David Patrick Eich
Overview
David Patrick Eich is a founding partner of the Asia offices of Kirkland & Ellis. Resident in Hong Kong, he helps lead the Firm’s global private equity practice in Asia, representing financial and strategic sponsors and their affiliates in multi-jurisdictional leveraged buyouts and acquisitions, growth equity investments, joint ventures, fund formations and other complex private equity and corporate transactions.
Qualified in the U.S. as an attorney and in the U.K. and Hong Kong as a solicitor (he is also a registered foreign lawyer in Germany), David has closed many deals around the world from his offices in Chicago, London, Munich and Hong Kong since 1994.
David has represented in Asia, among many other financial sponsors, Advantage Partners, Apollo Group, Bain Capital, Blue Point Capital Partners, Cartesian Capital Group, Golden Gate Capital, GTCR Golder Rauner, KKR, Limetree Capital Partners, Oaktree Capital Management, Paul Capital Partners, Sequoia Capital, Silver Lake Partners and Silver Lake Sumeru.
Over the last decade, David has regularly been recognized by the leading directories and publications in Asia and Europe as a top private equity lawyer:
In 2015, David was recognized as a leading M&A lawyer by Who’s Who Legal: Corporate—M&A and Governance.
In 2014, for the second consecutive year, David was ranked as a band one private equity lawyer by Chambers Asia-Pacific which notes that he has an “enviable portfolio of funds clients,” and he “knows his stuff.”
In 2013, David was ranked as a band one private equity lawyer by Chambers Asia-Pacific which described him as a “supreme attorney who belongs at the top of the list.”
In 2012, David was recognized by The Lawyer as one of the “Hot 100” lawyers, one of four in Asia. Kirkland was named “Private Equity Law Firm of the Year in Hong Kong” in the 2012 Legal Awards by Corporate INTL Magazine.
In 2011, China Business Law Journal recognized two deals in which David was involved as 2011 Deals of the Year, namely Bain Capital’s going private of China Fire (in Private Equity and Venture Capital) and Koor’s sale of Makhteshim Agan (in China Outbound M&A). In addition, David was recognized as one of the “50 Best Lawyers in Hong Kong” by Corporate INTL in 2011.
In 2011, IFLR1000 2011 named David a “Leading Individual Lawyer” in Hong Kong, noting that “[o]ne reason for client retention is the experienced and relevant advice that star partner and rainmaker David Patrick Eich offers on complex buyouts under novel situations…‘David has been an excellent counsel on many deals,’ says a large private equity client…‘He has a very balanced approach, is very commercially savvy and will run through walls to meet the client’s needs.’”
In addition, IFLR1000 2010 noted that “Kirkland & Ellis has one of the most promising outlooks in private equity among the stacks of US firms that entered the Greater China market in the last few years...[working] with more than 50 private equity and asset management firms in the region.”
In 2010, Chambers again named David a “Leading Individual” in each of Private Equity (China/Hong Kong) and Investment Funds (Hong Kong), noting that he “has tremendous experience in representing private equity clients across three continents” and is “highly intelligent and well rounded, with broad knowledge of many different areas, and very good at getting to the crux of the issue quickly.”
In 2009, Chambers named David a “Leading Individual” in Hong Kong in each of “Private Equity: Buyouts” and “Investment Funds,” noting that clients praise David and the Kirkland Hong Kong team for “valuable local perspective and quality global funds advice” delivered by “responsive lawyers” with a “can-do attitude and business-savvy approach.”
The Legal 500 noted in 2009 that, led by David, Kirkland “has drawn on its international reputation in this sector to form a private equity-focused Hong Kong office.”
In 2008, The Legal 500 noted that, led by David, Kirkland “has brought its world-leading private equity practice to Hong Kong.” The Chambers & Partners Asia Guide in 2008 cited David and the Firm’s private equity fund formation practice in Hong Kong as “the one to watch” and “set to become a major investment player in the region.”
In 2008, Asia Legal Business recognized a Kirkland team including David in the Southeast Asia Law Awards for the “Singapore Deal of the Year” and the “Singapore M&A Deal of the Year” in connection with the $2.3 billion going-private transaction of Kirkland’s client dual-listed STATS ChipPAC Ltd. in 2007.
The Lawyer named Kirkland “International Law Firm of the Year” in July 2007.
Asian-Counsel recognized a Kirkland team including David for “Deal of the Year 2006” for its work on the $2.1 billion takeover of OYL Industries Berhad, a Malaysian public company, by Daikin Industries Ltd., Japan.
