Mark L. Jensen: Lawyer with Sheppard, Mullin, Richter & Hampton LLP

Mark L. Jensen


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Experience & Credentials

Practice Areas

  • Government Contracts, Investigations & International Trade
  • Bid Protests
  • Claims
  • Contract Cost Accounting
  • Exports and Export-Related Controls
  • International Trade
  • Foreign Corrupt Practices Act - FCPA
  • Intellectual Property Rights Under Government Contracts
  • Multiple Award Schedule Contracting
  • The False Claims Act and Related "White Collar" Issues
  • International Practice
University Bates College, B.A., summa cum laude, 1999; University of Minnesota, M.A., 2004
Law SchoolHarvard Law School, J.D., 2007
Admitted2007, New York; 2009, District of Columbia; U.S. District Court for the District of Columbia; U.S. Court of International Trade
LanguagesGerman; Spanish

Mr. Jensen is an International Trade associate in the Government Contracts, Investigations & International Trade Practice Group in the firm's Washington, D.C. office.

Areas of Practice

Mr. Jensen focuses on areas of law related to international business, including U.S. economic sanctions, U.S. export controls, the Foreign Corrupt Practices Act and other international anti-bribery statutes, U.S. customs, free trade agreements, and non-U.S. investment in the United States. Mr. Jensen has extensive experience in counseling clients, developing and implementing compliance programs, conducting due diligence, advising clients on trade-related aspects of corporate mergers and acquisitions and new business ventures, preparing license applications and other filings for submission to the U.S. government, conducting investigations internally and before the U.S. government, negotiating resolutions with the U.S. government, and litigation before the U.S. Court of International Trade. Mr. Jensen has represented U.S. and non-U.S. companies of all sizes in a variety of industries, including aerospace, airlines, banking and finance, defense, energy, health care and medical devices, information technology and software, manufacturing, private equity, professional services, research universities, and retail. Mr. Jensen has counseled clients in front of U.S. government agencies including the Department of Treasury, Office of Foreign Assets Control ("OFAC"), Department of State, Directorate of Defense Trade Controls ("DDTC"), Department of Commerce, Bureau of Industry and Security ("BIS"), Department of Justice ("DOJ"), Securities and Exchange Commission ("SEC"), Department of Homeland Security, Customs and Border Protection ("CBP"), and CFIUS.

Mr. Jensen previously served as a Special Assistant Attorney General with the District of Columbia Office of the Attorney General. In that capacity, among other responsibilities, Mr. Jensen served as second chair in a jury trial in D.C. Superior Court, and settled cases through court-supervised mediation on matters ranging from simple torts to the Americans with Disabilities Act.


Foreign Corrupt Practices Act

· Represented U.S. energy company in FCPA investigation by U.S. Department of Justice and Securities and Exchange Commission

· Represented officer of non-U.S. multinational company in FCPA and U.S. sanctions investigation by the U.S. Department of Justice

· Counseled U.S. medical devices company in FCPA investigation by U.S. Department of Justice and Securities and Exchange Commission

· Conducted internal investigations of FCPA allegations for multinational private equity firm, U.S. software company

· Counseled non-U.S. manufacturing company regarding applicability of FCPA for anti-corruption due diligence review related to new international project

· Advised oilfield services company in FCPA and U.S. sanctions investigation by U.S. Department of Justice, U.S. Attorney's Office, and Office of Export Enforcement

· Represented numerous multinational companies in FCPA due diligence reviews in connection with joint ventures and other international business, including in South America, West Africa, Southeast Asia, and Russia

· Counseled U.S. retail company in the establishing comprehensive an FCPA compliance program, including FCPA due diligence reviews of third party agents, preparing policies and procedures, FCPA risk assessment, due diligence, and training

· Collaborated with U.S. energy company to devise FCPA risk analysis and compliance strategy

· Counseled major U.S. manufacturer on risk assessment matrix to direct compliance activities

