“Dear Mr. Moritz: I just wanted to express my appreciation and that of the People of the State of Illinois for your fine representation before the Illinois and United States Supreme Court in the interstate message tax case. It is difficult to overstate the significance of this litigation. Because of the large amount of revenue at risk, an adverse ruling would have jeopardized many vital state programs… I want to commend you on your fine work in this case.” Letter from Governor, James, R Thompson, May 16, 1989
Experience
Following a successful career as an advocate where he tried or otherwise resolved a wide array of complex commercial matters, Mr. Moritz has spent the last 15 years serving as a Commercial Arbitrator and Mediator. As an arbitrator he has handled over 100 commercial disputes of varying complexity. Mr. Moritz is a member of the American Arbitration Association (“AAA”) serving on its energy, joint venture, and commercial and large complex case panels. He is a member of both the energy and the commercial panels of the International Institute for Conflict Prevention and Resolution (“CPR”). He is certified by the ADR Committee of the Midcontinent Independent Systems Operator (MISO) and the Board of the Midwest Reliability (MRO) as a mediator and arbitrator. He concentrates on domestic matters but has also served on ICDR matters. He has handled administered and ad hoc cases. He is a Fellow of the College of Commercial Arbitrators, a Fellow of the Chartered Institute of Arbitrators, a Fellow of the American Bar Foundation and a Charter Member of the National Academy of Distinguished Neutrals. As an adjunct professor he taught an arbitration course at Loyola University’s Corboy School of law for 7 years
Work History
2014 -to present Arbitrator, Mediator and Counsel; 1981 - 2014 Goldberg Kohn Ltd. Senior Partner, founder and Chair of the litigation practice; 1979 -1981 Partner at Rudnick & Wolfe; (now DLA Piper); Partner and Associate 1971-1979 Isham Lincoln & Beale; 1969--1971 law clerk to the Honorable William J. Lynch, U. S. District Court for Northern District of Illinois; 1967-1969 Agent U.S. Department of Treasury, assigned to internal investigation of the IRS
Cases
Recent Electrical Energy and Alternative/Renewable Energy Arbitrations. Multi-million-dollar post completion dispute involving wind-farm development agreement and proper allocations of construction cost savings. Ad Hoc Proceedings Sole Arbitrator-Award issued. Dispute concerning long-term real estate purchase option for 13 separate sites in the vicinity of power plant locations for the acquisition of land to be used for the installation of Bulk Energy Storage Systems. Panel Chair. Ad Hoc Arbitration. Award issued. Breach of Contract/Warranty Dispute concerning the purchase, sale, and performance of several multi-million-dollar wind turbines. Eight figure payment dispute concerning 300 MW alternative energy facility (wind farm) and public utility that agreed to purchase the wind farms power output. The Issue concerned grid congestion and the impact of the congestion on commencement of purchase obligations of the utility. Award issued. Breach of Supply Contract: Dispute concerning pricing of a long-term energy supply agreement. Wing arbitrator. Award issued. Financial Hedging Transaction: Dispute between RTO and investor regarding issues of market manipulation that nullified $2,500,000-$5,000,000 of potential value of hedging positions. Chair of Panel Fire caused by contractor\"s faulty workmanship resulting in the destruction of several million dollars of energy production equipment. Sole Arbitrator Energy Joint Venture Agreement: Power plant dispute regarding non-performance of obligations under a joint venture agreement-Sole Arbitrator. Recent significant commercial arbitration matters. ICDR Dispute concerning imposition of environmental taxes associated with the delivery of a tanker of petroleum products to the United States. Wing arbitrator. Franchise Dispute: Alleged breach of franchise agreement at multiple locations. Issue concerned nonperformance of supply obligations by franchisor and impact of that failure on the franchisee’s obligations under the agreement. Sole Arbitrator Award Issued. Insurance industry Trade Secrets Matter: Enforcement of Texas Uniform Trade Secrets Act and related Contract Provisions-Sole Arbitrator- Award Issued. Emergency Arbitrator: Post termination breach of employment agreement and confidentiality agreement. Injunctive Relief Granted. Health Care; l Breach of M&A Advisory Agreement by a health service company. Matter concerned, the payment of an M&A advisory fee incident to a $20million to $ 30million partial acquisition of the health service company. Chair-Award issued. Health Insurance: Payor/Provider Multi-year, multi-million-dollar dispute involving over 4000 disputed claims between a hospital group and an insurance carrier. Resolved. Health Insurance: Payor/Provider dispute involving multiple disputed claims between a governmental hospital system and a carrier. Resolved Forced redemption of minority shareholders just prior to significant venture capital investment: Valuation issues following buy-out of minority shareholders. Guarantee Dispute: Several disputes as to scope of a guarantee between two principals and a Corporate Lender- Sole Arbitrator -Award Issued. Industrial Damage Claims: Fire caused by contractor’s faulty workmanship resulting in the destruction of several million dollars of industrial equipment. Sole Arbitrator Trust Agreement: Control of Management of a $5,000,000 Trust. Emergency Arbitrator-reasoned interim award issued denying preliminary injunction.
