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David B. Hoppe is the
founder and principal of Access International Law Group. His experience
encompasses a broad range of corporate
transactional matters, focusing
particularly on media and technology licensing, international mergers/acquisitions
and joint ventures, corporate finance, intellectual property, corporate
governance, and general corporate matters, as well as early-stage
company work. Mr. Hoppe works with startups and medium-sized companies
in the technology, media and e-commerce businesses and a variety
of other industries. A principal focus of his practice is international
transactions, and he has lived and worked for several years in
Asia and Europe.
Prior to founding Access
International, Mr. Hoppe served as International Corporate Counsel
for At Home Corporation (Excite@Home), once a major Silicon Valley
internet media and access provider, responsible for legal issues
relating to the company’s joint ventures, wholly-owned subsidiaries,
and licensees throughout the world. His experience at Excite@Home
included negotiations to establish joint ventures in the People’s
Republic of China and in Korea, as well as restructurings and other
complex legal issues relating to Excite@Home’s joint venture relationships
in Australia, Italy, Japan, The Netherlands, and the United Kingdom.
Mr. Hoppe was additionally responsible for a variety of ongoing
legal matters relating to Excite@Home’s international operations
throughout the world, including intellectual property, corporate
governance, employment issues, and commercial agreements.
Following Excite@Home’s bankruptcy filing in September 2001,
Mr. Hoppe was responsible for negotiating legal issues relating
to the sale of joint venture interests and liquidation of wholly-owned
subsidiaries in Australia, Canada, Italy, Japan (two large joint
ventures), The Netherlands, Spain, and the United Kingdom. Mr. Hoppe
also managed the sale of one domestic subsidiary, Webshots Corporation,
and was involved in two other domestic dispositions, of Excite@Home’s
Blue Mountain Arts and Matchlogic subsidiaries (Matchlogic sale
cancelled before closing as a result of market conditions).
Prior to joining
Excite@Home, Mr. Hoppe was a Senior Associate with the global law
firm of White & Case LLP, resident in the firm’s Tokyo,
Helsinki, Stockholm, and New York City offices. At White & Case,
Mr. Hoppe’s practice focused on international transactions
of various types, including cross-border securities transactions,
global public offerings, US venture capital investments by international
parties, structured financings, international mergers/acquisitions,
general corporate matters, and early-stage company representations.
While based in the Scandinavian and New York City offices of White
& Case, Mr. Hoppe managed legal issues and documentation relating
to a number of large-scale global securities offerings with US exempt
tranches. His work on behalf of international issuers included debt
and equity offerings, global initial public offerings, and representations
in two offerings of a European sovereign as selling shareholder.
Mr. Hoppe also advised on legal issues relating to several US-registered
securities transactions, including establishment of a US$1 billion
universal shelf facility under Rule 415 of the US Securities and
Exchange Commission on behalf of a Dutch multinational. He assisted
with establishment of international investment funds and with transactions
involving both US-registered and exempt funds, including the acquisition
of Bermuda-based Global Asset Management Limited by UBS AG. Mr.
Hoppe additionally advised on a variety of issues arising under
ongoing disclosure regulations of the SEC, both to US and non-US
reporting companies, as well as NASDAQ and New York Stock Exchange
listing and maintenance requirements.
While based in the Tokyo office of White & Case, Mr. Hoppe assisted
with various issues relating to US-Japan joint ventures and worked
on a significant number of tax-driven structured financings for
international clients. Mr. Hoppe’s representation of Japanese
clients continued in New York City, where he provided principal
representation of a Japanese client with a major ongoing investment
program focused on US high-technology companies. He also assisted
a Japanese early-stage company with establishment of a US holding
company structure to secure financing from US-based investors, as
well as a number of US early-stage companies with a variety of issues
relating to establishment of commercial operations.
Mr. Hoppe currently resides in San Francisco. He participates in
the Volunteer Legal Services Program of the San Francisco Bar Association
and in several other local organizations.
California State Bar, admitted 1993.
New York State Bar, admitted 2000.
