David Cheng is the chair and managing partner of Nixon Peabody’s China and Asia-Pacific practice. He is qualified in both the United States and Hong Kong. He focuses on cross-border transactions, litigations and investigations, advising on issues ranging from acquisitions, capital financing (initial public offering), intellectual property protection and disputes to fraud, FCPA and SEC investigations. He has a client portfolio from all over the world: United States, Middle East, Europe, Japan, Singapore, Taiwan, mainland China and Hong Kong.
With a practice in international transactions and disputes and as a former U.S. Department of Justice attorney that had litigated over 90 cases in the U.S. Federal District Courts, my focus is very broad. Examples include: (1) advising on tax and corporate structures and conducting due diligence related to cross-border acquisitions and capital financing projects, assisting clients to minimize their risks and global tax impact (as part of that process, I have also advised clients on IP, employment, immigration and other local government requirements issues); and (2) representing clients in disputes and investigations potentially leading to litigations (this can range from tax or IP disputes to fraudulent acts by employees to government investigations (such as FCPA, U.S. Department of Justice, SEC and FMC)). I have also been the independent counsel of the Audit Committee in SEC investigations for various international companies based in Asia.
The world is a lot smaller than it was 20 or 30 years ago, and companies are taking advantage of this by expanding rapidly in new markets. With this growth, companies will need guidance overcoming various legal hurdles in both the domestic and the international markets. Acquisitions, disputes and investigations will continue to be issues that companies will need to deal with as expansions into new markets continue.
The American Lawyer | November 22, 2021
This article on the surge in private equity deals includes NP for advising the owners of skin care brand Obagi in its $1.2 billion business combination agreement with Waldencast Acquisition Corp. and the spinoff of Obagi’s operations in China.
The NP team was led by David Cheng, chair and managing partner of the firm's China and Asia-Pacific practice, and New York City Corporate partners Michael Smith and Richard Langan. The team that advised Obagi also included Chicago Corporate partner David Brown, Rochester Corporate partner Jeremy Wolk, Washington, DC Complex Commercial Disputes partner and Antitrust team leader Gordon Lang, and Washington, DC Corporate senior counsel Kenneth Silverberg. Other members of the team included Boston Corporate associate Anthony Bova and Chinese legal consultant Kelly Xiang.
Bloomberg Law | November 18, 2021
This article covering a roughly $1.2 billion merger of skin care and beauty brands with a special purpose acquisition company mentions NP for advising the owners of skin care brand Obagi in its business combination agreement with Waldencast Acquisition Corp. and the spinoff of Obagi's operations in China.
The NP team was led by David Cheng, chair and managing partner of the firm's China and Asia-Pacific practice, and New York City Corporate partners Michael Smith and Richard Langan. The team that advised Obagi also included Chicago Corporate partner David Brown, Rochester Corporate partner Jeremy Wolk, Washington, DC Complex Commercial Disputes partner and Antitrust team leader Gordon Lang, and Washington, DC Corporate senior counsel Kenneth Silverberg. Other members of the team included Boston Corporate associate Anthony Bova and Chinese legal consultant Kelly Xiang.
San Francisco Business Times | February 26, 2021
This article covers a recent “Bridge from China“ event, sponsored by NP, that included discussion of how the pandemic has affected cross-border business, geopolitical tensions of recent years, and what the administration change could mean for U.S. businesses wanting to do business in China. David Cheng, chair and managing partner of NP’s China & Asia Pacific practice, served as a panelist and David Kaufman, director of Global Strategies, co-moderated the panel discussion.
Rochester Business Journal | February 21, 2020
Rochester Corporate partner Jeremy Wolk authored this column about how employers with business operations in China are responding to the coronavirus outbreak and related travel restrictions. The article is based on an alert by Hong Kong Corporate partner David Cheng, Los Angeles Labor and Employment partner Benjamin Kim, San Francisco Labor and Employment senior counsel Jeffrey Tanenbaum and associate Rachel Conn, and Director of Global Strategies David Kaufman
Forbes | July 20, 2019
This Forbes article describing China’s efforts to open its market to foreign investors.
Golden Gate University School of Law, J.D., magna cum laude
Georgetown University Law Center, Taxation, with distinction
California
District of Columbia
U.S. Tax Court
U.S. Supreme Court
Hong Kong
Chinese
David was selected, through a peer-review survey, for inclusion in The Best Lawyers in America© 2022 in the field of Tax Law. David has been listed in Best Lawyers since 2021.
