Current Employment Position(s)

Associate

Languages

• Hebrew

Lawyer Overview

Shay Dvoretzky specializes in appellate advocacy, complex motions in trial courts, and legal strategy. 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. He has represented Firm clients in the Supreme Court of the United States and in federal and state courts throughout the country. His practice has spanned a wide range of subject areas, including constitutional law, Title VII, ERISA, LMRA, the NLRA, election law and voting rights, intellectual property, securities fraud, RICO, administrative law, products liability, section 1983 claims, energy law, taxation, bankruptcy, and general commercial litigation.

Shay has particular experience in labor and employment law and employment class actions. For example, he has successfully argued appeals involving the vesting of retiree health benefits and the arbitrability of disputes over such benefits after a collective bargaining agreement expires, see Crown Cork & Seal Co. v. International Association of Machinists and Aerospace Workers, __ F.3d __, 2007 WL 2701208 (8th Cir. Sept. 18, 2007); ERISA's anti-cutback and merger rules, see McCay v. Siemens Corp., 2007 WL 2119827 (11th Cir. July 25, 2007); and the denial of certification of a 3,000-member class, see Love v. Johanns, 439 F.3d 723 (D.C. Cir. 2006).

In addition, Shay maintains an active pro bono practice and has represented indigent individuals in numerous cases. For example, in Turner v. Bagley, 401 F.3d 718 (6th Cir. 2005), which Shay argued before the Sixth Circuit, the court of appeals reversed the district court's judgment and granted Jones Day's client a writ of habeas corpus based on constitutional violations related to his state conviction.

Shay regularly speaks and writes on issues including appellate advocacy, the Supreme Court, and employment law. He also serves as the D.C. Circuit editor for the ABA Appellate Practice Journal, frequently judges moot courts for various organizations, and belongs to the Edward Coke Appellate Inn of Court.

Shay joined Jones Day following clerkships on the U.S. Court of Appeals for the Fourth Circuit and the Supreme Court of the United States. Before law school he worked for several years as a management consultant.

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

Representative Cases

• America Online, Inc. v. Block Financial Corp., No. WD 62286 (Mo. Ct. App.)
• American Jewish Congress v. Corporation for National and Community Service, 323 F. Supp. 2d 44 (D.D.C. 2004); D.C. Cir. No. 04-5317-18
• Anderson v. Westinghouse Savannah River Co., No. 03-1150(L) (4th Cir.); CA 1:98-2075-22, 2000 U.S. Dist. LEXIS 8013 (D.S.C. May 25, 2000)
• Hall v. Virginia, 385 F.3d 421 (4th Cir. 2004), aff'g 276 F. Supp. 2d 528 (E.D. Va. 2003)
• In re Elec. Data Sys. Corp. Sec. Litig., No. 6:03-MD-1512 (E.D. Tex.); In re. Elec. Data Sys. "ERISA" Litig., No. 6:03-MD-1512 (E.D. Tex.)
• Lambirth v. Cambra , (2006)
• Ledbetter v. Goodyear Tire & Rubber Co., Inc., 127 S. Ct. 2162 (2007) , (2007)
• Liggett Group Inc. v. Engle, 853 So.2d 434 (Fla. 3d DCA 2003); Engle v. Liggett Group Inc., No. SC03-1856 (Fla. 2004)
• McCay, et al. v. Siemens Corporation, Siemens Westinghouse Retirement Plan for Union Employees, CBS Corporation and Westinghouse Pension Plan, C.A. CV-01-0230 (N.D. AL.)
• Pieseski v. Northrop Grumman Corp. v. Viacom, Inc., Case No. 01-0993 (W.D. Pa.)
• Rau vs. New York City School Board, et al.
• Rodriguez v. Pataki, 308 F. Supp. 2d 346 (S.D.N.Y. 2004) (Three-Judge Court).
• Scotts Co. v. United Industries Corp., No. 02-15429, 2003 WL 678406 (11th Cir. Feb. 13, 2003)
• Standish-Parkin v. Lorillard Tobacco Co., et al., No. 18418/97 (N.Y. App. Div., 1st Dep’t)
• Turner v. Bagley, No. 03-3130 (U.S. Court of Appeals for the Sixth Circuit) , (2005)
• United Food and Commercial Workers International Union v. Albertsons, Inc., United States District Court for the Western District of Washington, Case No. C06-813JLR , (2007)
• Watts v. Westinghouse Savannah River Co., et al., No. 04-2413 (4th Cir.)

West Practice Categories

Bankruptcy Litigation, Class Actions, Complex Litigation, 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