Arnold & Porter LLP - Mara V.J. Senn

Back to Biography Main »

Mara V.J. Senn

Partner

Washington, DC

tel: +1 202.942.6448
fax: +1 202.942.5999

Mara.Senn@aporter.com

Download vCard

Practice Focus

Mara Senn is a litigator and trial lawyer with significant experience in international arbitration, securities litigation and white collar criminal law, with a particular focus on the Foreign Corrupt Practices Act. She has litigated cases in United States District Courts, Courts of Appeals, and the United States Supreme Court, in addition to a variety of international arbitration fora including ICSID. Ms. Senn is a member of Arnold & Porter's international arbitration group and the chair of the group's energy committee. Ms. Senn was listed as a "name to know" in the Global Arbitration Review (GAR) 100, The Guide To Specialist Arbitration Firms 2010. She is also a member of the firm's white collar, securities enforcement and litigation groups. Prior to joining Arnold & Porter LLP, Ms. Senn was an associate at Gibson, Dunn & Crutcher's Washington, DC office from 1998 to 2001. She has obtained Top Secret security clearance from the US government. Ms. Senn speaks French and Spanish.

Representative Matters

Representative International Arbitration and Litigation Matters

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.
Represents 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. Presented part of the opening and closing arguments, conducted direct and cross-examinations of key damages and regulatory experts.
Represents 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 arise 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.
Represents the Republic of Panamá in an international ICSID arbitration filed by investors in an electricity generation plant based on the US-Panama Bilateral Investment Treaty. The case involves a multimillion dollar claim relating to alleged Panamanian tax credits.
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.
Represented the Inter-American Development Bank in Atl. Tele-Network Inc. v. Inter-Am. Dev. Bank, 251 F. Supp. 2d 126 (D.D.C. 2003). Secured a dismissal of the case on International Organizations Immunities Act grounds and for failure to state a claim.
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).
Conducted a claims analysis and advised private transportation company relating to a potential international arbitration about a container port in Central America.
Assisted in defending Consorcio Pentamat, a Venezuelan corporation, in its commercial dispute with Carrier Transicold, a division of Carrier Corporation, and was able to obtain a quick and favorable settlement of an unfair competition claim involving a former employee who was violating a non-compete agreement.

Representative Securities, White Collar & FCPA Matters

Conducts FCPA internal investigations and responds to FCPA government inquiries and investigations.
Counsels clients on FCPA compliance.
Represented defendant in 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.
Represented individual in long-term grand jury investigation on tax fraud and terrorism.
Represented accountants in interviews with US Attorney's office in international arms trade investigation.
Defended accountants in large accounting firm in auditor independence AICPA cases. Developed expert testimony. Conducted direct examinations of expert and fact witnesses at trial.
Represented a number of different defendants in different securities class action law suits.

Para descargar la biografía haga click aquí

Representative Matters

Representative International Arbitration and Litigation Matters

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.
Represents 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. Presented part of the opening and closing arguments, conducted direct and cross-examinations of key damages and regulatory experts.
Represents 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 arise 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.
Represents the Republic of Panamá in an international ICSID arbitration filed by investors in an electricity generation plant based on the US-Panama Bilateral Investment Treaty. The case involves a multimillion dollar claim relating to alleged Panamanian tax credits.
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.
Represented the Inter-American Development Bank in Atl. Tele-Network Inc. v. Inter-Am. Dev. Bank, 251 F. Supp. 2d 126 (D.D.C. 2003). Secured a dismissal of the case on International Organizations Immunities Act grounds and for failure to state a claim.
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).
Conducted a claims analysis and advised private transportation company relating to a potential international arbitration about a container port in Central America.
Assisted in defending Consorcio Pentamat, a Venezuelan corporation, in its commercial dispute with Carrier Transicold, a division of Carrier Corporation, and was able to obtain a quick and favorable settlement of an unfair competition claim involving a former employee who was violating a non-compete agreement.

Representative Securities, White Collar & FCPA Matters

Conducts FCPA internal investigations and responds to FCPA government inquiries and investigations.
Counsels clients on FCPA compliance.
Represented defendant in 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.
Represented individual in long-term grand jury investigation on tax fraud and terrorism.
Represented accountants in interviews with US Attorney's office in international arms trade investigation.
Defended accountants in large accounting firm in auditor independence AICPA cases. Developed expert testimony. Conducted direct examinations of expert and fact witnesses at trial.
Represented a number of different defendants in different securities class action law suits.

Para descargar la biografía haga click aquí

Awards

World Organization for Human Rights USA, Pro Bono Service Award 2007

Rankings

Included in Global Arbitration Review 100 (2010 Edition) "Names to Know"

Professional and Community Activities

Professional Activity

International Arbitration
- Member, Arbitration Committee, International Bar Association
  - Editorial Board, IBA Arbitration News
- Member, International Arbitration Committee, American Bar Association
  - Steering Group Member, International Arbitration Committee of the ABA Section of International Law
- Member, International Law Section, District of Columbia Bar Association
- Member, International Chamber of Commerce (ICC), Young Lawyers Division
White Collar
- Member, Ant-Corruption Committee, International Bar Association
- Member, International Anti-Corruption Committee, American Bar Association
- Member, Criminal Law and Individual Rights Section, District of Columbia Bar Association
- Member, Edward Bennett Williams White Collar Inn of Court

Community Activity

Governing Board Member, Anti-Defamation League Washington Regional Office
Leadership 35 Member, National Women's Law Center
Advisory Board Member, The Project for Attorney Retention

Articles

Mara V.J. Senn and Rachel L. Frankel. "Firms Can Avoid EITI, FCPA Pitfalls." (PDF: 542 kB) Oil & Gas Journal, July 21, 2008.

Mara V.J. Senn. "Legal Progeny: A Guide To Providing Child Care Benefits For Legal Employers, Lawyers & Bar Associations." American Bar Association Commission on Women in the Profession (2003).

Presentations

Mara V.J. Senn. "Alternative Fee Arrangements: Getting To The Best Business Solution." (Speaker) JPMorgan Chase & Co. Litigation Department Off-Site Retreat, New York, NY, April 29, 2010.

Mara V.J. Senn. "Putting the Global in the Global Law Scholars Program: An International Arbitration Primer." (Speaker) Georgetown Law School, Washington, DC, April 28, 2010.

Mara V.J. Senn. "Enforcement by U.S. Government Agencies." (Speaker) The Georgetown Journal of International Law 2010 Symposium: Combating Global Corruption, Washington, DC, March 22, 2010.

Mara V.J. Senn. "So You Want to Become an Arbitrator? Practical Tips for Positioning Yourself to Be an Attractive Arbitrator Candidate." (PDF: 121 kB) (Moderator) International Chamber of Commerce’s Young Arbitrators Forum, New York, NY, October 13, 2009.

Mara V.J. Senn. "FCPA Risk Management: Practical Day-To-Day Operational Challenges (Do Sweat the Small Stuff)." (Speaker) The Foreign Corrupt Practices Act 2009: Coping with Heightened Enforcement Risks, Practising Law Institute, Chicago, IL, May 29, 2009.

Mara V.J. Senn. "Nipping Foreign Corrupt Practices Act Problems in the Bud: Ensuring Robust Compliance in the Company You Have and Vetting the Companies You Acquire." (Moderator) ABA Section of International Law 2009 Spring Meeting, April 16, 2009.

Mara V.J. Senn. "Criminal Issues Relating To The Spoliation Of Documents." (Speaker) Document Retention and Destruction, Lorman Education Services, Washington, DC April 2007.