Guide to Appellate Advocacy. Victoria is a native speaker of Russian and is proficient in French and Portuguese.

Experience

  • Experian prevails in pair of lawsuits alleging that non-reporting of state statute of limitations of debts violates FCRAJones Day successfully represented Experian Information Solutions, Inc. in two lawsuits within the Second Circuit rejecting a novel theory of liability seeking to require Experian to report the state statute of limitations for bringing collection actions for charged off credit card debt.
  • Amici-professors' arguments adopted in Seventh Circuit en banc decision in First Amendment caseJones Day submitted an amicus brief on behalf of a group of professors in support of the defendants-appellants in an appeal concerning the proper scope of the First Amendment’s ministerial exception.
  • Experian prevails in series of lawsuits alleging that its reporting of "charged off" accounts violates FCRAJones Day successfully represented Experian Information Solutions, Inc. in multiple lawsuits filed in the Southern and Eastern Districts of New York based on Experian's reporting of "charged off" account balances.
  • Amici-professors' arguments adopted in Supreme Court decision in First Amendment caseJones Day submitted an amicus brief in support of the petitioners on behalf of a group of law professors in two consolidated U.S. Supreme Court cases concerning the proper scope of the First Amendment's "ministerial exception."
  • Retired federal employee obtains unanimous Supreme Court victory in decision barring discriminatory taxation of federal employeesJones Day obtained a unanimous victory in the U.S. Supreme Court in Dawson v. Steager, for a retired federal employee and his wife, in a case involving the intergovernmental tax immunity doctrine, the interpretation of which had divided state high courts.
  • Senior creditors of iHeartCommunications negotiate exit term loan facilityJones Day advised senior creditors holding in excess of $7.4 billion in iHeartCommunications, Inc.'s prepetition indebtedness in connection with all aspects of the restructuring of iHeart's debt in a chapter 11 proceeding in the United States Bankruptcy Court for the Southern District of Texas, including the negotiation and issuance of an approximately $3.5 billion senior secured exit term loan credit facility for iHeartCommunications, Inc. that was distributed to creditors under the plan.
  • Charter schools' arguments cited in New York Court of Appeals decision affirming charter school autonomyJones Day submitted an amicus curiae brief on behalf of several New York charter schools in a dispute over charter school autonomy.
  • Amici-professors' arguments adopted in Third Circuit decision in First Amendment caseJones Day submitted an amicus brief in support of the defendant-appellee on behalf of a group of law professors in an appeal concerning the application of the First Amendment “ministerial exception” to an employment contract dispute between the historic First Mount Zion Baptist Church of Pittsburgh and the church’s former pastor.
  • Bondholder group litigates claims related to Puerto Rico's debt restructuringJones Day is representing a bondholder group with respect to such holders' rights and remedies concerning the Employees Retirement System of the Government of the Commonwealth of Puerto Rico.
  • MF Global resolves dispute with holdout E&O insurersIn a collaboration among its Business Restructuring & Reorganization, Insurance Recovery and Issues & Appeals practices, Jones Day represented MF Global Holdings Ltd. and its affiliates ("MF Global") in litigation against certain dissenting insurance companies that refused to contribute to a 2016 global settlement of multi-district litigation brought by MF Global’s former commodities futures customers.
  • Relativity wins Second Circuit appeal against NetflixJones Day successfully brought Relativity Media, LLC and many of its affiliates through a Chapter 11 proceeding in bankruptcy and confirmed its plan of reorganization.
  • Amici-professors' writings cited frequently in Second Circuit decision in Establishment Clause caseJones Day submitted an amicus brief in support of Defendants-Appellees on behalf of a group of law professors in an appeal concerning the interpretation of the "ministerial" exception to the Establishment Clause and its application to the firing of a lay principal of a school run by the New York Archdiocese.
