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. His work has spanned many substantive areas, including constitutional and administrative law, tax, preemption, arbitration, antitrust, bankruptcy, labor and employment, ERISA, telecommunications, securities, energy, intellectual property, and criminal defense, as well as various complex statutory questions. He also leverages his appellate experience to counsel clients on key strategic issues at the trial level, and to brief and argue dispositive motions with an eye toward appeal.
Recognized nationally as a leading appellate litigator, Mr. Dvoretzky has argued 23 cases in the Supreme Court. 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 latest Supreme Court victory came in FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd., in which he convinced the Court to hold that Section 47(b) of the Investment Company Act of 1940 (ICA) does not create an implied private right of action for private litigants to sue for certain violations of the ICA.