David Chen

David R. Chen

Partner
David R. Chen
Santa Monica
+1 949 394 7938

David R. Chen is a life sciences and technology transactions lawyer based on the West Coast and in Asia. He is an expert on strategic and cross-border licensing, collaboration, and strategic partner transactions, technology-/data-driven transactions, and commercial transactions in the life sciences and technology sectors.

David represents life sciences companies of all sizes and stages, from emerging biotechs/med-techs to large multi-national pharmaceutical/medical tech companies. He spent 14+ years living and practicing in Asia, where he assisted foreign and local companies in transactions involving China, Japan, S. Korea, S.E. Asia, and worldwide territories. David’s life sciences expertise encompasses the entire life sciences value chain, from early-stage collaboration on drug discovery, in-licensing and out-licensing of pre-clinical and clinical-stage drug candidates, CMO, CRO, and CSO arrangements, supply and distribution arrangements, promotion and commercialization arrangements, pipeline optimization and divestiture transactions, and cross-industry digital health initiatives.

David also regularly advises technology, software, e-commerce, mobile app, mobile gaming, digital media, and data-driven companies on their strategic transactions, partnering arrangements, and investments, and regularly advises companies across a broad range of industries on China and Hong Kong privacy and data protection laws and compliance.

David is a California native, and is fluent in English and Mandarin Chinese.

Representative Matters

  • Counsel to CASI Pharmaceuticals (NASDAQ: CASI) on multiple in-license transactions for pharmaceutical assets, including a license transaction for a radiopharmaceutical product, and transactions with several US-based/listed biotechs and an European biotech*
  • Lead counsel advising BeiGene (NASDAQ: BGNE; HKG: 6160), a leading China-based, global integrated pharmaceutical company, on an in-license from a HK-listed pharmaceutical company of a late-stage pharmaceutical product for China*
  • Lead counsel advising LianBio (NASDAQ: LIAN; HKG: 9688), a leading China-based biotechnology company, on multiple in-licensing initiatives to develop and commercialize products for China, related clinical collaboration, supply, and commercialization arrangements, and alliance management matters*
  • Lead counsel advising Zai Lab (NASDAQ: ZLAB), a leading China-based biotechnology company, on multiple in-licensing initiatives and research collaborations to develop and commercialize products for China, including transactions with several US-based/listed biotechs*
  • Counsel to Innovent Biologics (HKG: 1801) in its multiple-asset license and collaboration agreement with Eli Lilly & Company, and with respect to multiple related ancillary agreements and amendments*
  • Lead counsel advising Innovent Biologics (HKG: 1801), a leading China-based pharmaceutical company, on multiple in-licensing and out-licensing arrangements, including transactions with a leading US cancer center, several US listed biotechs, and a large US multinational pharmaceutical company (MNC)*
  • Lead counsel advising Agenus (NASDAQ: AGEN), a US-based biotechnology company, on multiple out-license transactions for various products for China and worldwide, including transactions with a China-listed pharmaceutical company and a large US MNC*
  • Lead counsel advising a large US MNC on its in-license from a wholly owned subsidiary of a leading Chinese biotech and life sciences service provider of an adeno-associated viral (AAV) vector technology platform for the development and commercialization of gene therapies*
  • Lead counsel advising a large US MNC on its collaboration with a China-based precision medicine company to develop AI algorithms for the early detection and diagnosis of lung cancer*
  • Lead counsel advising a large US MNC on its collaboration with a Chengdu-based early-stage CRO for designing and building DNA-encoded libraries to discover unique small molecule assets*
  • Counsel to a large US MNC on a license-option arrangement for various antibody pipeline assets of a Chinese biotech*
  • Lead counsel advising a large US MNC on a license-option arrangement for a digital health, medical device product*
  • Lead counsel advising MediBoston, a US- and China-based anti-body drug conjugate (ADC) biotechnology company, on several ADC development collaborations with a HK-listed pharmaceutical company and various European biotechs*
  • Represented Mersana (NASDAQ: MRSN), a leading US ADC biotechnology company, on multiple ADC license transactions, including transactions with a large Japanese MNC*
  • Lead licensing counsel advising HutchMed (NASDAQ: HCM; HKG: 0013) on its in-license of cell-lines for the development and commercialization of biologic therapeutics*
  • Lead counsel advising BioNova Pharmaceuticals, a China-based foreign-invested biotechnology company, on multiple in-license transactions with several US-based biotechs for pharmaceutical assets, including ADCs*
  • Counsel to Abbisko Therapeutics (HKG:2256), a HK-listed, China-based biotechnology company, on its in-license of greater China rights for an oncology asset from a NASDAQ-listed biotech*
  • Lead counsel advising Wallaby Medical, a leading US- and China-based neurovascular medical device company, on various medical device and digital health-related in-licensing, out-licensing, and distribution arrangements, including transactions with a German-based medical technology company and a UK-based AI/digital health company*
  • Lead counsel advising Mallinckrodt (NYSE: MNK) on its out-license, development, distribution, and supply arrangements with its HK-listed China distributor for a drug/device combination product*
  • Counsel to Bellerophon Therapeutics (NASDAQ: BLPH), a US listed, clinical-stage, biotherapeutics company, on its out-license arrangements with its China partner for a drug/device combination product*
  • Lead licensing counsel advising Waters Corporation (NYSE: WAT) on its out-license, development, distribution, and supply arrangements with its China distributor for a medical device product*
  • Counsel to Simcere (HKG: 2096) in a collaboration and license arrangement with Merus (NASDAQ: MRUS) to in-license bi-specific antibodies*
  • Counsel to Harbin Pharmaceuticals (SHA: 600664) in its partnership and license with GNC for the sale of GNC-branded products in China*

*Denotes experience prior to joining Goodwin.