David was named one of the “Hot 100” lawyers in 2005 by The Lawyer.
David was also recognized by Legal Business as one of five private equity lawyers in the “Finest 50 Rainmakers of 2004.”
David has been an Adjunct Professor and a member of the Lawyer Advisory Committee of the School of Transnational Law at Peking University in Shenzhen, China. He was a founding sponsor of the Tsinghua University China Center of Financial Research Private Equity and Venture Capital Institute in Beijing, China, and has been a member of its Executive Committee; he was also a founding sponsor of the London Business School Private Equity Institute, which became the Coller Institute of Private Equity, in London, England.
David has written and spoken about private equity widely, including in annual lectures to classes in the London Business School M.B.A. program and as a member of the Adjunct Faculty at the School of Law, University of California, Berkeley, where he taught “Fundamentals of Leveraged Buyouts” (with Stephen Oetgen, General Counsel of Golden Gate Capital Partners) from 2008–2013. He also has been a lecturer on Asian private equity and Chinese M&A at the Berkeley Center for Law, Business and the Economy.
Prior to his work in Asia, David was involved in establishing the Firm’s offices in London and Munich, now known for their strength in European and global private equity transactions. He returned to London from 2014–2017 to continue to expand the Firm’s private equity practice in Europe.
On a leave of absence from Kirkland, David was Deputy District Attorney of Outagamie County, Wisconsin, from 1999–2000; he was a Public Service Special Prosecutor there from 2000–2001.
David began his career with Kirkland in Chicago in 1994 after completing a two-year federal district court clerkship for the Hon. Robert W. Warren, Senior United States District Judge (Eastern District of Wisconsin).
David graduated with an A.B., magna cum laude, in Government, from Harvard College in 1988, and with a J.D., Honors, Parker Program in International Law, from Columbia Law School in 1992.
Experience
Representative Matters
Bain Capital on its leveraged buy-out of VXI Global Solutions, a leading provider of Business Process Outsourcing services to businesses around the world, from the Carlyle Group
Bain Capital in connection with its acquisition of Xiamen Qinhuai Technology Company Limited (ChinData), a leading operator of hyperscale data centers in China, from Wangsu Science & Technology Co. Ltd., as well as in connection with the combination of ChinData with Bain Capital’s existing Bridge Data Centres platform
Comprehensive financial restructuring of Jack Wolfskin, one of Europe’s leading outdoor apparel brands, by Bain Capital Credit, HIG/Bayside Capital and CQS (the coordinating committee of first lien lenders)
Represented the Special Committee of the Board of Directors of NYSE-listed Nord Anglia Education Inc., a leading global premium schools organization, in connection with its US$ 4.3 billion acquisition by a consortium led by funds affiliated with Canada Pension Plan Investment Board and Baring Private Equity Asia. The transaction was named PE Deal of the Year by The Asia Legal Awards 2018
Acquisition (undisclosed consideration) by Klockner Pentaplast, a global leader in packaging solutions, of LINPAC, creating a global leader in the rigid and flexible film market with combined annual revenues exceeding US$2 billion
Acquisition (undisclosed consideration) by Bain Capital Private Equity of Fintyre, a leading Italian tyre wholesaler
US$1.275 billion sale by Bain Capital of FCI Asia Pte Ltd to Amphenol Corporation
Acquisition (undisclosed consideration) by SC Johnson of Deb Group, a UK-headquartered global industrial company focused on hygiene and skin care systems for the industrial, commercial, healthcare and food markets, from Charterhouse Capital Partners
US$265 million leveraged buyout and going private by Bain Capital of Nasdaq-listed China Fire & Security Group, Inc., a leading Chinese fire protection industry company
US$2.4 billion sale by Koor Industries of Makhteshim Agan Industries, the world’s largest maker of generic agricultural chemicals, to China National Chemical Corporation
Acquisition (undisclosed consideration) by Silver Lake Partners of Nobao Renewable Energy, a leading Chinese clean technology company
Acquisition (undisclosed consideration) by Bain Capital of ASIMCO Technologies Limited, the largest independent producer of diesel engine components in China, from Key Principal Partners
US$124 million acquisition by Silver Lake Partners of Allyes Online Media Holdings, a leading Chinese digital media company, from Focus Media Holding Limited
Investment (undisclosed consideration) by Accel Partners in Atlassian, an Australian-based global leader in product development software tools
Consortium equity investment by Oaktree Capital Management in a private Chinese mining company (undisclosed consideration)
US$439 million convertible bond and rights offering equity investment by Bain Capital in Hong Kong-listed GOME Electrical Appliances Holdings Limited, the largest consumer electronics retailer in China
Sale (undisclosed consideration) by American Standard Bath & Kitchen on its sale of Asian assets to INAX Corp.