· Developed and assisted with implementation of U.S. manufacturer's FCPA compliance policies and procedures and conducted FCPA training

· Provided advice on, and assisted in performance of, FCPA due diligence in corporate mergers and acquisitions

· Counseled U.S. defense contractor on gifts and entertainment guidelines under FCPA

U.S. Sanctions

· Counseled U.S. university on, and prepared filing for OFAC guidance on, sanctions implications of overseas campus operations

· Counseled major U.S. bank in settlement negotiations with OFAC for alleged sanctions violations

· Represented U.S. health care company in internal investigation of Iran sanctions allegations

· Assisted non-U.S. bank to address U.S. Treasury Department, Office of Foreign Assets Control (OFAC) sanctions related to proposed transaction in North Korea

· Advised U.S. software company on sanctions implications of web-hosted software

· Assisted U.S. energy company to understand sanctions implications of proposed offshore Sudan transaction

· Counseled U.S. bank regarding Iran sanctions under CISADA and NDAA

· Advised U.S. satellite company on Iran sanctions issues

· Counseled non-U.S. telecommunications company on sanctions under CISADA

· Conducted U.S. sanctions due diligence for U.S. accounting firm considering business in Belarus

· Counseled U.S. auto company regarding Cuba sanctions

· Assisted U.S. medical devices company to obtain TSRA licenses to export medical devices to Iran

· Advised U.S. pharmaceutical company on comprehensive overview of U.S. sanctions programs affecting their worldwide operations

· Counseled U.S. research university regarding Iran sanctions compliance for researchers

Export Controls

International Traffic in Arms Regulations (ITAR)

· Represented U.S. aerospace companies in investigations of military exports and submission of voluntary self-disclosures to DDTC

· Counseled U.S. aerospace company on review and disclosure to BIS and DDTC of diversion by third party agent

· Represented U.S. defense contractor in voluntary self-disclosure to DDTC

· Assisted U.S. manufacturer to conduct company-wide directed audit for ITAR compliance

· Advised U.S. companies on EAR and ITAR filing requirements and due diligence for mergers and acquisitions

· Counseled clients on license agreements, including for U.S. subsidiary of European manufacturer and for satellite arbitration

· Counseled U.S. research university on "deemed export" provisions under ITAR and EAR

Export Administration Regulations (EAR)

· Advised U.S. retail products exporter in grand jury proceedings related to alleged shipments to Syria

· Counseled medical devices company in investigation of exports of products and services to Syria, filing of voluntary-self disclosures to BIS and OFAC

· Advised U.S. government contractor in voluntary self-disclosure to BIS of "deemed exports"

· Assisted multinational oilfield services company with company-wide export controls risk assessment

· Collaborated with U.S. manufacturing company to revise and provide training on export controls compliance policies and procedures

· Counseled U.S. medical research institution on protocol for reviewing transactions to comply with EAR, ITAR, and U.S. sanctions

· Advised U.S. health care companies regarding EAR requirements for shipment of medical products to Syria

· Assisted U.S. manufacturing company to apply for BIS license for export to China

· Advised U.S. university and U.S. energy company on completion of export controls portions of immigration Form I-129


· Counseled U.S. research university on nuclear export controls compliance

· Prepared comment to proposed Department of Energy export controls rules for DOE contractors


· Litigation in Court of International Trade regarding enforcement of countervailing duties against U.S. manufacturer

· Prepared strategy and response for proposed penalties by CBP Port for major U.S. airline

· Prepared prior disclosures for U.S. manufacturers in connection with customs inquiries and internal audits

· Counseled non-U.S. solar panel manufacturer regarding anti-dumping and countervailing duties and use of Foreign Trade Zones

· Advised non-U.S. energy company regarding U.S. customs implications of Myanmar sanctions

· Assisted U.S. retailer with comprehensive customs compliance training

· Prepared overview presentation of new U.S. free trade agreement for non-U.S. trade association

