David K. Cheng
Partner / Chair and Managing Partner of China/Asia Pacific Practice
Introduction
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.
My focus
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.
Looking ahead
Despite global tensions with countries creating new laws, regulations and policies setting new hurdles for doing global business, companies are still looking at new markets for opportunities to grow internationally.
In the news
- Hsu Untied Podcast
Hsu Untied interview with David Cheng, partner at Nixon Peabody
May 30, 2024David Cheng, chair and managing partner of NP’s China & Asia Pacific practice, is featured on this podcast episode, discussing his career path and cross-border China practice.
- San Francisco Business Times
Panelists discuss Taylor Swift, TikTok, and pandas at the Business Times’ China event
May 23, 2024This article covers a recent “New Bridges to and from China” event, sponsored by NP, that included discussion of all things trade, electric vehicle competition and taxes, as well as additional topics from the headlines such as pandas, TikTok and Taylor Swift. David Cheng, chair and managing partner of NP’s China & Asia Pacific practice, served as a panelist, and David Kaufman, director of Global Strategies, moderated the panel discussion.
- San Francisco Business Times
US-China connection in flux
June 2, 2023David Cheng, chair and managing partner of NP’s China and Asia-Pacific practice, is quoted in this article covering the recent “New Bridges to and from China” forum held at NP San Francisco. David served as a panelist for this discussion of how the US-Chinese relationship has evolved since the beginning of the COVID-19 pandemic and how companies from both countries are working to do cross-border business.
- World Journal
Post-pandemic turmoil between the US and China affects business in the Bay Area
May 26, 2023This article mentions China and Asia-Pacific practice Managing Partner David Cheng and Director of Global Strategies David Kaufman for co-chairing the recent “New Bridges to and from China” forum at NP San Francisco, hosted by NP and the San Francisco Business Times. The article also quotes David Kaufman on how the relationship between the US and China has evolved since the beginning of the COVID-19 pandemic.
- Law Street
Real estate revival
April 12, 2023This article covering the state of the US housing market highlights REAL Messenger’s SPAC merger with Nova Vision Acquisition Corp., mentioning NP for advising REAL Messenger in the deal. The NP deal team was led by China and Asia-Pacific practice Managing Partner David Cheng and Chicago Office Managing Partner David Brown, both of the Corporate practice. The team also included Washington, DC senior counsel Ken Silverberg, Chicago associate Marc Zhang, and Chicago paralegal Astrid McGruder, all of the Corporate practice, as well as Director of Global Strategies David Kaufman.
- The American Lawyer
Deal watch
April 3, 2023This roundup of recent deals across the M&A space mentions NP for representing REAL Messenger in its SPAC merger with Nova Vision Acquisition Corp. to become a publicly traded company. The NP deal team was led by China and Asia-Pacific practice Managing Partner David Cheng and Chicago Office Managing Partner David Brown, both of the Corporate practice. The team also included Washington, DC senior counsel Ken Silverberg, Chicago associate Marc Zhang, and Chicago paralegal Astrid McGruder, all of the Corporate practice, and Director of Global Strategies David Kaufman.
- Law360
Nixon Peabody guides real estate social app in $150 million SPAC merger
March 28, 2023This article mentions NP for advising REAL Messenger in its merger with special purpose acquisition company Nova Vision Acquisition Corp., allowing REAL Messenger to become a publicly traded company. The NP deal team was led by China and Asia-Pacific practice Managing Partner David Cheng and Chicago Office Managing Partner David Brown, both of the Corporate practice. The team also includes Washington, DC senior counsel Ken Silverberg, Chicago associate Marc Zhang, and Chicago paralegal Astrid McGruder, all of the Corporate practice, and Director of Global Strategies David Kaufman.
- China Business Law Journal
Five compliance advisers assist China’s third largest e-commerce listing
Nov 15, 2022NP is mentioned for serving as US compliance counsel for client Zibuyu International Ltd. in the clothing and footwear company’s recent listing with Hong Kong Exchanges and Clearing Limited (HKEX). Zibuyu is represented by China and Asia-Pacific practice managing partner David Cheng, of the Corporate group.
- San Francisco Business Times
The quest for mutual benefit: The complicated China-U.S. business relationship gets more complicated
This article covers a recent “Bridge from China” event, sponsored by NP, that included discussion of how the pandemic has affected cross-border business, and how to potentially tackle complex nuances of U.S.-China political and business relationships. 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.April 28, 2022 - The American Lawyer
Deal Watch: Private equity hits new heights
Nov 22, 2021This 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
Four firms lead three-way SPAC to create new beauty platform
Nov 18, 2021This 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
After the turbulent Trump years ,what will it take for the U.S. and China to reset their relationship?
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.Feb 26, 2021 - Rochester Business Journal
Coronavirus putting crimp on firms doing business in China
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 KaufmanFeb 21, 2020 - Forbes
What trade trouble? China loosens foreign ownership of financial sector one year early
This Forbes article describing China’s efforts to open its market to foreign investors.July 20, 2019 - Asian Legal Business
A Slow and Steady Approach for Nixon Peabody
China & Asia-Pacific chair David Cheng and Global Strategies Committee chair and IP Counseling & Transactions practice group leader Jeff Costellia are quoted in this article focused on Nixon Peabody’s strategic expansion in Asia.Oct 4, 2016 - Law360
Over A Dozen Firms Guided Largest Q1 Real Estate Deals
The $390M purchase of a premier site within New York’s South Street Seaport Subdistrict by Oceanwide Center NY LLC, a subsidiary of Oceanwide Holdings Co., is among the 10 largest Q1 real estate deals. Nixon Peabody advised Oceanwide on the transaction. The coverage notes the deal team was led by partners Denise Pursley, Colette Dafoe and David Cheng.May 4, 2016 - Apple Daily (a Hong Kong newspaper)
HK intends to create an online platform for house co-purchases
Chair and managing partner of the firm’s China and Asia-Pacific practice David Cheng provides commentary on the legal issues with online money raising platforms in Hong Kong.Oct 19, 2015 - Apple Daily (a Hong Kong newspaper)
HKMA said whether to give license would depend on situation
Chair and managing partner of the firm’s China and Asia-Pacific practice David Cheng provides commentary on the legal issues surrounding P2P lending.Oct 19, 2015 - Law360
Nixon Peabody, CWL Partners Join Forces in Hong Kong
This feature story features the Nixon Peabody CWL combination. Quotes are included from managing partner and CEO Andrew Glincher, partner and chair of the firm’s China and Asia Pacific practice David Cheng, and Nixon Peabody CWL managing partner Kenneth Wong.Oct 8, 2015
Admitted to practice
California
District of Columbia
U.S. Tax Court
U.S. Supreme Court
Hong Kong
Education
Golden Gate University School of Law, J.D., magna cum laude
Georgetown University Law Center, Taxation, with distinction
Recognition
- Selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2025 in the field of Tax Law; listed in Best Lawyers since 2021
- Recognized by Chambers Global from 2011 to 2015.
Languages
Chinese
Insights And Happenings
View AllProfessionals in the Practice Area
View AllSean Clancy
Senior Counsel / Co-leader, Tax- Washington DC
- Office:+1 202.585.8332
- sclancy@nixonpeabody.com
-