  • Caesars' second lien noteholders negotiate extraordinary recovery through consensual chapter 11 planJones Day represented the Official Committee of Second Priority Noteholders ("Second Priority Noteholders") of Caesars Entertainment Operating Company ("CEOC"), the casino operator who filed for bankruptcy in January 2015.
  • City of Detroit's chapter 9 plan of adjustment confirmedJones Day served as lead restructuring counsel to the City of Detroit in connection with its chapter 9 bankruptcy case filed in July 2013 and its ongoing restructuring efforts.
  • Kazakh investors initiate ICSID arbitration against UzbekistanJones Day represents Vladislav Kim and 11 other citizens of Kazakhstan in an ICSID arbitration against the Republic of Uzbekistan instituted pursuant to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on Promotion and Reciprocal Protection of Investments.
  • LUKOIL wins arbitration under UNCITRAL rules involving licensing rights to diamond mine in Russia worth $8 billionJones Day represented Arkhangelskoe Geologodobychnoe Predpriyatie ("AGD"), a subsidiary of LUKOIL, a Russian conglomerate, in an arbitration in Stockholm, under UNCITRAL rules, brought by Archangel Diamond Corporation ("ADC"), a subsidiary of DeBeers.
  • Sinochem prevails in U.S. Supreme Court in dispute involving jurisdictional rules that apply in U.S. federal courtsA team of Jones Day lawyers located in Washington, D.C. and Shanghai obtained a 9-0 victory in the U.S. Supreme Court on behalf of our client Sinochem International Co., Ltd., in an important dispute involving the jurisdictional rules that apply in U.S. federal courts.
  • Chrysler sold to Fiat-led "New Chrysler" after historic court proceedingsAfter a historic battle all the way to the United States Supreme Court, Chrysler LLC sold substantially all of its assets to Fiat-led "New Chrysler" (Chrysler Group LLC) on June 10, 2009, providing the opportunity for its iconic brands and U.S. operations to survive.
  • Bayer prevails in Supreme Court, ending federal Cipro antitrust class actionsOn March 7, 2011, the Supreme Court of the United States denied certiorari in In re Ciprofloxacin Hydrochloride Antitrust Litigation, bringing to an end an eleven-year battle between Jones Day client Bayer and antitrust class plaintiffs arising from a patent settlement concerning Bayer's popular antibiotic, Cipro.
  • Advising ethnic minority groups in Burma on peace negotiations with the governmentJones Day advised ethnic minority groups on possible approaches to peace negotiations by preparing a comprehensive survey of processes undertaken in similar circumstances in other countries.
  • Chevron successfully pursues federal court and administrative actions to challenge process for finalizing ownership interests at Elk Hills oil fieldJones Day successfully represented Chevron Corporation in several administrative proceedings and two trials in the U.S. Court of Federal Claims in matters relating to the administrative process established by the parties to finalize the government’s and Chevron’s ownership interests of the Elk Hills oil field near Bakersfield CA, the largest unitized oil field in North America.
  • Non-agent lenders defeat Adelphia's claimsJones Day represents approximately 400 lending institutions ("Non-Agent Lenders") in the Adelphia Communications bankruptcy case.
  • Prince Jefri Bolkiah, member of Bruneian royal family, pursues claims of fraud and breach of fiduciary duty against two former advisorsJones Day represents Prince Jefri Bolkiah, a member of the royal family of Brunei, pursuing claims of fraud and breach of fiduciary duty against two former advisors of Prince Jefri, Faith Zaman and Thomas Derbyshire, and related parties.
  • Port Authority of NY and NJ challenges DOT's planned auction of slots at JFK, LaGuardia and Newark airportsJones Day represented The Port Authority of New York and New Jersey in a series of legal proceedings arising out of the planned auction by the U.S. Department of Transportation, including the Federal Aviation Administration and the Office of the Secretary, of landing and take-off operating authorizations at JFK, La Guardia, and Newark airports.
  • Experian defeats suit in Ninth Circuit challenging, under Fair Credit Reporting Act, Experian's reporting of debt discharged in bankruptcyJones Day successfully defended Experian Information Solutions, Inc. in this suit against Experian and Bank of America.
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    June 2023 Alert