Training
Institute for Conflict Management, LLC, Commercial Arbitration Certification Program, 2007 CPR International Institute for Conflict Prevention & Resolution, Intensive Mediation Training, 2007 Cook County Mandatory Arbitration and Mediation, New Arbitrator Training, 2008 CPR International Institute for Conflict Prevention & Resolution and Chartered Institute of Arbitrators, Best Practices in International Arbitration, 2008 American Arbitration Association, Arbitration Awards: Safeguarding, Deciding & Writing An Award, 200 The Chartered Institute of Arbitrators, Accelerated Route to Fellowship, International Arbitration, 2009 The Chartered Institute of Arbitrators Accelerated Route to Fellowship, North American Branch, International Commercial Arbitration Training, 2010 Pepperdine University School of Law, Teaching Law School ADR Classes, 2011 Pepperdine University School of Law
License(s)
Mr. Moritz is admitted to practice in New York and Illinois; He is a member of the bar of the United State Supreme Court; the U.S. District Court, Northern District of Illinois; and the Seventh Circuit Court of Appeals.He has been admitted pro hoc vice in numerous other Federal jurisdiction.
Education
Loyola University BS 1966, Loyola University School of Law JD 1970-
Publications
Mr. Moritz is a frequent author and lecturer on a variety of topics. Mr. Moritz’s article, “U.S. Arbitration Law in the Wake of AT&T Mobility,” appeared in the Penn State Dickinson School of Law Yearbook on Arbitration and Mediation Vol. 4 (February 2012) (http://pennstateyam.com). His article “The Future of Consumer Arbitration In Light of Stolt-Nielsen” was published in The Loyola Consumer Law Review, (2011),Vol. 23, Issue 3, (http://www.luc.edu/student/publications). Recent presentations include “Can Consumers get Fair Treatment in Arbitration” Loyola University School of Law Consumer Law Symposium, March, 2017; “Alternative Dispute Resolution - Is the Grass Really Greener,” The American Bar Association’s Litigation Section Annual Meeting April, 2013; “Arbitration Under the Federal Arbitration Act: A Primer,” a video presentation for the Illinois State Bar Association Legal Education Program April 30, 2013; “E-Discovery Disputes and ADR - What are the Alternatives?” Loyola University School of Law Symposium October 2011: “International Arbitration,” A Workshop on Building Capacity for Iraqi Women Leaders, Duhok, Iraq (October 2010) for the International Human Rights Law Institute, DePaul University College of Law; “Baffled by Bazzle then Stumped by Stolt-Nielsen,” Meritas Annual Litigation and Labor & Employment Group Meeting, (October 2010); “Reporting Duties – An Uncertain Landscape,” Practicing Law Institute’s Preparation of Annual Disclosure Documents 2007 (January 2007); “Management Views of KM,” a panel discussion, Practicing Law Institute; Preparation of Annual Disclosure Documents 2004, (January 2004); “Corporate Governance and the Independent Auditor,” panel discussion chair, The Conference Board, Council of Chief Legal Officers (February 2003) and The 41st Annual Corporate Counsel Institute at Northwestern University School of Law in Chicago (October 2002); “Sarbanes-Oxley: A Corporate Compliance Checklist,” online CLE program, administered through Cognistar Corp.; “Techniques and Resources for Developing Proper Valuation of Electric Power Generating Plants,” CBI’s 3rd Annual Electric Asset Valuation Seminar (February 2001); “Deregulation: Power Plant Values and Property Taxes: Shifting Values Shifting Rules,” The 30th Annual Wichita Program (August 2000); “State Taxation of Restructuring Industries,” Multistate