FacultyFaculty/Author Profile

Mary T. Hernandez

Covington & Burling LLP

Washington, DC, USA


Mary Tere Hernandez specializes in international arbitration practice and FCPA investigations. She is particularly focused on serving clients with operations in Latin America.

Ms. Hernandez's arbitration engagements have included high-stakes disputes before the International Centre for

Settlement of Investment Disputes (ICSID) and the International Chamber of Commerce (ICC). Her experience in this area includes representation of ExxonMobil in several cases concerning oil facilities in Venezuela, one of the largest international investment disputes in history. Ms. Hernandez was also seconded for two years to the international disputes group of ExxonMobil, working on significant arbitration matters during that time.

In the FCPA area, Ms. Hernandez has worked on internal investigations and compliance issues on behalf of clients doing business in Latin American countries, including Argentina, Colombia, and Mexico.

Ms. Hernandez received her law degree from the Universidad Iberoamericana in Mexico City, graduating first in her class.

She received an LL.M. degree from NYU. She is fluent in Spanish.

Ms. Hernandez is admitted to practice in the State of New York and in Mexico. She is licensed in the District of Columbia as a Special Legal Consultant.

Representative Matters

  • Representation of claimants in Mobil Corporation et al. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/07/27), resulting in an award exceeding $2 billion.
  • Representation of claimant in Mobil Cerro Negro v. Petroleos de Venezuela S.A. et al. (ICC Case No. 15415/JRF), resulting in a $907 million award.
  • Representation of claimants in Valores Mundiales, S.L. y Consorcio Andino S.L. v. República Bolivariana de Venezuela (Caso CIADI No. ARB/13/11) (pending).
  • Representation of the South American subsidiary of a mining company in an ICDR arbitration arising from an EPC contract for the construction of a transmission line.
  • Internal investigation relating to whistleblower allegations of violations of the FCPA by a multinational company with operations in Mexico.
  • Internal investigation relating to whistleblower allegations of FCPA violations by a multinational company with operations in South America.
  • Internal investigation relating to allegations by a whistleblower of potential violations of the FCPA and other federal securities laws by a multinational company with operations in Latin America.
  • Internal investigation regarding export controls for a Fortune 100 company.

Pro Bono

  • Successfully represented condemned inmate in a civil rights action alleging excessive force, deliberate indifference, and racial discrimination.

Previous Experience

  • From 2010 to 2012, Ms. Hernandez was seconded to the international disputes group of ExxonMobil in Houston, Texas. She worked on several significant arbitration matters and advised company management regarding investment issues involving Exxon operations in South America, Canada, and Africa.

Memberships and Affiliations

  • American Bar Association
  • News and Insights
  • "Regulación y formas de participación en la industria energética: Exploración y extracción de hidrocarburos," January 2015, International Chamber of Commerce Mexico (ICC Mexico)
  • "La Anulación de los Laudos en Los Casos de Sempra y Enron," 2011, Anuario Latino-Americano de Arbitraje (Instituto Peruano de Arbitraje)

Practices

Litigation and Investigations

  • International Arbitration White Collar Defense and Investigations
  • Anti-corruption/FCPA

Industries

  • Energy
  • Financial Services

Education

  • New York University School of Law, LL.M., 2008
    - Hugo Grotius Scholar
  • Universidad Iberoamericana, Licenciada en Derecho, 2006
    - summa cum laude
    - First in class
    - Class Valedictorian

Bar Admission

  • Mexico
  • New York

Languages

  • Spanish
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