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Biography
David's principal areas of practice are business law, international business transactions, cross-border mergers, acquisitions and divestitures as well as corporate and project finance and oil and gas. He is a member of the firm's China Practice Group and Project Finance and Development Group.
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Representative
Experience
- Represented U.S. energy company in sale of its 50% share in a company owning interests in over 12 power plants in China, Taiwan and Korea for approximately $220 million
- Represented Chinese petroleum companies in connection with acquisitions of oil and gas interests in Kazakhstan, South America, Côte d’Ivoire, Niger, Nigeria, Angola and Morocco
- Represented large Chinese energy company in connection with two successful acquisitions of companies owning oil and gas interests in Kazakhstan and in connection with bid for oil shale properties in Australia
- Represented U.S. energy company in connection with the sale of a controlling interest in a gas-fired co-generation facility in Hsinchu, Taiwan
- Represented U.S. petroleum company in the sale of its 49% interest in a joint venture liquefied petroleum gas receiving terminal and processing facility in East China
- Represented U.S.-based international petroleum company in structuring and negotiation of petroleum contracts for an integrated offshore natural gas project in the East China Sea
- Represented an international petroleum company in the $262 million sale of Indonesian oil and gas assets to PetroChina
- Represented U.S. energy company in sale of petroleum properties in Indonesia
- Represented international investors in proposed acquisition of a controlling interest in Chinese state-owned company owning and operating electric power co-generation facilities in North China
- Represented international energy company in connection with the development of offshore blocks in the South China Sea, including review and selection of bids and negotiation of turnkey EPC contracts and operating agreements for an FPSO, two well head platforms and associated facilities and arrangements for marketing and lifting of crude oil production
- Represented internationally-owned project company in negotiation of operating agreements for $1.2 billion heavy crude oil pipeline and marine terminal in South America
- Represent a U.S. energy company in connection with the development of natural gas fields in Sichuan, China
- Represented a Chinese energy company in connection with crude oil purchase and sale arrangements for a proposed 2000-km pipeline from Siberia to northeastern China
- Represented a consortium led by a European oil major in connection with China’s West-East natural gas pipeline
- Represented a Dutch energy company in the development and negotiation of a 24MW wind power plant in Guangdong, China
- Represented U.S. satellite communications company as lead strategic investor in $30 million private equity investment in China's first nationwide broadband Internet service provider and in subsequent share restructuring and follow-on investment
- Represented international private equity fund in connection with NT$6 billion in syndicated financings for the acquisition of distressed debt and other asset portfolios in Taiwan and in auctions of non-performing loans in China
- Represented international lenders in connection with $75 million secured notes financing involving the taking of security interests over assets in China and other countries
- Represent U.S. construction equipment company in connection with winding up of joint venture leasing company in China
- Represented lead lender and administrative agent in $100 million unsecured revolving credit facility to a U.S. independent petroleum company to fund exploration and development operations offshore China
- Advise U.S., European and Asian corporate clients on the formation, acquisition, restructuring and/or divestiture of foreign-invested entities in mainland China and Taiwan
- Represent U.S. energy company in connection with Chinese proceedings to recognize and enforce an international arbitral award under the New York Convention (1958)
- Represent a U.S. software company in connection with a dispute with a Chinese distributor/reseller
- Represented a U.S. energy company in preparation and negotiation of an operation and maintenance agreement for a 600MW gas-fired power plant in the western U.S.
- Represented a U.S. energy company in restructuring of its investment in a geothermal power project in the Philippines
- Represented Texas-based pipeline and fractionation company in structuring and negotiation of joint venture to develop production platforms in the Gulf of Mexico
- Represented large international pipeline company as borrower in negotiation of $150 million and $700 million credit facilities in connection with public offerings of master limited partnership units
- Represented borrower in negotiation of $510 million syndicated acquisition financing and revolving and term credit facilities in connection with tender offer and leveraged buy-out of U.S. homebuilder and subsequent $570 million combined private debt placement and syndicated bank financing
- Represented start-up company in the negotiation of an agreement with the National Aeronautics and Space Administration to develop and commercialize multimedia space imagery
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Activities and Affiliations
- Member: American Bar Association; Association of International Petroleum Negotiators; Asia Society
- Author: "Parent Company and Shareholder Liability: 'Piercing the Corporate Veil' of Chinese Corporate Subsidiaries," Business Law International (May 2004); and "Onshore/Offshore Oil & Gas," Doing Business in China (forthcoming); "Green Light for Foreign Investment in Value-added Telecoms Services," China Law & Practice (2000); "The Dilemma of WTO Accession and Reform of China's State-owned Enterprises," Journal of International Economic Law (1999); "'Reform' or 'Opening'? Reform of China's State-owned Enterprises and WTO Accession," UCLA Pacific Basin Law Journal (1998); "Sources of Funds and Risk Management for International Energy Projects," Berkeley Journal of International Law (1998)
- Co-author: "Fuel for the Next Century," China Business Review (1998); "Preparing Itself for the Next Century," Petroleum Economist (1998)
- Listed: Asia Law Leading Lawyers (2002 Edition)
- Speaker: Topics related to foreign direct investment and mergers and acquisitions in China and international acquisitions and investments by Chinese energy companies
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Education and Professional Background
- Middlebury College, B.A., 1988
- Johns Hopkins School of Advanced International Studies (Nanjing Program), 1989
- Stanford University, M.A., 1991
- Beijing University, 1992
- University of California at Berkeley, J.D., 1999 (California Law Review, Publishing Editor, 1997-1999; Berkeley Journal of International Law, Articles Editor, 1997-1998)
- Admitted to practice: Texas, 1999
- Other Languages: Fluent in Mandarin Chinese and French; proficient in Shanghainese
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