    Supreme Court Makes Civil RICO Available Against Fraudulent Domestic Efforts to Avoid International Arbitration Award Enforcement

    September 2022 Commentary

    Questions Remain as Supreme Court Restricts § 1782 Discovery in Private International Arbitrations

    June 2022 Alert

    Supreme Court Restricts 28 U.S.C. § 1782 Discovery in Aid of Arbitration

    August 23, 2021 External Publications

    En Banc Seventh Circuit Rules that Ministerial Exception Applies to Hostile Work Environment Claims

    JUNE 2021 Alert

    Supreme Court Again Reins in Scope of Claims Under the Alien Tort Statute

    June 2, 2021 External Publications

    Does The First Amendment Allow States To Require Religious Organizations To Pay for Abortions?

    February 21, 2021 External Publications

    Does the Ministerial Exception Apply to Hostile Work Environment Claims?

    February 2021 Commentary

    Supreme Court: FSIA's Expropriation Exception Applies Only to Sovereign's Taking of Foreigner's Property

    February 2021 Reprint

    En Banc Seventh Circuit to Hear an Important Church Autonomy Case in Demkovich v. St. Andrew the Apostle Parish, National Review

    August 2020 Reprint

    Valuing Litigation in Bankruptcy: The Use of Expert Witnesses to Testify About the Merits and Value of Litigation Claims, American Bankruptcy Law Journal
    View All

    Additional Publications

    • December 7, 2022
      DC Court of Appeals Holds That Judicial Intervention Is Inappropriate In a Religious Schism, available at https://fedsoc.org/commentary/fedsoc-blog/dc-court-of-appeals-holds-that-judicial-intervention-is-inappropriate-in-a-religious-schism
    • June 6, 2017
      How High Court Resolved The Service By Mail Circuit Split, Law 360
    • March 8, 2017
      A Brief History of Water Splash v. Menon, Law 360
    • 2013
      Determining Finality of a Judgment Awarding Damages, Appellate Practice, American Bar Association Section of Litigation
    • 2010
      Jurisdiction, Chapter 4 in The Practitioner’s Guide to Appellate Advocacy, ABA Book Publishing
    • 2009
      Winter v. Natural Resources Defense Council: Insights into Seeking Preliminary Injunctions, ABA Appellate Practice Journal
    • Winter 2007
      The Appellate Practice Associate’s Survival Guide: Tips for Success in a Law Firm Appellate Practice, ABA Appellate Practice Journal
    • March 2007
      Preliminary Reflections on Sinochem, Opinio Juris Weblog available at http://opiniojuris.org/2007/03/16/preliminary-reflections-on-sinochem/.
    • 2007
      Decisional Sequencing: The Supreme Court Clarifies When Jurisdiction Must Be Established Prior To Dismissal on a Non-Merits Threshold Ground, ABA Appellate Practice Journal
    • Winter 2006
      Statutory Construction: Lessons From The Recent Supreme Court Decisions, ABA Appellate Practice Journal
    • 2001
      Note, Powers of Congress and the Court Regarding the Availability and Scope of Review, 114 Harvard Law Review 1551

    Speaking Engagements

    • March 30, 2021
      Doctrine Briefing: The Ministerial Exception, Teleforum, a podcast of The Federalist Society’s Practice Groups
      https://fedsoc.org/events/the-ministerial-exception
    • August 31, 2020
      Special Topics in Religious Liberty Series #1: Recent and Upcoming Supreme Court Cases
      https://fedsoc.org/events/special-topics-in-religious-liberty-series-1-recent-and-upcoming-supreme-court-cases
    • May 3, 2011
      Staub v. Proctor Hospital - Post-Decision SCOTUScast
      https://fedsoc.org/commentary/podcasts/staub-v-proctor-hospital-post-decision-scotuscast
    • November 10, 2010
      Staub v. Proctor Hospital - Post-Argument SCOTUScast
      https://fedsoc.org/commentary/podcasts/staub-v-proctor-hospital-post-argument-scotuscast

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