Shay Dvoretzky is the head of Skadden’s Supreme Court and Appellate Practice. He represents clients in a wide range of appellate matters in the U.S. Supreme Court, federal courts of appeals, and state appellate courts.
Recognized nationally as a leading appellate litigator, Mr. Dvoretzky argued his 22nd and 23rd cases in the Supreme Court this term. He has been one of the most active practitioners before the Supreme Court in recent years, arguing 12 merits cases since 2020. Mr. Dvoretzky’s recent Supreme Court victories include:
Merck v. Albrecht, in which he persuaded the Court to hold that a judge, not a jury, should assess a federal preemption defense, and should do so using ordinary, not heightened, legal standards (The American Lawyer discussed the case in naming Mr. Dvoretzky a Litigator of the Year, noting that he has “paved his way through the U.S. Supreme Court and federal courts of appeals with numerous unanimous wins.”)
GE Energy v. Outokumpu, in which he convinced the Court to hold that international arbitration agreements under the New York Convention should be treated on an equal footing with domestic ones under the Federal Arbitration Act (including as to enforcement by nonsignatories)
Rotkiske v. Klemm, in which he persuaded the Court to reject a presumption applying the discovery rule to federal statutes of limitation
Caniglia v. Strom, in which he persuaded the Court to unanimously hold that the so-called “community caretaking” exception to the Fourth Amendment’s warrant requirement does not extend to the home