Litigation

Mara Senn is a trial lawyer who focuses on white collar criminal law and international arbitration. She has litigated cases in United States District Courts, Courts of Appeals, and the United States Supreme Court, as well as various international fora. She has obtained Top Secret security clearance from the US government. Ms. Senn speaks French and Spanish.

Ms. Senn's white collar practice focuses on the Foreign Corrupt Practices Act (FCPA). She has been recognized for her white collar criminal defense work in Latin Lawyer 250 (2013) and Washington D.C. Super Lawyers (2013). Ms. Senn regularly leads multijurisdictional FCPA internal investigations and responds to FCPA government inquiries and investigations in a wide variety of industry sectors and countries.  She advises clients on high-level strategy on all fronts, including the investigation, whether and how to discipline current employees and agents, how FCPA issues affect the business, and ways to ameliorate corporate structures to avoid problems in the future. Ms. Senn also counsels clients on FCPA compliance, including conducting analyses to identify weaknesses in compliance systems, designing and implementing comprehensive compliance programs, and preparing agreements and due diligence structures to monitor third-party agents. In addition, Ms. Senn often speaks and writes about important FCPA topics and trends. She has been quoted on these topics in publications such as the Wall Street Journal, Just Anti-Corruption, and The FCPA Report. Ms. Senn is the Co-Chair of the ABA's ABA Technology Transfer, FCPA and Trans-National Criminal Matters Subcommittee of the White Collar Committee, and a member of the Edward Bennett Williams White Collar Inn of Court and the Financial Fraud Law Report editorial board.

Ms. Senn also focuses her practice on international arbitration and she is the chair of the International Arbitration group's energy committee. She was listed as a Rising Star in the Guide to the World's Leading Experts in Commercial Arbitration (2013), was recognized for her international practice in Washington D.C. Super Lawyers (2013) and was listed as a "name to know" in the Global Arbitration Review (GAR) 100, The Guide To Specialist Arbitration Firms 2010. In addition to commercial arbitration, a large part of Ms. Senn's practice focuses on investor-state disputes in front of the International Centre for Settlement of Investment Disputes (ICSID), in which she represents either claimants or sovereign respondents. She has also represented clients in front of ad hoc tribunals and tribunals under the United National Commission on International Trade Law (UNCITRAL) Rules. She addresses all aspects of an international arbitration from the inception of the arbitration through the hearing phase to settlement or enforcement. Ms. Senn is the Vice Chair of the International Arbitration Committee of the ABA Section of International Law and is the North America editor for the IBA Arbitration News.

Litigation Representative Matters

Securities, White Collar & FCPA Matters

• Lead counsel in U.S. government-initiated, multi-continent FCPA investigation in the mining sector.
• Lead counsel in anti-corruption internal investigation in the auto industry.
• Lead counsel in providing anti-corruption compliance advice to industrial services company.
• Lead counsel in designing enhanced anti-corruption compliance program for consumer services industry company.
• Lead counsel in designing enhanced anti-corruption compliance program for mining company.
• Lead counsel in providing anti-corruption compliance advice to luxury goods company.
• Counsel in self-reported government FCPA investigation into consumer products company.
• Conducts Medicare and Medicaid fraud investigations.
• Represented defendant in United States Supreme Court case Florida v. Powell (08-1175) relating to a Miranda issue.
• Represented Don Keyser, senior State Department official, in case where the government unsuccessfully tried to show that Mr. Keyser was involved in espionage on behalf of Taiwan. Mr. Keyser pled guilty to false statement and removal of classified document charges.
• Defended WorldCom CFO Scott Sullivan in his criminal case relating to accounting irregularities at WorldCom. Received a 5-year sentence, the lowest sentence of high-ranking WorldCom officials.

International Arbitration and Litigation Matters

• Successfully represented claimant EDF in the ICSID case EDF International S.A., SAUR International S.A. and León Participaciones Argentinas S.A. v. Argentine Republic, in connection with an investment in the Argentine electricity sector. Claimant was awarded approximately $200 million (including interest), the highest award in any previous case challenging Argentina's emergency measures. Responsible for the damages portion of the case, including presenting part of the opening and closing arguments, and conducting direct and cross-examinations of key damages and regulatory experts at trial, and conducting the whole subsequent damages hearing.
• Successfully represented the Republic of Panamá in the first ever international ICSID arbitration filed by investors in an electricity generation plant based on the US-Panama Bilateral Investment Treaty. The case involved a multi-million dollar claim arising from allegations that certain Panamanian tax credits were not honored.  Ms. Senn obtained a complete victory for the client and a multimillion dollar award of costs and fees.  Nations Energy, Inc. y otros v. República de Panamá (ICSID Case Number ARB/06/19).
• Advised a gold mining company on a dispute with a foreign sovereign.
• Advised a sovereign in an ICSID dispute with a mining company
• Co-lead counsel in an UNCITRAL ad hoc arbitration representing a Central-American state-owned power company against a foreign investor. Conducted cross-examination of key damages expert witness. Argued an international arbitration discovery issue in the United States Court of Appeals for the Fifth Circuit.
• Successfully represented the Republic of Hungary in Electrabel S.A. v. Republic of Hungary in an Energy Charter Treaty dispute in front of ICSID relating to claims totaling US$700 million brought by an electricity generator in Hungary. Claims arose from Hungary's efforts to restructure its electric power sector in the wake of its accession to the European Union to minimize the anti-competitive effects of a long-term power purchase agreement that predated market liberalization. Responsible for examinations of fact and expert regulatory witnesses.
• Prevailed in revision proceeding, including an order for costs from the opposing party, representing the Republic of Chile in the ICSID case Victor Pey Casado and President Allende Foundation v. Republic of Chile. Represents Chile in related annulment proceeding.
• Represented Venezuela in Autopista Concesionada de Venezuela, C.A. v. Bolivarian Republic of Venezuela, an ICSID arbitration about the construction of the country's most important highway connecting the port and the capital. Conducted direct and cross-examinations of fact and expert witnesses. Arbitration resulted in complete denial of US$311 million lost profits claim.
• Represented a French pharmaceutical company in an arbitration against a major US pharmaceutical company regarding their respective rights to a blockbuster new product under prior licensing agreements. Conducted direct examination of key witness.
• Successfully represented the Federative Republic Brazil in the United States District Court for the District of Columbia in a financial dispute in which plaintiffs claimed US$140 million in damages arising out of Brazilian bonds.. Secured a dismissal of the case on Foreign Sovereign Immunities Act and forum non conveniens grounds. Croesus EMTR Master Fund L.P. v. The Federative Republic Of Brazil, 212 F. Supp. 2d 30 (D.D.C. 2002).