Zachary C. Schauf is a litigator in the Appellate and Supreme Court practice. He has been the primary author of appellate briefs and critical motions in courts across the country, from the United States Supreme Court to state trial courts, with a focus on high-stakes administrative litigation, federal preemption issues, complex commercial disputes, and class actions. Mr. Schauf is an experienced oral advocate, including securing victories as arguing counsel in the federal Courts of Appeals in each of the past three years.
Mr. Schauf’s practice is built on distilling complicated facts and law into simple, persuasive advocacy, in whatever the forum or substantive area. In the energy sector, Mr. Schauf has defeated attempts to block a multi-billion dollar merger, and litigated preemption and Dormant Commerce Clause challenges to state regulatory programs. In the financial services arena, Mr. Schauf has secured the dismissal of a breach-of-contract lawsuit seeking $500 million in damages, litigated multiple mortgage-backed securities actions, and authored successful petitions for certiorari and merits briefs in the Supreme Court concerning the scope of the SEC’s enforcement authority. In commercial and consumer-law cases, Mr. Schauf has obtained the reversal on appeal of multiple adverse jury verdicts in state courts, and defeated motions for class certification.
Mr. Schauf maintains an active pro bono practice. He has helped a father obtain discretionary relief from removal to Haiti, secured the release from prison of a criminal defendant whose sentence was unlawful, and prevailed on behalf of a Wisconsin resident who was subject to a stop-and-frisk that violated the Fourth Amendment. In the Supreme Court, Mr. Schauf has successfully represented Arizona’s independent redistricting commission against a constitutional challenge, and advocated on behalf of children sentenced to life in prison, among many other matters.
Mr. Schauf received his J.D., summa cum laude, from Harvard Law School, where he graduated first in his class, served as President of the Harvard Law Review, and was a member of the winning team of the Ames Moot Court competition.
Mr. Schauf clerked for Chief Judge Merrick B. Garland of the United States Court of Appeals for the D.C. Circuit and Justice Elena Kagan of the United States Supreme Court.
Mr. Schauf serves as an Adviser to the American Law Institute’s Restatement (Fourth) of Property.