Shaw Lewenz represents a class of investors, through their agent representative, in a large EB-5 Investment litigation. The case, in part, involves litigation and alleged misconduct by the former investor agent, which obtained a large arbitration award against the Eb-5 project entities. The investors claim that the arbitration award, which was pursued under the guise of it being on the investors’ behalf, should not be confirmed because it was not in the best interest of the investors and was procured through improper means.
When the former investor agent moved to confirm its award, Shaw Lewenz successfully moved to intervene and asserted counterclaims against the former agent. The former investor agent moved to compel the counterclaims to arbitration. Shaw Lewenz opposed that effort, and the trial court denied the motion to compel arbitration. The former investor agent, represented by Polsinelli, appealed to the 4th District Court of Appeal.
The Shaw Lewenz Appellate Practice Group, led by Zach Ludens with assistance from Lauren Palen, took the pen and successfully obtained a Per Curiam Affirmance of the order denying the motion to compel arbitration. This marks a huge victory for this large group of international investors who will now have the ability to pursue redress in state court.