· Advised U.S. retailer regarding country of origin classification and due diligence

· Counseled U.S. manufacturer regarding CAFTA-DR country of origin labeling requirements


· Represented publicly-traded Hong Kong entity in CFIUS submission in connection with acquisition of interests in U.S. natural resources

· Advised Japanese company in CFIUS submission in connection with acquisition of U.S. business

· Assisted Chinese, German, Israeli, Canadian, and Japanese companies regarding CFIUS regulations and review process in connection with planned acquisitions

· Counseled U.S. defense contractor on challenges of potential acquisition by Asian investor


· Obtained defense verdict in false arrest claim against Washington D.C. police officer in jury trial

· Settled claims against Washington D.C. courts, schools, and jail arising from charges ranging from ADA discrimination to simple torts

· Obtained summary judgment in U.S. District Court for Washington D.C. public schools on discrimination and retaliation claim under IDEA

· Obtained dismissal in U.S. District Court of claims against D.C. jail and Department of Public Works on claims brought under 42 U.S.C. 1983

· Counseled government contractor on FOIA issues

· Counseled health care company on state regulatory requirements for Medicaid plan acquisition

· Prepared appellate briefs in Florida and New York state courts of appeals

· Assisted with research and writing for brief before the U.S. Supreme Court

· Counseled non-U.S. company regarding commodities trading provisions regulated by CFTC

· Assisted with investigations of health care fraud for U.S. health care companies

· Assisted with corporate due diligence for mergers and acquisitions

Pro Bono

· Won U.S. political asylum for Iraqi client

· Obtained rehearing on application of criminal three strikes rule that would have resulted in life imprisonment for client

· Reached settlement on international child custody dispute for Mexican client

· Obtained T visa for victim of human trafficking for Nigerian client

· Wrote portion of human rights investigative report on gang activities and state response in El Salvador

· Advised NGO client regarding human rights issues related to UN Peacekeepers in Haiti


· Member, Best Team, 2006 Ames Moot Court Competition, Harvard Law School


· D.C. Bar Association, International Law Section

· American Bar Association, International Law Section

· Society for International Affairs


· With Scott Maberry, "A Rising Voice on FCPA Compliance - the Court," Law 360, June 24, 2013

· With Matthew Riemer, "FCPA Lessons From The Allianz Settlement," Law 360, January 14, 2013

· With Scott Maberry, "Profit Counting: The Pfizer FCPA Settlement," Law360, August 27, 2012

· With Thad McBride, "Continuing The Trend: Biomet's FCPA Settlement," Law360, April 9, 2012

· With Thad McBride, "Clarity Required: US V. Banki," Law360, January 9, 2012

· With Curt Dombek, "Court Ruling Could Significantly Reduce Customs Duties for Biotechnology Companies," Indirect Taxes, Feb. 2012

· With Scott Maberry, "Getting Specific About FCPA Compliance," Law360, June 29, 2011

· With Thad McBride, "Buyer, when foreign, beware," the Deal Magazine, June 27, 2011

· With J. Scott Maberry and Thaddeus Rogers McBride, "Keeping Quiet About the U.S. Munitions List: The United States v. Roth Appeal," Northrop Grumman Ex/Im Daily Update, June 14, 2010

Global Trade Law Blog Postings

· "The European Court of Justice Overturns, Unfreezes EU Iran Sanctions," October 9, 2013

· "The FCPA in the News: Big Scoops, Real Fallout," September 5, 2013

· "Still Standing: U.S. Court Upholds SEC Conflicts Minerals Rule," August 5, 2013

· "The Internet, Food, Petroleum, and World Culture: Recent Updates to the Syria Sanctions," July 11, 2013

· "A Rising Voice on FCPA Compliance: The Court," June 6, 2013

· "OFAC Gets Hot, Bothered on Iran and Cuba: How Economic Sanctions Work Today," May 7, 2013

