Mark B. Feldman international law

Garvey Schubert Barer

202-321-2690

Georgetown University Law Center (foreign relations law) 

Former Deputy and Acting Legal Adviser U.S. Department of State 

 
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Of Counsel,  Garvey Schubert Barer, Washington D.C. 

 www.gsblaw.com        mailto:mfeldman@gsblaw.com    

Mark Feldman provides legal advice, expert testimony and arbitration services to clients and other attorneys on a wide variety of matters involving international investment and international law.  Areas of concentration include expropriation and political risk, foreign sovereign immunity (FSIA), act of state doctrine, international arbitration, foreign corrupt practices (FCPA), international art law, and constitutional issues relating to U.S. foreign policy.

        U.S. Department of State (1965-1981) -- Deputy and Acting Legal Adviser.

At  DOS, Mark Feldman played 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, U.S. maritime boundaries and the UNESCO Convention on Cultural Property. He managed numerous expropriation cases and participated in claims negotiations and investment dispute settlements with China, Chile, Iran, and Peru.   

In private practice, he has advised U.S. and foreign companies on a wide range of investment and compliance issues and represented foreign governments in Washington. 

Representative Matters

International Claims

Expert testimony on the FSIA expropriation exception in Mezerhane v. Republica Bolivariana de Venezuela, Case No. 1:11-cv-23983-MGC  (S.D. Florida) (2013).   

Advised major American insurer regarding political risk claims arising out of the Argentine economic crisis.

Successfully represented American national in NAFTA arbitration against Mexico.

Helped draft international arbitration procedures for Disney Euro Park.  

Established 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).

Expert testimony for oil service company in succesful tax court proceedings relating to Iran Hostage Crisis.  See Halliburton Co. v. Commissioner, 93 T.C. 758 (1989)  aff’d  946 F.2d 395 (5 Cir. 1991).

International Art Law

Aided client recover paintings from Dutch government 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 proceedings before U.S. State Department.

U.S. Defense and Aerospace  

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.

Import/Export

Represented South African energy company in State Department administrative proceedings implementing trade restrictions under the Anti-Apartheid Act.

Advised numerous companies on export control issues and conducted voluntary disclosure investigations.

Education:  LL.B. Harvard magna cum laude (1960); A.B. Wesleyan University High Honors (1957); Diploma, Universities of Paris (1956). 

Admitted, New York and District of Columbia

Professional Activities

  • Adjunct Professor, Georgetown University Law Center: foreign relations law (2006-present); international commercial arbitration (1982-1986)
  • Johns Hopkins School of Advanced International Studies (2006-2009); foreign relations law
  • Council on Foreign Relations
  • American Society of International Law
  • Co-Chair,  American Bar Association Committee on Art and Cultural Heritage Law (2009-2011)         
  • Past Chairman, ABA Committee on Foreign Sovereign Immunity
  • Past Council Member, ABA Section International Law and Practice