EB5 Investors Magazine Volume 2 Issue 2 | Page 33

Connect with us on the web Mitigating as much as possible Much can go wrong—and things can happen fast. The most common problem in representing both the regional center/project entity and the investors is when adverse information arises that the regional center/project entity does not want disclosed to existing or future investors. Unfortunately, in such a dual-representation role, the lawyer must choose between violating the duty of confidentiality to the regional center/project entity client or violating the duty of full disclosure to the investor. In such conflicts, the immigration lawyer may have no choice but to withdraw from representing both parties. In worst-case scenarios, the immigration attorney may find herself the unwitting party to an investigation by the SEC or FBI. The time to stop such a cascade of trouble is before you accept the representation. Imagine the consequences that could result from joint representation gone wrong. If it would create vulnerabilities beyond what would normally occur in a denied petition, consider avoiding the combination altogether. While you may lose potential profit at this juncture, you may be saving yourself a lot more in the long run. Brandon Meyer is principal of Meyer Law Group, a full-service immigration law firm specializing in EB-5 and other employment-based immigration matters, based in San Francisco, Calif. He can be reached at [email protected]. Brandon Meyer Elizabeth Peng is co-founder of Peng & Weber, PLLC, a nationally recognized EB-5 immigration law firm based in Seattle/Mercer Island, Wash. Ms. Peng earned law degrees in both China (1983) and the United States (1988) and is a highly regarded author and lecturer on EB-5, especially with respect to EB-5 investors from China. ★ w w w. E B 5 I n v e s to r s . c o m Elizabeth Peng 31