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].
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