Tax Commission’s 33rd Annual Conference (July 2000); “Managing Taxation,” The Center for Business Intelligence (April 2000); “Deregulation Power Plant Values and Property Taxes: Two Thoughtful Approaches,” Lincoln Institute of Land Policy (October 1999); “Antitrust Issues and the Restructuring of the Power Industry,” The Electricity Journal (November 1999); “Antitrust Issues and the Restructuring of the Power Industry,” CBI’s Power Plant Divestiture and Acquisition Conference (December 1998); “Utility Taxation in an Era of Deregulation,” International Association of Assessing Officers Annual Legal Seminar (December 1998); “Impact of Electric Utility Deregulation,” Commercial Law Affiliates Annual Meeting (March 1997); “Recent Developments in Real Property Taxation: Public Utility Deregulation in the United States,” International Association of Assessing Officers 17th Annual Legal Seminar (November 1996); and “Taxing Telecommunications,” Federation of Tax Administrators Annual Meeting (June 1989).
Awards
Mr. Moritz was awarded the “Medal of Excellence” by Loyola University’s Corboy School of Law. This award is the highest recognition the law school bestows on an alumnus. The Award recognizes one alumnus annually and is given in recognition of contribution to the legal profession and the School of Law. He received the Albert Nelson Marquis Lifetime Achievement Award and is a sustaining member to the American Law Institute. He is a Fellow of the College of Commercial Arbitrators as well as a Fellow of the Chartered Institute of Arbitrators. He is a Fellow of American Bar Foundation. With his former firm he received the Chicago Bar Associations Charles O’Loughlin Memorial Award for pro bono services. He has been Peer Review Rated by Martindale-Hubbell AV® “Highest Level of Professional Excellence” throughout his career and has been consistently recognized as one of Illinois’ best commercial litigators by the Leading Lawyers Network, Super Lawyers, and Best Lawyers.
Panels
Member of the American Arbitration Association (“AAA”) serving on its energy, joint venture, and commercial panels. Member of both the energy and the commercial panels of the International Institute for Conflict Prevention and Resolution (“CPR”). Certified by the ADR Committee of the Midcontinent Independent Systems Operator (MISO) and the Board of the Midwest Reliability (MRO) as a mediator and arbitrator.
Associations
Mr. Moritz is a member of the Illinois State Bar Association, the American Bar Association, and the Chicago Bar Association, He is a Fellow of the College of Commercial Arbitrators, a Fellow of the Chartered Institute of Arbitrators a Charter Member of the National Academy of Distinguished Neutrals and Fellow of the American Bar Foundation.
Miscellaneous
Miscellaneous. Mr. Moritz and his wife Carol have been married for 58 years. He has a daughter and four grandsons. He and his wife are collectors of contemporary art. At an earlier time, he was an avid skier and a long-distance bicycle rider. He now pursues less vigorous activity. He Is an avid reader of fiction as well as works of history that focus on the WW II and several other earlier periods of western civilization. Mr. Moritz is a 30+ years member of the Board of Directors of the Big Shoulders Fund which supports approximately 100 inner-city Catholic schools throughout the Chicago metropolitan area. He is a significant supporter of Loyola University. He has been a board member of Resolution Systems Institute a 501 (c) (3 )that focuses on providing mediation services for the underserved since 2013, and served as Board President from 2015 to 2020.
