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.
Forbes | July 20, 2019
This Forbes article describing China’s efforts to open its market to foreign investors.
Asia-Pacific Alert | 12.20.19
China Law Alert | 07.25.19
China Law Alert | 07.03.19
10.05.17 | Singapore
05.01.17 | San Francisco, CA
Golden Gate University School of Law, J.D., magna cum laude
Georgetown University Law Center, Taxation, with distinction
District of Columbia
U.S. Tax Court
U.S. Supreme Court