Shay Dvoretzky

Associate, Jones Day

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.


Professional Experience

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

Education

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

Publications

Armour v. Indianapolis - Post-Argument SCOTUScast
SCOTUScast 03-13-12 featuring Shay Dvoretzky
March 13, 2012
SCOTUScast 7-28-09 featuring Shay Dvoretzky
Gross v. FBL Financial Services, Inc.
July 28, 2009
SCOTUScast 5-27-09 featuring Shay Dvoretzky
Gross v. FBL Financial Services, Inc.
May 27, 2009
SCOTUScast 4-29-08 featuring Shay Dvoretzky
LaRue v. DeWolff and Sprint/United Management Co v. Mendelsohn
April 29, 2008
SCOTUScast 12-6-07 featuring Shay Dvoretzky
LaRue v. DeWolff and Sprint/United Management Co. v. Mendelsohn
December 6, 2007