Kenneth Choy is a consultant and head of Technology Transactions practice of Nixon Peabody CWL in Hong Kong. His practice spanning more than 30 years in the U.S. and Asia has evolved into a combination of traditional IP, technology, transactional and emerging company practices. Clients include startups, emerging companies, publicly traded companies, family offices and investment funds. Having served as general counsel and co-founder of an international technology company, he understands clients’ concerns include commercial as well as legal issues.
I have practiced law in the U.S. and Asia for more than 30 years. I work with innovative clients from different industries with intangible and IP assets in fundraising, portfolio building, IP commercialization, technology transfer, licensing, cross-border strategic alliances, regulatory compliance, and mergers and acquisitions. I also advise clients dealing with disputes involving technology and intangible assets, contracts and disagreements with shareholders, partners, and vendors. In recent years, I have been helping clients navigate the developing regulatory environment of crypto-currencies, blockchains, and ICOs.
I work with technology companies with fundraising, M&A, licensing and tech transfer matters. I work with fintech and digital startup companies on regulatory compliance and general corporate matters. I also work with biotech companies on fundraising, material transfer, research and clinical trial arrangements, product development and licensing matters.
I help brand owners develop and expand their brands in the Asian Pacific region through portfolio building, licensing and franchising. I also advise them on infringement and co-existing matters as well as website and online issues.
The past few years have seen a significant rise in digital start-ups in this region. Many are seeking to apply blockchain technology as their platform and digital assets as the tool for providing goods and services. I help guide clients as they tread into this developing area where regulatory and compliance issues are not yet settled. I also help these companies with issues such as founders and shareholders relationships; employment mattes including obtaining visas; organizational structuring; IP protection and intangible rights; fundraising; and contracting needs.
In M&A transactions and public offerings of securities, IP due diligence and evaluation involve more than checking boxes on a checklist. I help companies go beyond box checking so they may evaluate the state of the underlying IP portfolio.
Application of digital technology in a decentralized environment is in vogue in Asia today. In addition to challenges of proof of concept, there are many other issues to sort out, such as how investment dollars are characterized, regulatory compliance, ownership and right of use of intangible assets, transparency and data privacy, cybersecurity, and workplace and employment, to name a few. These issues are coming into focus in the amorphous digital environment where companies operate and are subject to multiple regulatory jurisdictions or none at all. Until these issues are sorted out, companies must exercise caution.
Publications and presentations
Solicitor of the High Court of Hong Kong
Northeastern University School of Law, J.D.
San Francisco State University, B.A.
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