Dvoretzky, Shay

Current Employment Position(s)

Partner

Languages

• Hebrew

Lawyer Overview

Shay Dvoretzky focuses his practice on appellate advocacy and complex motions. He has argued before numerous courts, including the U.S. Courts of Appeals for the Second, Sixth, Eighth, Ninth, Eleventh, and District of Columbia Circuits. Shay is particularly knowledgeable about labor law, employment law, and ERISA. His practice also has spanned other areas including constitutional law, RICO, administrative law, class action law, energy law, voting rights, and foreign sovereign immunity.

Shay's recent representative matters include authoring a successful petition for certiorari in a case that he will argue before the Supreme Court in March 2010 involving the scope of the Foreign Sovereign Immunities Act. He has recently served as the principal author of successful petitions and briefs in other Supreme Court cases involving Title VII (on behalf of Goodyear Tire & Rubber Co.), the Federal Power Act (on behalf of American Electric Power), and the ADEA (on behalf of the Chamber of Commerce of the United States). He also has successfully argued recent cases in the federal courts of appeals involving the vesting of retiree health benefits (on behalf of Crown Cork & Seal Co.), ERISA's anti-cutback and merger rules (on behalf of CBS Corporation), and class certification (on behalf of the Chamber of Commerce of the United States).

Shay regularly speaks and writes on issues including appellate advocacy, the Supreme Court, and employment law. He maintains an active pro bono practice, including victories in habeas and constitutional rights cases. He also serves as treasurer of the Edward Coke Appellate Inn of Court.

Areas of Practice

• Issues & Appeals
• Appellate Advocacy in the U.S. Supreme Court
• Appellate Litigation in Other Federal & State Courts
• Trial Litigation in Federal & State Courts
• ERISA & Other Employee Benefits Litigation

Representative Cases

• Albertson's wins dismissal of malicious prosecution action filed by the UFCW International , (2007)
• AOL obtains favorable jury verdict on breach-of-contract and tortious-interference claims related to CompuServe acquisition
• CBS Corporation and Westinghouse Pension Plan defeat ERISA action related to sale of business
• CBS Corporation wins summary judgment on indemnification and contribution claims in ERISA action by Northrop Grumman
• EDS resolves consolidated securities fraud action and ERISA class action
• Goodyear prevails in important Supreme Court Title VII decision involving statute of limitations period , (2009)
• New York public school forced to change discriminatory admission policy , (2009)
• NY state legislative redistricting plan is defended against voter claims of 14th Amendment and Voting Rights Act violations , (2009)
• Prisoner asserts rights under Religious Freedom and Institutionalized Persons Act , (2006)
• Pro bono client persuades 6th Circuit to reverse dismissal of federal habeas petition for failure to exhaust state remedies
• R.J. Reynolds defends claims filed in NY court by daughter of deceased smoker
• R.J. Reynolds prevails in decertifying statewide class action of former and current Florida smokers
• Scotts prevails in 11th Circuit appeal and preliminary injunction against competitor for trade dress infringement
• University of Notre Dame successfully challenges AmeriCorps funding
• Voters and political party officials successfully defend congressional redistricting plan against Voting Rights Act challenge
• Westinghouse Savannah River defends 4th Circuit appeal after discrimination claims denied
• Westinghouse Savannah River successfully defends ruling of disparate-impact and disparate-treatment on appeal in 4th Circuit

West Practice Categories

Bankruptcy Litigation, Class Actions, Complex Litigation, Employee Retirement Income Security Act (ERISA) -- Employee, Employee Rights -- Employee, Employment Law -- Employee, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, International Trade Litigation, Litigation & Appeals, Military & Veterans Appeals, Multidistrict Litigation, Patent Litigation, State Appellate Practice, State Trial Practice, Tax Litigation, US Court of Appeals for the Federal Circuit, US Supreme Court

Bar Admissions

• District of Columbia
• New York

Education

• Yale University

Published Works

• What The CBOCS Decision Means For Employers, Law360.com, 2008
• The U.S. Supreme Court's Labor and Employment Docket, 2007
• Supreme Court to Address Scope of Key Anti-Discrimination Law, 2006

Address

51 Louisiana Avenue, N.W.
Washington, DC 20001-2113

Phones

1.202.879.3474 (Business Phone)

Faxes

1.202.626.1700 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com