Secondary and stapled primary purchase of limited partnership interests (undisclosed consideration) by Paul Capital from an Asian private equity fund
Leveraged buyout of GST Autoleather by Advantage Partners (undisclosed consideration)
Consortium equity investment by Credit Suisse Private Equity Asia in a public Japan financial institution (undisclosed consideration)
Multiple equity investments by MKW Capital Partners in various private Macau media, technology and transportation companies (undisclosed consideration)
Consortium equity investment by Oaktree Capital Management in a private Chinese technology company (undisclosed consideration)
US$1.7 billion leveraged buyout by Bain Capital of the global bath and kitchen business of American Standard
US$2.3 billion take private of Singapore-listed STATS ChipPac by Temasek
US$10.2 billion leveraged buyout by Kohlberg Kravis Roberts & Co., Silver Lake Partners, Alpinvest, Bain Capital and Apax Partners of the Semiconductors Group of Koninklijke Philips Electronics N.V.
US$3.0 billion leveraged buyout by Bain Capital of the Sensors and Controls Division of Texas Instruments
US$975 million acquisition by affiliates of GTCR of the claims services group of ADP, Inc.
US$545 million leveraged buyout by Advent International and Bain Capital of the Boart Longyear global drilling services business
US$7.4 billion leveraged buyout and going private by Kohlberg Kravis Roberts & Co., Vornado Realty Trust and Bain Capital of global toy retailer Toys R Us
£115 million leveraged buyout of The Hillarys Group Limited, the largest residential blinds business in the U.K., by Change Capital Partners
€1.4 billion leveraged buyout by Bain Capital of the global chemicals distribution business Brenntag AG and global steel distribution business Interfer AG from Deutsche Bahn
US$400 million leveraged recapitalization by a consortium of Ares Management, Bain Capital and Ontario Teachers’ Pension Plan of over-the-counter traded global luggage manufacturer Samsonite Corporation
Clerk & Government Experience
Public Service Special ProsecutorOutagamie County, Wisconsin2000–2001
Deputy District AttorneyOutagamie County, Wisconsin1999–2000
Law ClerkSenior U.S. District Judge, Honorable Robert W. WarrenUnited States District Court for the Eastern District of Wisconsin1992–1994
More
Thought Leadership
Seminars
Moderator, “Recent Trends in Private Equity Transactions,” International Bar Association Asia Pacific Mergers and Acquisitions Conference, Hong Kong, November 3, 2017 (pending)
Panelist, “European Private Equity: Where Do We Stand and What is in the Cards?” 4th International Bar Association European Corporate and Private M&A Conference, Paris, France, February 11–12, 2016
Panelist, “Private Equity in Early Stage Startups,” Corporate and M&A Law Committee of the Legal Practice Division, International Bar Association Annual Conference, Vienna, Austria, October 7, 2015
Moderator, “Show Me the Money: Key Governance Issues in Executive Compensation,” 2nd Annual International Bar Association Corporate Governance Conference, London, England, March 20, 2015
Panelist, “Exits,” Corporate & M&A Law Committee of the Legal Practice Division, International Bar Association Annual Private Equity Transactions Symposium, London, England, November 20, 2014
Panelist, “Key risks in cross-border M&A deals,” Corporate & M&A Law Committee of the Legal Practice Division, International Bar Association Conference The Changing Landscape of Corporate M&A in India, Mumbai, India, March 21, 2014
Panelist, “Exits,” Corporate & M&A Law Committee of the Legal Practice Division, International Bar Association Annual Private Equity Transactions Symposium, London, England, November 14, 2013
Moderator, “Recent Developments in Private Equity,” Corporate & M&A Law Committee of the Legal Practice Division, International Bar Association Annual Private Equity Conference, Boston, U.S.A, October 11, 2013
Adjunct Professor, “Fundamentals of Leveraged Buyouts,” School of Law, University of California at Berkeley, Berkeley, California, U.S.A., Fall Semester 2013 (with Stephen Oetgen)
Speaker, “Regulatory Issues Affecting Private Equity Investors in the PRC,” Securities and Futures Commission, Hong Kong, May 29, 2013
Speaker, “Transaction Documentation,” Hong Kong Venture Capital and Private Equity Association, Hong Kong, March 5, 2013
