Mark provides legal advice, expert testimony and arbitration services to firm clients and other attorneys on a wide variety of matters involving international investment and international law.
His areas of concentration include international commercial and investment arbitration, international claims and political risk protection, act of state doctrine, foreign sovereign immunity (FSIA), foreign corrupt practices (FCPA), international art law, and constitutional issues relating to U.S. foreign policy.
As deputy and acting legal adviser of the U.S. Department of State, Mark had a significant role in drafting or negotiating legal regimes of intense practical interest today, including the Foreign Sovereign Immunities Act (FSIA), Foreign Corrupt Practices Act (FCPA), Iran and Cuba sanctions, the Iran Claims Agreement, maritime boundaries and the UNESCO Convention on Cultural Property.
Mark's web page for detailed credentials and comments: FSIA, expropriation, act of state, FCPA, and restitution of cultural property.
- American Bar Association, Member
- Committee on Art and Cultural Heritage Law, Co-Chair, 2009-2011
- International Law Section
- Past Council Member and Chairman
- Committee on Foreign Sovereign Immunity
- American Society of International Law, Member
- Council on Foreign Relations, Member
- Georgetown University Law Center, Adjunct Professor, 2006-present
- Johns Hopkins School of Advanced International Studies, Adjunct Professor, 2006-2009
Successfully represented American national in NAFTA, Chapter 11 claim against Mexico; advised major American political risk insurer regarding claims arising out of the Argentine economic crisis; helped draft international arbitration procedures for Disney EuroPark.
Successfully assisted client claiming paintings from Dutch government that were seized by Nazis during WWII; represented heir of prominent German photographer in trans-national cultural estate matter recovering vintage photographs and compensation; represented antiquities dealers in CCPIA proceedings before U.S. State Department.
Assisted U.S. satellite manufacturer in criminal and Congressional investigations arising out of China launch failure investigation (export control/ITAR issues); advised numerous U.S. and foreign clients on investment in U.S. defense and aerospace companies (Exon-florio and FOCI issues); served on Board of Directors of Japanese –owned aerospace company operating under special FOCI controls.
Expert testimony on FSIA expropriation exception in Mezerhane v. Republica Bolivariana de Venezuela (S.D. Florida 2013); Established the treaty exception to the federal act of state doctrine in Kalamazoo Spice Extraction Co. v The Provisional Military Government of Socialist Ethiopia, 729 F. 2d 22 (6Cir. 1984); provided expert testimony for oil service companies in tax court proceedings relating to Iran Hostage Crisis; represented South African energy company in State Department administrative proceedings implementing trade restrictions under the Anti-Apartheid Act.
News & Insights
- "Unresolved Maritime Boundary Problems in the Caribbean," Law of the Sea Institute, Law of the Sea in the Gulf of Mexico and Caribbean: Unresolved Issues and ChallengesSpeaking EngagementTexas A&M University, Corpus Christi, TX, 3.22.07
- American Bar Association, Section of International Law - Art & Cultural Heritage Law Newsletter, Winter 2018
- CSIS Americas Program and Center for International Policy, 12.2.14
- The UNESCO Convention Regime, Symposium on Reform of Cultural Property Policy: Accountability, Transparency and Legal CertaintyCardozo Law School, 4.10.14
- Cultural Property Litigation and the Foreign Sovereign Immunities Act of 1976: the Expropriation Exception to ImmunityArt & Cultural Heritage Law Committee Newsletter, 9.22.11
- State Responsibility for Regulatory Measures Under International Law: Recent NAFTA Arbitration Cases1.24.03
- 1988 Amendments to the Federal Arbitration Act and Foreign Sovereign Immunities Act: Arbitration Law Strengthened by Congress11.10.98
- Spring 1987
- April 1986
- October 1981
- District of Columbia, 1974
- New York, 1961
- LL.B., Harvard Law School (magna cum laude), 1960
- Harvard Law Review
- A.B., Wesleyan University, A.B., 1957
- Phi Beta Kappa
- Diplôme, University of Paris,1956
Honors & Recognition
Martindale-Hubbell AV Preeminent rating