David Chen
Counsel
David is a strategic, life sciences, and technology transactions and data privacy counsel based in Ropes & Gray’s Shanghai office. He regularly advises clients in the life sciences and technology industries in strategic collaborations, intellectual property transactions, general commercial matters, and data monetization, protection and privacy matters. He also frequently advises private equity funds and other financial institutions in investment and financing transactions, mergers and acquisitions, and foreign direct investments in the APAC region. He often counsels clients on protecting and leveraging their data, patents, trade secrets, copyrights, trademarks, and other intellectual property rights in China.
David specializes in advising pharmaceutical, biotech, digital health, and medical device companies on their transactions encompassing the entire value chain, including on early-stage collaboration on drug discovery, in-licensing and out-licensing of drug candidates, CMO and CRO arrangements, supply, distribution, promotion, and cross-industry digital health initiatives.
David also regularly advises mobile app, mobile gaming, digital media, and data-driven companies on their transactions involving mobile app, mobile game, and content development and distribution and data sharing.
He is a California native, has lived and practiced in China since 2009, and is fluent in Chinese (Mandarin).
Experience
- Advising LianBio in a number of in-licensing initiatives to develop and commercialize products for China, including deals with MyoKardia and BridgeBio Pharma Affiliates, Navire Pharma and QED Therapeutics.
- Advising Zai Lab in a number of in-licensing initiatives to develop and commercialize products for China.
- Advising Innovent Biologics in various in-licensing and out-licensing arrangements, including its development collaboration with MD Anderson Cancer Center.
- Advising NetEase, the leading China-based internet technology company providing on-line services centred on content, community, communications and commerce, in multiple matters including its investment in, and licensing of, Minecraft for China from Mojang.
- Advising Alibaba Group on the high-level intellectual property aspects of a number of matters, including its strategic partnership with Richemont and joint venture with YOOX Net-A-Porter Group to bring luxury retail e-commerce offerings to Chinese consumers.
- Advised a US-based global telecoms leader on a number of high-level enforcement mandates linked to patent rights in China.
- Advised a US multinational pharmaceutical company to engage another multinational pharma to promote a major diabetes product in China.
- Advised a US multinational pharmaceutical company in its collaboration with a Chinese biotech to develop AI algorithms for disease diagnosis.
- Advised a US-based medical technology manufacturer and distributor of medical devices, medical instrument systems and reagents on major intellectual property matters.
- Advised a consortium of investors in a going-private transaction involving Shangpharma, one of the largest Chinese life sciences services providers.
- Regularly advises biotechs to in-license drug assets for development and commercialization in China.
- Regularly advises and counsels multinational companies on China data protection and privacy compliance.
Publications
- Co-Author, "Comparative analysis of the proposed Chinese standard contract and EU standard contractual clauses," Global Data Review (December 14, 2022)
- Quoted, “Didi, Data and New China Cross-Border Transfer Regulations,” The Pink Sheet (July 27, 2022)
- Co-author, “Digital Health: China,” chapter in Lexology Getting the Deal Through (January 2022)
- "Technology Transfer in China: Guidance for Businesses," China IPR SME Helpdesk
- "Guide to Protecting Your Trade Secrets in China," China IPR SME Helpdesk
- "Guide to Copyrights in China," China IPR SME Helpdesk
- "Guide to IPR Protection in China for the Creative Industries," China IPR SME Helpdesk
Education
- JD, Boston University, 2008
- MA (International Relations), Boston University School of Law, 2008
- LLM (Chinese Law), Tsinghua University Law School, 2008
- BA (Business Economics, Sociology), University of California, Los Angeles, 2002
Admissions / Qualifications
Qualifications
- California, 2009
Court Admissions
- U.S. District Court for the Eastern District of Texas, 2018
Awards
- China Law & Practice Awards: “Equity Securities Deal of the Year for LianBio IPO” (2022)
- Legal 500 Asia Pacific: Next Generation Partner in Life Sciences (2021)
- Legal 500 Asia Pacific: Rising Star (2020, 2022-2023)