  • Lead counsel advising a large US MNC to engage a large European MNC in two separate transactions to promote its diabetes product in China and Southeast Asia*
  • Lead counsel advising a large US MNC on several authorized generic supply and distribution arrangements for various products in Japan, including transactions with a large Japanese pharmaceutical company*
  • Lead counsel advising a large US MNC on several reverse co-promotion arrangements for various products in Japan, including transactions with a large Japanese pharmaceutical company*
  • Counsel to a large US MNC on an exclusive distribution and promotion arrangement for a product in Japan*
  • Lead counsel advising Amgen (NASDAQ: AMGN) on several co-promotion arrangements in China*
  • Co-licensing/commercial counsel advising Zai Lab on a promotion arrangement for China with a leading China-based pharmaceutical company*

*Denotes experience prior to joining Goodwin.

  • Counsel to Alibaba (NYSE: BABA) on its strategic partnership with Richemont to bring the retail offerings of YOOX Net-A-Porter Group, a leading online luxury fashion retailer, to Chinese consumers*
  • Counsel to Alibaba on its investment in Unity China, a joint venture of Unity Technologies (NYSE: U) for the development and commercialization of localized versions of Unity game development products, including Unity’s core product, Unity Editor.*
  • Counsel to Alibaba on business cooperation agreements and IP and data-related matters in connection with various strategic investments*
  • Counsel to Ant Financial on business cooperation agreements and IP and data-related matters in connection with various strategic investments*
  • Counsel to NetEase (NASDAQ: NTES) on various strategic investments and in-license arrangements in the gaming sector, including to bring the popular games Minecraft and Pokemon Go to the Chinese market*
  • Lead counsel advising Seer (NASDAQ: SEER), a US-based proteomics data analysis company, on its SaaS service arrangements in China*
  • Lead counsel advising Veracross, a US-based student information systems and software company, on its SaaS service arrangements in China*
  • Lead counsel advising Luca Healthcare, a China-based digital health company, on various digital health in-licensing initiatives, including a transaction with a US-based neuroscience digital health company*
  • Lead counsel advising Healthwise, a US-based health education and information company, on its content license arrangement with Tencent to distribute Healthwise content in China*

*Denotes experience prior to joining Goodwin.

  • Counsel to a large US MNC on its divestment of a product in Japan*
  • Counsel to a large US MNC on its divestment of its rest-of-the-world rights to a product*
  • Licensing/commercial transactions counsel advising Eli Lilly and Company (NYSE: LLY) on multiple divestitures involving several products in China*
  • Advised Alibaba on investments in companies operating in a broad range of sectors, including e-commerce, artificial intelligence (AI), autonomous driving, electric vehicles (EVs), social media, online travel, and logistics*
  • Advised Ant Financial on investments in companies in various sectors, including fintech, technology services, and online reviews*
  • Advised DST Global, a leading venture capital and private equity firm, on IP and data-related matters in connection with its investments in various sectors, including consumer products, wellness, apparel, and food & beverage*
  • Advised a consortium of investors, including TPG Capital, in a going-private transaction involving Shangpharma, one of the largest Chinese life sciences service providers*
  • Advised MBK Partners on its investment in a leading Chinese medical data and oncology big data company*
  • Advised a US children’s clothing company in the negotiation of a joint venture to launch and operate its branded children’s apparel business in China*
  • Advised a Caterpillar (NYSE: CAT) on several joint ventures to operate industrial equipment manufacturing business in China*
  • Advised LINE Corporation/Naver in the negotiation of several joint ventures to operate online businesses in China*
  • Regularly advise private equity and other investment funds, including Baring, Blackstone, Bain, TPG, Goldman Sachs, KPCB, DST, MBK Partners, Pivotal BioVentures, Panacea, CMC Capital, and Milestone, on IP and data-related due diligence and contract provisions in transaction documents in connection with investment transactions in a variety of sectors, including social media, e-commerce, digital technology products, consumer brands, network equipment manufacturers, telecommunications, and life sciences*

*Denotes experience prior to joining Goodwin.

  • Regularly advise life sciences companies and private equity and other investment funds on China and Hong Kong data protection compliance matters, including compliance counseling, privacy notices and consents, privacy programs, data transfer agreements, privacy risk assessments, and compliance with China and Hong Kong cross-border data transfer requirements*
  • Advised Zai Lab on a data transfer agreement with a US-based, multi-national licensor partner for the cross-border sharing of clinical data*
  • Advised a US-listed e-commerce company on a data privacy risk assessment covering its primary operating markets in multiple countries across Asia-Pacific*
  • Advised a Hong Kong-based private equity fund in connection with a data breach/ransomware attack*

*Denotes experience prior to joining Goodwin.

Credentials

Education

JD2008

Boston University

MAInternational Relations2009

Boston University

LLMChinese Law2008

Tsinghua University

BABusiness Economics and Sociology2002

University of California, Los Angeles

Admissions

Bars

  • California