Securities Laws & EB-5: Broker/Dealer Business Model & JOBS Act Update
When: February 27, 3:00 PM EST/ 12 PM PST
Topic: Securities laws continue to be an increasingly important part of EB-5 compliance. As a result, Broker-Dealers, licensed with the Financial Industry Regulatory Authority (FINRA), are becoming more involved with the EB-5 Program. The most tangible evidence of this trend is FINRA’s guidance to Broker-Dealers on the suitability rule for EB-5 related investments. Our panel of experts will discuss what this trend means for Regional Centers and other EB-5 stakeholders, and how industry participants can benefit from the trend. This webinar will also take a closer look at what we have learned from implementing the JOBS (Jumpstart Our Business Startups) Act, which is a law intended to encourage funding of U.S. small businesses by easing of various securities regulations, and provides an opportunity to advertise regulation D compliant securities offerings to the public.
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John D Tishler – Partner in the Corporate Practice Group, Sheppard Mullin Richter & Hamption, LLP
Mr. Tishler’s practice encompasses domestic and international capital markets, corporate finance, corporate governance, business transactions, mergers and acquisitions and technology. He advises established NYSE, NASDAQ and international exchange issuers and smaller high-growth clients on capital structures, equity and debt offerings, EB-5 investment programs, securities compliance, strategic partnerships, mergers and acquisitions and corporate restructuring. Mr. Tishler regularly speaks and writes on corporate governance, capital markets transactions, EB-5 investment programs, emerging growth company issues and uncommon interpretations and approaches to transactional lawyering.
Kevin Callaghan, Principal, Aspyre Capital Group
Kevin is an experienced real estate executive and EB-5 practitioner having worked at a number of major international financial institutions. He has over 20 years of professional experience analyzing real estate investments including the last six years in China, Japan and India. Before founding his own cross-border consulting firm in 2008, Kevin spent 11 years as a CMBS executive at Lehman Brothers and Barclays Capital, originating and structuring large-scale real estate loans throughout the U.S., Caribbean and Japan. His specialties span every property type with a concentration in large-scale mixed use projects, portfolios, and hospitality.
Born in Wurzburg, Germany, Kevin was raised in the United States and has traveled extensively in Europe, Asia and North America. From 2008 to 2011, Kevin lived, worked and studied in China, completing graduate business degree programs from the two leading business schools in China and Europe – Tsinghua University and INSEAD – with programs based in Beijing, Singapore, France and Abu Dhabi. His recent EB-5 consulting assignments include work with a regional center based in New York City and assisting a major developer seeking EB-5 capital for a project in San Diego. Kevin started his career as an appraiser, achieving the MAI designation in 1990. Kevin is currently a Registered Representative and Investment Adviser Representative (Series 63, 65, 82) with Equinox Securities, Inc. and is a licensed real estate agent (New York State).
Mike Xenick, President & CEO, InvestAmerica Capital Advisors
Mr. Xenick has been an investment banker for over 20 years working to raise millions of dollars of debt and equity capital for middle market companies. At InvestAmerica, Mr. Xenick leads the firm’s EB-5 Advisory Services and Support practice.
Prior to starting InvestAmerica, Mr. Xenick was Managing Partner of LCG Capital Advisors, a boutique lower middle market investment bank in Tampa, Florida for over five years, co-founding LCG’s FINRA-registered broker/dealer, representing dozens of the firm’s clients in raising debt/equity capital and merger & acquisition transactions. Mr. Xenick also managed LCG’s advisory practice areas where there was a notable element of regulatory compliance, as well as various strategic partnerships of the firm. In 2010, Mr. Xenick founded LCG’s EB-5 Advisory & Support Services Division, creating the capabilities and infrastructure noted above, spinning out this Division in 2012 into InvestAmerica Capital Advisors, LLC.
Michael G. Homeier, Founding Shareholder, Homeier & Law, P.C.
Michael Homeier practices in the area of general business, corporate, transactional, and business financing law. With nearly 25 years’ experience in the corporate and business transactional field, both as in-house corporate counsel and with private law firms, Michael’s practice emphasizes the drafting, negotiation, and review of contracts, including commercial contracts, financing agreements, factoring packages, intellectual property licensing agreements, new media, technology, and commercial contracts, and entertainment industry agreements for both production houses and industry professionals. An integral part of Michael’s practice includes a comprehensive “entity practice” involved with the formation, maintenance, and dissolution of corporations and limited liability companies, both in the for-profit and non-profit sector.
Michael received his J.D. from University of Southern California and his B.A. from The University of California, Los Angeles. Michael is a member of the State Bar of California.
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