Mr. Schurz represents clients in federal court, state court, and a broad range of arbitration forums in complex civil actions. Mr. Schurz’s practice encompasses all manner of commercial transactions and intellectual property matters, including actions for breach of contract and business torts, including unfair competition, fraud, trade libel, products liability, and joint venture/distributor termination. Mr. Schurz has broad experience representing energy companies, resource companies, electronics manufacturers, and pharmaceutical companies. Mr. Schurz has served as trial counsel in jury trials, bench trials, and arbitrations. He has appeared extensively in courts throughout Northern California, and, in particular, San Francisco Superior Court, the United States District Courts for the Northern and Eastern Districts of California, and the California Courts of Appeal.

Mr. Schurz has deep experience with many of the world’s leading arbitration forums, including the International Chamber of Commerce, the American Arbitration Association, and UNCITRAL. He has handled arbitrations involving intellectual property, securities, distribution contracts, fuel contracts, joint ventures and the development of infrastructure projects. He also has broad experience litigating the enforceability of arbitration clauses in federal and state courts.

Mr. Schurz has written and lectured extensively in the field of litigation and dispute resolution. He is an adjunct professor of law at the University of California, San Francisco, Hastings College of the Law (1998 to present) teaching courses in international commercial arbitration, negotiation and settlement. He is a contributing author to Business and Commercial Litigation in Federal Court (Chapter 9: Arbitration versus Litigation: Enforceability and Access to the Courts). He is the co-author of “How to Choose a Forum that is Right for You” (International Commercial Litigation 2002) and “Dispute Avoidance and Resolution Mechanisms in International Environmental Conventions and Multilateral Trade Agreements,” (United Nations Environmental Programme 1995). He has also authored a series of articles for California Law Business, California Real Property Journal, and International Commercial Litigation.

Mr. Schurz is active in professional and civic organizations. He served as President of the Barristers Club of the San Francisco Bar Association in 1998 and a member of its Board of Directors from 1997 to 1999. In 1998, he received the San Francisco Bar Association’s Award of Merit. In 1999, he received the Outstanding Barrister Award from the San Francisco Bar Association.

Mr. Schurz was born in San Francisco, California in 1962. He received his B.A. and M.A. degrees in European history from Stanford University. He received his J.D. from the University of California, Berkeley. Immediately following graduation, Mr. Schurz served as a law clerk to the Honorable Marcus Kaufman, Associate Justice, California Supreme Court. He joined Morrison & Foerster in 1990.

Representative Matters

• Represented Gilead Sciences, Inc. in an arbitration with Hoffman-La Roche Inc. relating to the parties’ development and license agreement for Tamiflu, an antiviral for the treatment and prevention of influenza A and B. The matter was resolved with a $80.7 million payment to Gilead and an amended agreement that (i) established joint committees to oversee manufacturing, commercial and pandemic planning for the product and (ii) eliminated the pre-existing contractual cost of goods adjustments from the royalty calculation.
• Represented a Fortune 500 U.S. utility/power developer in an international arbitration brought in New Delhi by an Indian business partner seeking $1.2 billion in damages after the U.S. developer withdrew from a large Indian power plant.
• Represented Kerr-McGee Corporation in multiple actions relating to mining activities at federal facilities and private sites in Oregon and South Dakota involving uranium mining.
• Represented Vulcan Chemicals (now part of Occidental Chemicals Corp.) in an international arbitration regarding the distribution and sale of specialty chemicals in Asia.
• Represented a European electronics company in a dispute regarding a joint venture with a Chinese partner for the licensing, manufacture and sale of equipment.
• Represented Entergy Corporation in a state court action involving the development of power plants in Mexico with claims in excess of $40 million.

Selected Speaking Engagements

• Panelist, “Examining the Benefits and Risks of Class Arbitration and Negotiating/Structuring Effective Settlements Before Exorbitant Fees Are Incurred,” ACI’s 2nd Annual Defense Counsel Summit, (October 28, 2008).

Selected Publications

• Co-author, “How to Spell Relief: The Risk and Uncertainty of Asking Courts to Handle Arbitration Disputes,” The Recorder, (March 5, 2007)
• Co-author, “International Arbitration: Selecting the Proper Forum,” Mealey’s International Arbitration Report, (Feb. 2007)
• Contributing author, Business and Commercial Litigation in Federal Courts, (Chapter 9: “Arbitration vs. Litigation: Enforceability and Access to the Courts”) West Publishing Corp. (2d ed. 2005)
• Co-author, International Arbitration: Selecting The Proper Forum, Mealey’s International Arbitration Report (February 2002)
• Contributing author, California Corporate Forms and Practice Manual, (Chapter 44: “Alternative Dispute Resolution”) Data Trace Publishing Co. (1998)
• Contributing author, “The Life and Death of an Infrastructure Project,” Dispute Resolution, (2nd Ed. 1997)
• Co-author, “How to Choose a Forum that is Right for You,” International Commercial Litigation (November 1997)
• Co-author, “The Expanding Role of Bar Associations in ADR,” ADR Currents (Fall 1996)
• Author, “California’s Real Estate Arbitration Notice Requirement in Jeopardy,” California Real Property Journal (Fall 1996)
• Co-author, “Selecting a Forum for International Arbitrations,” International Commercial Litigation (July/August 1996)
• Author, “Arbitration Clauses: Hidden in the Small Print,” International Commercial Litigation (May 1996)
• Co-author, Dispute Avoidance and Dispute Resolution in International Environmental Agreements and Multilateral Trade Agreements, (volume 9 of a series on Environment and Trade) (United Nations Environment Programme 1995)
• Co-author, “Arbitration: The Road to Acceptance,” Orange County Lawyer (March 1994)
• Co-author, “Mediation Puts the Client in Control,” California Law Business (September 13, 1993)