· "A "Deep Dive" into Space and Export Controls," March 8, 2013

· "No Knowledge, but Hints of Omissions in the Allianz FCPA Settlement," January 9, 2013

· "What's Not in the New FCPA Resource Guide, or Why Doing Your FCPA Homework is Still a Good Idea," December 6, 2012

· "ITAR End-Use Investigations Reveal Compliance Priorities," November 20, 2012

· "All Together Now: A New Joint Definition of 'Specially Designed'," July 11, 2012

· "Opportunities in the New U.S.-Colombia Free Trade Agreement," June 7, 2012

· "Peak Pressure: CISADA and NDAA Timeline," May 1, 2012

· "Continuing the Trend: Medical Device Maker Biomet Settles FCPA Charges For More Than $22 million," April 5, 2012

· "A Surprise Turn on the SEC's Winding Road to the Dodd-Frank "Conflict Minerals" Rule," February 21, 2012

· "The FCPA in 2011: Five Answers and a Looming Question," January 18, 2012

Government Contracts, Investigations & International Trade Blog Postings

· "What's New Out There? A Regulatory Update ("Promising Improvements" Edition)," July 22, 2013

· "Clarity Required: Iran Sanctions Convictions Reversed in U.S. v. Banki," December 9, 2011

· "OFAC, BIS Double up Flowserve: What the Flowserve Settlement Says about Corporate Compliance Programs," October 24, 2011

· "OFAC Settles Alleged Sanctions Violations for $88.3 million," September 19, 2011

· "Proposed Rule Details Major Changes to U.S. Export Controls," August 4, 2011

· "Trading Up: Newly Implemented North Korea and Libya Sanctions," July 15, 2011

· "Technology Exports: Uncertainty Around Form I-129 Persists," June 16, 2011

Latin American Law Blog Postings

· "Opportunities in the Upcoming U.S.-Colombia Free Trade Agreement," May 8, 2012

Life Sciences Law Blog Postings

· "Court of International Trade Ruling Provides Tariff Relief for Cell Culture Bioreactors," January 18, 2012


· "Anti-Terrorism Financing, Sanctions, and OFAC Compliance: Insights from OFAC, the Department of Treasury and the Department of State," NGO Legal Symposium: Practical Approaches to Counter-Terrorism, Fraud & Corruption, Washington, D.C., June 18, 2013


Documents by this lawyer on

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Shedding Light on CFIUS: Appeals Court Holds That CFIUS Review Lacks Constitutional Due Process
Mark L. Jensen,J. Scott Maberry,Robert L. Magielnicki,Thaddeus Rogers McBride,Brian D. Weimer, July 24, 2014
In a stunning ruling issued on July 15, 2014, the U.S. Court of Appeals for the D.C. Circuit held that review by the Committee on Foreign Investment in the United States (“CFIUS”) and the subsequent unwinding of the investment deprived the foreign investor of due process under the 5th...

Tech Company Shares Tech, Makes Self-Disclosure, Pays Penalty
Mark L. Jensen,Thaddeus Rogers McBride, April 11, 2014
On February 19, 2014, the U.S. Commerce Department announced that it had reached an agreement with Santa Clara-based Intevac, Inc. to settle allegations that Intevac violated U.S. export regulations governing exports of technology. Under the agreement, Intevac agreed to pay a civil penalty of...

An Assessment of the CFIUS 2012 Annual Report
Mark L. Jensen,Thaddeus Rogers McBride, March 19, 2014
In December 2013, the Committee on Foreign Investment in the United States (“CFIUS”) released its annual report to Congress (the “Report”) covering transactions it reviewed in Calendar Year 2012. (Yes, Calendar Year 2012 - CFIUS takes its time publishing its annual reports.)...

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Office Information

Mark L. Jensen

Eleventh Floor East, 1300 I Street, NW
WashingtonDC 20005-3314


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