EB5 Investors Magazine "Top 25 issue" Volume 9 Issue 1 - Page 62

WINNERS LISTED ALPHABETICALLY
TOP LITIGATION ATTORNEYS
ROBERT V . CORNISH , JR .
LAW OFFICES OF ROBERT V . CORNISH , JR .

Bob Cornish is a securities and litigation attorney with over 25 years of experience in handling matters for investors and others in the global financial markets . Prior to forming his own firm last year , he was a partner at respected U . S . law firms . Cornish has held the FINRA Series 24 General Securities Principal license . His current litigation practice concentrates on serving both EB-5 investors and regional centers in a variety of securities and commercial matters , including those in U . S . courts and in arbitration . Cornish maintains law licenses in New York , Tennessee , Arkansas , Wyoming and DC , and has litigated in courts in Florida , California and elsewhere . He also serves as an expert witness in EB-5 matters , has been ranked a Top 5 Litigation Attorney by EB5 Investors Magazine for several years , and designated a “ Super Lawyer ” in securities litigation matters .

WHAT NEW TRENDS ARE YOU SEEING WHEN IT COMES TO EB-5 LITIGATION ?
The less viable projects that made their way to market in the rush to meet demand years ago have met their days of reckoning . Those who made efforts to conduct business in a commercially reasonable and fair manner have weathered the storm , while those who have not now face the wrath of angry investors . This is to be expected , and the industry must realize that holding bad actors accountable for their actions enhances the integrity of our industry both domestically and abroad . People come to the United States expecting the rule of law to help them , and that perception must be as close to reality as possible . I ’ m hopeful that the recent EB-5 reforms will prevent many bad things from the past .
WHAT HAS BEEN YOUR MOST IMPACTFUL EB-5 LITIGATION CASE , AND WHY ?
My most impactful case was one I recently handled for a group of investors who placed their trust in a regional center whose principal used their property for collateral on a mortgage and thereafter fled the United States to parts unknown . We have been successful in getting these people to a reasonable point of recovery and educating them about the legal process in the United States at the same time . Ironically , we are now educating them about legal processes in places they never dreamed of before while we chase the fraudsters down . While our process of justice sometimes seems slow to those not familiar with it , people have come to learn that more often than not , their case will be heard .
MATTHEW GALATI
THE GALATI LAW FIRM

Matthew Galati has represented hundreds of EB-5 stakeholders , including investors , developers , regional centers and others since 2011 . Following unprecedented USCIS delays and decision making , Galati has pivoted much of his practice to be more litigation-focused . He has represented hundreds of investors facing delays and denials , as well as regional centers seeking project approvals . This is his second consecutive time being named a Top 5 EB-5 Litigation Attorney . Galati was recently given the American Immigration Lawyers Association ’ s 2022 Joseph Minsky Young Lawyer Award for his outstanding contributions made as a young lawyer in the field of immigration and nationality law .

WHAT NEW TRENDS ARE YOU SEEING WHEN IT COMES TO EB-5 LITIGATION ?
It ’ s become frustrating to see some attorneys think ( and advertise ) that cases can be sped up or denials reversed by merely filing a Complaint . Litigation is , by definition , adversarial . We go into the process expecting that we have to fight the fight to the bitter end . Given the flood of litigation hitting the courts , the Government is not just going to surrender every time . Litigation requires a mindset to fight for the clients and not back away from pushback or initial adversity . Our clients have respected the approach we take and our willingness to move the law forward , as opposed to only taking the “ easy ” cases . How else are we to save future EB-5 stakeholders from needing more litigation ?
WHAT HAS BEEN YOUR MOST IMPACTFUL EB-5 LITIGATION CASE , AND WHY ?
Nandu v . Jaddou , 21-cv-00643 ( C . D . Cal . Sep . 24 , 2021 ) was a personal triumph . This was an I-485 mandamus case and the case law was definitely not in our favor . We pushed against the Government ’ s motion to dismiss even though the regional center program had lapsed . I was far from certain this strategy would work , but very few things in litigation are certain . We were ecstatic to survive the motion to dismiss and now establish a precedent that is incredibly important for green card delays in the EB-5 realm and beyond . Hopefully USCIS now recognizes that they cannot ignore EB-5 stakeholders and assume courts will rubberstamp their lack of action .
62 EB5 INVESTORS MAGAZINE