J.D., Georgetown University Law Center, 1993; Publications
Editor, Law & Policy in International Business.
Research student (kenkyusei), International Christian University,
Tokyo, Japan, 1990-1991, Japanese language and culture.
B.A., summa cum laude, Loma Linda University, 1988, Business
Administration/Management.
Material Weaknesses under the US Sarbanes-Oxley Act, Presentation, IT Compliance Summit, Tokyo, Japan, February 2007.
“How do Americans Perceive Japanese in Business Negotiations?,” Japanese Chamber of Commerce of Northern California News, February 2007.
Current Issues in E-Commerce, Presentation, Hong Kong Law Society, December 2006.
Current Issues in E-Commerce, Presentation, American Chamber of Commerce in Japan, November 2006.
The First Steps to a Successful US Business: Important Issues for Japanese Companies, JETRO event, Silicon Valley, September 2006.
JASDAQ Listed Company Executive Annual Seminar, Panelist, Tokyo, Japan, September 2006 (Japanese).
What to Look for in Agreements with US Customers and Vendors, Presentation, Silicon Valley, September 2006.
Feature interview on
various issues relating
to US Sarbanes-Oxley Act, Nikkei Computer,
June 12, 2006 (Japanese).
Sarbanes-Oxley and the
Japanese Issuer: New
Challenges for International Businesses, Presentation,
Tokyo, Japan, May 2006.
"Non-Disclosure Agreements: Critical Points to Confirm Before
You Sign," Mon, April 2006 and June 2006 (Japanese).
“The US Sarbanes-Oxley
Act: Questions and Answers
for Japanese Companies
with International Business," Communications and Information
Network Association of
Japan (CIAJ) Journal, February - March 2006 (Japanese).
The M&A Alternative: Should You Consider a Company Sale Rather
than an IPO?, Presentation, Hong Kong Science & Technology
Park, November 2005.
Grokster, Keying, Spyware,
Blogs and More: Developments
in E-Commerce Law 2005, Presentation, Hong Kong
Law Society and American
Chamber of Commerce in Japan, September and November
2005.
“Reducing the Risk of
Lawsuits under US-Japan
Business Contracts," Entrepreneurs Association of Tokyo Website, August 2005.
Arbitration, Mediation
and Jurisdiction: How
to Avoid Being Sued in
the US, Presentation, Tokyo, Japan, July 2005.
“Trends in Licensing of Media and Technology – Current
Perspectives from Silicon Valley," Entrepreneurs Association of Tokyo Website, June 2005.
Critical Issues in Media and Technology Licensing: Preliminary Discussions through
Final Agreement, Presentation, iPark Silicon Valley, May 2005.
"Online Vendors Beware," J@pan Inc., April 2005.
The New International Internet Regulations: How to Expand Your Business
While Avoiding Legal Problems – Privacy, Data Security, and
E-Mail Marketing, Presentation, Tokyo, Japan, March 2005.
Taking Advantage of New Opportunities in the US Mobile and Internet Content
Markets: Important Business and Legal Issues, Presentation, Tokyo, Japan, February
2005.
Recent Changes to Laws Affecting Businesses with Online Operations: Report from Silicon Valley, Presentation,
American Chamber of Commerce in Japan and Hong Kong Law Society, November 2004.
How to Work Successfully with Lawyers: Tips From the Inside, Presentation, International Business Incubator, San Jose, California, September 2004.
International Licensing of Media and Technology: Current Perspectives from Silicon Valley, Presentation, American Chamber of Commerce in Hong Kong, American Chamber of Commerce in Japan, American Chamber of Commerce in Shanghai, and Hong Kong Law Society, November 2003.
Accessing the US Capital Markets, Presentation, Tokyo, Japan, October 1999.
Comparison of US and Japanese IPO Processes, Presentation, Tokyo, Japan, October 1999.
Reform and Resistance, East and West: Regulators Respond
to Financial Scandal in Japan and the United States, 24 Law &
Policy in International Business 181-222 (1992).
English, Japanese (proficient)
• Representative Transactions
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