Terry F. Moritz

Mr. Moritz has extensive experience litigating  a wide variety of complex commercial disputes both in court and in ADR settings. He founded Terry F Moritz LLC in 2014 where he has focused his alternative dispute resolution practice on resolving complex commercial disputes. Prior to establishing his current firm Mr. Moritz was been a principal in several significant firms, most recently Goldberg Kohn Ltd. He founded and built the firm’s litigation practice, served as chair of the Litigation Group for over 25 years and served continuously as a member of the firm’s management committee. He has arbitrated over 100 commercial disputes of varying complexity. Mr. Moritz has also served as an advocate in numerous mediations and international arbitrations.. Mr. Moritz is employing the knowledge he has gained as an advocate throughout his career to resolve disputes more effectively and efficiently through mediation and arbitration, as well as other ADR processes.

A list of the subject matters of some of his recent commercial arbitrations is appended to this biography, as is a listing of his mediation and arbitration training.

Mr. Moritz is a member of the American Arbitration Association (“AAA”) serving on its energy, joint venture and commercial panels. He is a member of the 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. Mr. Moritz is an Adjunct Professor of Law at Loyola University School of Law focusing on ADR matters. He was elected to membership in the American Law Institute and is a Fellow of the Chartered Institute of Arbitrators (“CIArb”) serving as chair of its Chicago Chapter. He is a charter member of the National Academy of Distinguished Neutrals (“NADN” ), He is a board member and panelist for the Forum for International Conciliation & Arbitration (“FICA”) and a member of the ICC Model Consortium Agreement working group. He is the Chairman of the Board of Trustees of Resolution Systems Institute, a not for profit organization focused on strengthening justice by enhancing court supported alternative dispute resolution systems. He regularly serves as a judge and evaluator in the Willem C. Vis International Commercial Arbitration Moot and the Foreign Direct Investment International Arbitration Moot.

Mr. Moritz has worked extensively in the electric energy field and is experienced in nuclear energy as well as renewable energy matters. He has handled disputes concerning both nuclear and fossil fuel power plants, long term power purchase agreements, transportation agreements, fuel supply agreements and construction disputes. He has successfully tried complex tax disputes involving nuclear generating facilities

Mr. Moritz has significant experience in the railroad, construction and financial service industries. He spent over ten years in various railroad reorganization proceedings, serving as lead counsel for the First Mortgage Bondholders in the Chicago Rock Island and Pacific Railroad Reorganization, and as lead counsel for the trade creditors and special counsel for the Illinois Regional Transportation Authority in the Milwaukee Road Reorganization. He served as Trustee and Chief Operating Officer of the Iowa Railroad Company during its 3-year reorganization and successfully liquidated that carrier.

He has extensive experience representing financial entities in disputes involving complex commercial instruments. He has represented numerous individuals in their role as members of private and public company Boards and served as the defacto General Counsel for a significant New York based commercial construction company.

Mr. Moritz is experienced in representing governmental entities and has served as special assistant attorney general for both Illinois and Minnesota, successfully defending those states in matters where the constitutionality of state statutes was at issue. He was lead counsel for the State of Illinois in the landmark Goldberg vs. Sweet telecommunication tax decision in the United States Supreme Court.

Mr. Moritz has significant business experience gained in running a significant law firm, as well as serving as an owner and board member of a privately held manufacturing enterprise for over 10 years.

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 LawReview, (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).

Mr. Moritz authored the Illinois Institute for Continuing Legal Education’s practice handbook, “Business, Law and the Internet” (2002), which received an Award for Outstanding Achievement for 2002 from the Association of Continuing Legal Education Administrators. Mr. Moritz is a member of the Board of Governors of the Loyola University School of Law and serves on the Board of the Big Shoulders Fund, a major Chicago charitable organization. He also served as President of the Society for Contemporary Art at the Art Institute of Chicago; as President of the Board of Trustees for the Philadelphia based Center for Wood Art; and as a member of the Board of Directors and finance committees for both the Chicago Lighthouse for the Blind and the Arts Club of Chicago.

Mr. Moritz is admitted to practice in New York and Illinois; before the United State Supreme Court; the U.S. District Court, Northern District of Illinois; and the Seventh Circuit Court of Appeals. He received his J.D. degree in 1970 and his B.A. in 1966 in English from Loyola University. Mr. Moritz served as a law clerk to the Honorable William J. Lynch, U.S. District Court, Northern District of Illinois. Mr. Moritz has received the Albert Nelson Marquis Lifetime Achievement Award and has been elected to the American Law Institute. He is Peer Review Rated byMartindale-Hubbell AV® “Highest Level of Professional Excellence” and has been consistently recognized as one of Illinois’ best commercial litigators by the Leading Lawyers Network, Super Lawyers and Best Lawyers. Mr. Moritz is a member of the Illinois State Bar Association, the American Bar Association and the Chicago Bar Association.

