EB5 Investors Magazine "Top 25 Awards Edition" Volume 8 Issue 1 - Page 49

TOP CORPORATE AT TORNEYS MARIZA MCKEE CORPORATE ATTORNEYS EB5 INVESTORS MAGAZINE M ariza McKee is a structured finance lawyer and a trusted counselor to stakeholders that raise and deploy EB-5 capital. McKee leads the firm’s national EB-5 finance practice – an interdisciplinary team of securities, tax, corporate, debt, and real-estate lawyers. She approaches EB-5 transactions from a risk manager’s vantage point and constructs legal strategy to help clients achieve business objectives while navigating securities laws and evolving EB-5 program requirements. A frequent speaker and writer on EB-5 , McKee is an active member of the EB-5 community. McKee serves as a member of IIUSA’s Board of Director, as well as Chair of the Nominating Committee. WHAT TRENDS ARE YOU SEEING IN THE EB-5 INDUSTRY? I see a more measured and united EB-5 industry. I’ve noticed a collaborative trend as our EB-5 community rallies together to address new challenges and to seize current opportunities. In light of higher investment amounts, more restricted TEAs, and proposed legislation that would change regional center administration, we are enjoying the opportunity to innovate alongside our clients to ensure their plans are legally sound as they strategize, adapt, and evolve for the new EB-5 market. This creative energy flow produces forward momentum that I believe bodes well for our industry. HOW ARE YOU HANDLING THE ISSUE OF REDEPLOYMENT? We take care to counsel our clients on redeployments thoughtfully and thoroughly. There is no one-size-fits-all solution. Sustainment strategy depends upon analysis of many variables including legal compliance, disclosure and documentation requirements, options, timing, investor expectations and communications, and contractual obligations. We counsel clients in developing reasoned plans, bolstered by legal safeguards, to execute their plans and work to fulfill their redeployment obligations. JENNIFER MOSELEY J CORPORATE ATTORNEYS EB5 INVESTORS MAGAZINE ennifer Moseley is a corporate and securities partner at Burr & Forman LLP in Atlanta, and advises small start-ups to large, public companies in an array of transactions and capital raising activities. She enjoys resolving her clients’ needs in her role as counselor to start-up and developmental stage companies. and there could be increased litigation over TEA issues by those who do go forward. Increased investment amounts will be attractive to project developers who previously did not seek EB-5 investors since they can have less investors for higher capital, especially those who offer higher rates of return. Though many will no longer afford the increased investment amount, traditional investors motivated by returns will find better opportunities in EB-5. Moseley was introduced to EB-5 in early 2008 and addressed securities law implications in EB-5 during the early years when securities law was not at the forefront of EB-5 related discussions. She continues to help clients navigate the intricacies of securities laws with practical solutions to meet their goals. HOW ARE YOU HANDLING THE ISSUE OF REDEPLOYMENT? WHAT TRENDS ARE YOU SEEING IN THE EB-5 INDUSTRY? With the changes to the definition of TEAs and elimination of TEA designation letters, there is an uptick in RFEs. Potential investors may be deterred by issues over TEA qualifications, I discuss with the JCE upfront other projects into which they could redirect EB-5 funds in case an investment is repaid too early or fails. The possibility of redeployment has to be discussed in the original PPM, and you have to consider securities exemptions and disclosures to investors before you can redeploy any funds. The update by the USCIS last year clarifying when an investor’s funds are “at risk” will eliminate the need for redeployment for some investors, so I think there will be changes in how most of us approach this issue going forward. EB5INVESTORS.COM 49