Jaime I. Cheng
Senior Of Counsel
Jaime Cheng has over 18 years of advising multinational companies on their inbound investments into Taiwan and Taiwan companies on outbound investments and commercial transactions.
Ms. Cheng regularly advises multinational corporations on their data protection issues in Taiwan. In addition, she is a regular contributor to various publications on Taiwan's data protection laws, including the Taiwan Chapter of the Global Privacy and Security Law Handbook, as well as theTaiwan Chapter of Data Protection in the Financial Sector, OneTrust DataGuidance. She is a Certified Information Privacy Professional/US.
Ms. Cheng is experienced in successfully representing clients in ICC arbitrations. She is a Fellow of the Chartered Institute of Arbitrators (CIArb).
QUALIFICATION
- Admitted to the Bar 2003, California
- California Supreme Court (2003); U.S. District Court,
- Southern District of Calif., United States (2003)
FIELDS OF EXPERTISE
- Personal Data Protection
- Mergers & Acquisitions / Cross-border Investments
- Arbitration/Litigation
- Copyright
- Trademark
- Trade Secrets
- Mergers & Acquisitions
- Commerical and Intellectual Property Transactions
- International Arbitration
- Data Privacy
PREVIOUS PROJECTS AND CASES
- Commercial and Intellectual Property Transactions
- Advised a PRC die manufacturing company in negotiating supply agreements with multinational customers
- Represented a Taiwan tire manufacturer in drafting and negotiating distribution, agency, and supply agreements
- Represented a publicly listed fishing company in its acquisition of fishing line trademarks from a well-known Taiwan fishing equipment company
- Represented a non-profit organization in the drafting and negotiation of manufacturing agreements with its original equipment manufacturer of laptops
- Investments, Merger and Acquisitions
- Represented a Taiwan private equity firm in its US$200 million investment in a PRC semiconductor company
- Represented a Taiwan shareholder in the sale of his PRC furniture operations to a Japanese conglomerate for a purchase price of ~ US$15 million
- Represented a Taiwan social media company in drafting and negotiating the subscription agreement and investment agreements of its issuance of Series A shares
- Represented a measurement & analysis instrument supplier in its acquisition of intellectual property and assets from a California digital imaging lithography machine designer and manufacturer
- Represented a Taiwan shareholder in the acquisition of 51% of the equity shares of a die casting manufacturer in the PRC from her joint venture partner to become the sole shareholder
- Advised a French-based international ophthalmic optics company in several acquisitions of Taiwan companies, including drafting and negotiating master agreements, share purchase agreements, shareholders agreements, and employment/consultant agreements
- Advised a provider of spring contact probe based technologies in the acquisition of a company specialized in designing, manufacturing and assembly of products and raw materials used in the testing of semiconductors, including performing due diligence of its PRC operations in Suzhou and providing general legal advice relating to the acquisition agreement
- Represented a listed Taiwan chemical company in the US$66 million sale of its wholly-owned subsidiary to a leading global supplier of consumable materials
- Advised a private equity firm in various acquisitions, including its acquisition of a leading electronic safe solutions company, which has operations in Ningbo, PRC, including performing due diligence and providing general legal advice relating to the merger agreements
- Represented a Taiwan shareholder of a PRC air-evacuable storage bag manufacturer in the US$38 million sale of its PRC operations
- Advised a private equity firm in a proposed merger & acquisition transaction, including performing due diligence, and contract review
- International Arbitrations
- Represented a Taiwan shareholder of a PRC furniture company against HK a subsidiary of a publicly listed Japanese conglomerate with respect to the enforcement of a put option right, in which the client was awarded US$8 million
- Successfully represented a global industrial gas manufacturer in an ICC arbitration regarding a joint venture dispute in the amount of ~US$28 million
- Represented one of the world’s largest software companies in securing a favorable ICC arbitration award against a multinational electronics contract manufacturer for the enforcement of audit rights
- Represented one of the world’s largest software companies in an ICC arbitration against a Taiwan telecommunications company for the payment of license fees
- Data Privacy
- Advised a blockchain company on its privacy policy and terms of use
- Advised a global social media company regarding data protection issues
- Advised an online streaming service on its use of CCTV cameras in the workplace
- Advised a listed American multinational contract research organization on its employee background checks
- Advised global data storage company regarding its collection of employee vaccination status
- Advised a German manufacturer of high-end domestic appliances and commercial equipment on its privacy policy for and EULA for a downloadable app
- Advised a German multinational corporate manufacturer of luxury vehicles on the personal data protection issues with its connected car services
- Advised an American multinational media and online technology company on its Privacy Notices
- Advised an American media company on its use of cookies and tracking technologies on websites and consents required
PROFESSIONAL & ASSOCIATION MEMBERSHIPS
- State Bar of California
- Chartered Institute of Arbitrators Fellow
- International Association of Privacy Professionals
- American Bar Association
ORGANIZATIONS
- Co-Chair, Transparency Platform of the Global ICO Transparency Alliance, 2018 - 2020
- Vice-Chair of the Intellectual Property, Inter-Pacific Bar Association, 2012 – 2016
PUBLICATION
- Co-Author, Taiwan - Data Protection in the Financial Sector, OneTrust DataGuidance.
- Co-Author, Taiwan Chapter of The Law Reviews - The Privacy, Data Protection and Cybersecurity Law Review; Edition 8.
- Co-Author, International Arbitration 2021 Guide with Chambers Global Practice Guides, Taiwan Chapter.
- Co-Author, "Technology M&A", Getting the Deal Through, 2018 – 2021.
- Co-Author, "Taiwan Chapter", Global Privacy and Security Law Handbook.
- Co-Author, "Cryptocurrency Laws and Regulations in Taiwan", Asia Business Law Journal, July 13, 2018.
SPEAKING ENGAGEMENTS
- Moderator, "Open Source Software", 26th Annual meeting & Conference of the Inter-Pacific Bar Association, Kuala Lumpur, April 16, 2016
- Panelist, "Double Session on Big Data I + II", 25th Annual meeting & Conference of the Inter-Pacific Bar Association, Hong Kong, May 9, 2015
- Moderator, "Intellectual Property Rights: Searching for a Sustainable Balance" 24nd Annual Meeting & Conference of the Inter-Pacific Bar Association, May 8, 2014
- Moderator, "Privacy: Specific Issues", iTechLaw Asia-Pacific Conference, February 28, 2014
- Panelist, "Free Trade Agreements in Asia – What Works and What Does Not?" 22nd Annual Meeting & Conference of the Inter-Pacific Bar Association, May 3, 2012
EXPERIENCE
- Senior Of Counsel /Associate Partner /Senior Associate /Associate, Lee, Tsai & Partners (2004- current)
- Associate, McDermott & McNamara, LLP, Los Angeles, CA (2004)
- Law Clerk, Law Offices of Roger C. Hsu, Pasadena, CA (2002-2004)
- Law Clerk, State Bar of California, Los Angeles, CA (2001-2002)
EDUCATION
- Loyola Law School, Los Angeles (J.D.)
- National Taiwan University (MBA)
- University of California – San Diego (B.S.)
LANGUAGES
English and Mandarin