Central Illinois Light Co. v. Johnson, 84 Ill.2d 275, 418 N.E.2d 696, 49 Ill.Dec. 676, Ill., March 18, 1981 (No. 53566). Original action in the Illinois Supreme Court successful reversing improper application of an Illinois tax statute to an industrial tax payer’s property.

City of University City v. AT&T Wireless Services, 203 S.W.3d 197, 2006 WL 2257066, Mo., August 08, 2006 (No. SC 87208). In The Circuit Court of the County of St. Louis, No. 01 CC-4454, This case involves a class action brought by approximately 260 municipalities in Missouri against significant providers of wireless communication services contending that unregulated wireless communication is subject to a Missouri public utility tax. Case resolved. U.S. and State of Missouri constitutional issues. See also, City of University City, Missouri v. AT & T Wireless Services, Inc., 229 F.Supp.2d 927, 2002 WL 31426389, E.D.Mo., May 24, 2002 (No. 4:02CV249ERW). Settled.

Exelon Generation Co., LLC v. Hoosier Energy Rural Elec. Cooperative, Inc., Not Reported in F.Supp.2d, 2005 WL 2365306, E.D.Pa., September 26, 2005 (No. Civ.A.04-4592). Dispute regarding long-term power purchase agreement.

GATX Third Aircraft Corporation v. Georgia-Pacific Corporation. Commercial dispute concerning the condition and return of leased equipment. Settled favorably on the eve of trial. No reported decision.

Goldberg v. Johnson, 117 Ill.2d 493, 512 N.E.2d 1262, 111 Ill.Dec. 625, Ill., July 27, 1987 (No. 64355). Special Assistant Attorney General for the State of Illinois. Prevailed in the Illinois Supreme Court and U.S. Supreme Court and defeated a constitutional challenge to a telecommunications tax.

Goldberg v. Sweet, 488 U.S. 252, 98 P.U.R.4th 263, 109 S.Ct. 582, 1989 WL 413, 65 Rad. Reg.2d (P & F) 1402, 102 L.Ed.2d 607, U.S.Ill., January 10, 1989 (Nos. 87-826, 87-1101). Special Assistant Attorney General for the State of Illinois. Prevailed in the Illinois Supreme Court and U.S. Supreme Court and defeated a constitutional challenge to a telecommunications tax.

Graham v. Illinois State Toll Highway Authority, 182 Ill.2d 287, 695 N.E.2d 360 (1998). Prevailed. Obtained reversal of trial court ruling granting an injunction based on violation of provision of the Illinois constitution.

Information Packaging, Inc., et al. v. Banc of America Commercial Finance Corporation, United States District Court, Middle District of Tennessee. Preliminary injunction antitrust tying claim. Prevailed after trial. No reported decision.

Matter of Iowa R. Co., 840 F.2d 535, 1988 WL 13276, C.A.7 (Ill.), February 23, 1988 (Nos. 86-2760 & 87-1082). Prevailed.

N.A.A.C.P. v. A.A. Arms, Inc., See, e.g., N.A.A.C.P. v. AcuSport, Inc., 271 F.Supp.2d 435, 2003 WL 21689641, E.D.N.Y., July 2003 (Nos. 99 CV 3999(JBW), 99 CV 7037(JBW). Mass tort/gun industry. Prevailed. Case dismissed.

Oregon Community Unit School Dist. No. 220 v. Property Tax Appeal Bd., 285 ILL.App.3d 170, 674 N.E.2d 129,220 Ill.Dec. 858, 1996 WL 7000075, Ill.App.2 Dist., December 05, 1996 (No. 2-96-0105). Appellate Court affirmed Property Tax Appeal Board reduction of an ad valorem property tax assessment. Achieved the largest reduction and tax refund in Illinois history.

P.J.’s Concrete Pumping Service, Inc. v. Nextel West Corp., 345 Ill.App.3d 992, 803, N.E.2d 1020, 281 Ill.Dec. 399, 2004 WL 171546, Ill.App.2 Dist., January 27, 2004 (No. 2-02-1219). Class action raising alleged improper application of Illinois taxes to telecommunication charges. Settled.

SEC proceeding. Investigative proceeding for a significant public company, before the Securities and Exchange Commission. Resolved by a Cease and Desist Order.

Terrific Promotions, Inc. v. Dollar Tree Stores, Inc., 947 F.Supp. 1243, 1996 WL 699385, N.D.Ill., November 27, 1996 (No. 96 C 2230). Obtained dismissal of antitrust claim.