Recognized nationally as a leading appellate litigator, Mr. Dvoretzky has argued 12 cases in the Supreme Court and will argue another later this term. 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 2019 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); and
Rotkiske v. Klemm, in which he persuaded the Court to reject a presumption applying the discovery rule to federal statutes of limitation.
Mr. Dvoretzky has briefed and argued dozens of cases across virtually all federal courts of appeals. His work has spanned many substantive areas, including constitutional law, administrative law, antitrust, arbitration, bankruptcy, labor and employment, ERISA, tax, telecommunications, securities, preemption, 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.
Mr. Dvoretzky is recognized in Chambers USA, in which clients call him a “tremendous strategist,” praise his “phenomenal argument technique” and “quickness on his feet,” and say he “easily grasps complicated issues and distills them down into easy-to-understand concepts.” Clients told The Legal 500, which ranks Mr. Dvoretzky a “leading lawyer,” that he is a “superb brief writer” who “handles oral arguments with grace and ease” and is “always prepared for all potential lines of questioning.” Additionally, he has repeatedly been selected as an Appellate MVP by Law360 (2019 and 2020) and as part of The National Law Journal’s Appellate Hot List (2016-20), in addition to being named a Litigation Trailblazer by the NLJ in 2018. Mr. Dvoretzky is a fellow of the American Academy of Appellate Lawyers and a member of the American Law Institute, the Edward Coke Appellate Inn of Court and the U.S. Chamber of Commerce’s Administrative Law & Regulatory Litigation Committee.
He has an active pro bono practice that includes criminal, immigration and constitutional cases. For example, he will be arguing on behalf of the petitioner in the upcoming U.S. Supreme Court case Caniglia v. Strom, which will address whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home.
Before joining Skadden, Mr. Dvoretzky was a partner in the appellate practice at another global law firm. Previously, he clerked for Justice Antonin Scalia of the U.S. Supreme Court and Judge J. Michael Luttig of the U.S. Court of Appeals for the Fourth Circuit.