Panelist, “The Evolution of the China Opportunity,” Association for Cooperate Growth, Chicago, U.S.A, February 20, 2013
Moderator, “Themes from Emerging Markets,” Private Equity Subcommittee of the Corporate and M&A Law Committee of the Legal Practice Division, International Bar Association Private Equity Transactions Symposium 2012, London, England, November 15, 2012
Moderator, “Private Equity and Private M&A Today” and “Top M&A Issues for the General Counsel,” Corporate and M&A Law Committee of the Legal Practice Division, International Bar Association Asia Pacific Mergers and Acquisitions Conference, Hong Kong S.A.R., People’s Republic of China, November 5–6, 2012
Moderator, “Private Equity,” Corporate and M&A Law Committee of the Legal Practice Division, International Bar Association Annual Conference, Dublin, Ireland, October 2, 2012
Speaker, “Private Equity Investments in China,” Client Seminar by Kirkland & Ellis, “Going Global: Legal Challenges and Strategies for Taiwanese Businesses,” Taipei, Taiwan, July 20, 2012
Speaker, “Private Equity Investments in China,” Client Seminar by Kirkland & Ellis, “Going Global: Legal Challenges and Strategies for Taiwanese Businesses,” Hsinchu, Taiwan, July 19, 2012
Moderator, “Emerging Markets: Themes from Asia and Latin America,” Corporate and M&A Law Committee of the Legal Practice Division, International Bar Association Private Equity Transactions Symposium 2011, London, England, December 1, 2011
Moderator, “Recent Trends in Private Equity,” Corporate and M&A Law Committee of the Legal Practice Division, International Bar Association Annual Conference, Dubai, United Arab Emirates, November 4, 2011
Adjunct Professor, “Fundamentals of Leveraged Buyouts,” School of Law, University of California at Berkeley, Berkeley, California, U.S.A., Fall Semester 2011 (with Stephen Oetgen)
Panelist, “Current Issues in China-related Merger’s Acquisition Transactions” and “Private Equity activity in China,” Vanderbilt University Law School Law & Business Program, An Academic and Practitioners’ Law Conference addressing Current Issues affecting International Business Activity, Beijing, People’s Republic of China, May 20–21, 2011
Speaker, “Best Face Forward: How to Seek a Job at an International Law Firm,” Dean’s Forum, Peking University School of Transnational Law, Shenzhen S.E.Z., People’s Republic of China, April 26, 2011
Panelist, “Recent Developments in Asian Private Equity,” Corporate & M&A Law Committee of the Legal Practice Division, International Bar Association Annual Private Equity Conference, London, England, November 30, 2010
Panelist, “Regional acquisition, merger and investment developments: Sector-specific issues and opportunities in Asia today,” Corporate & M&A Law Committee of the Legal Practice Division, International Bar Association Asia Pacific Forum’s Regional Conference, Tokyo, Japan, November 18, 2010
Panelist, “Dissecting the Deal,” Corporate & M&A Law Committee of the Legal Practice Division, International Bar Association Annual Conference, Vancouver, Canada, October 2, 2010
Adjunct Professor, “Transnational Practice,” School of Transnational Law at Peking University, Shenzhen S.E.Z., People’s Republic of China, Fall Semester 2010 (with Douglas Levene)
Adjunct Professor, “Fundamentals of Leveraged Buyouts,” School of Law, University of California at Berkeley, Berkeley, California, U.S.A., Fall Semester 2010 (with Stephen Oetgen)
Speaker, “Emerging Issues in M&A by Outbound Chinese Investors,” Tsinghua University China Center for Financial Research Private Equity and Venture Capital Institute, Tsinghua University, Beijing, People’s Republic of China, May 14, 2010
Panelist, “First Tsinghua-Cerberus PE Forum: Global M&A Case Analyses and Implications for China’s Outbound Investment,” Tsinghua University China Center of Financial Research Private Equity and Venture Capital Institute, Tsinghua University, Beijing, People’s Republic of China, December 12, 2009
Speaker, “The Dragon Stirs: Key Developments Affecting Private Equity in China,” Bó Lè Associates Executive Luncheon, Hong Kong S.A.R., December 8, 2009
Panelist, “Emerging Issues in Cross-border Acquisitions,” Joint-Client Seminar by Kirkland & Ellis and Mori Hamada & Matsumoto, Tokyo, Japan, December 1, 2009
Lecturer, “Thinking Out of the Bowl: Key Issues in China Transactions,” Kirkland Institute of Transnational Transactional Training, Munich, Germany, March 26, 2009
Speaker, “Enter the Dragon,” The Rise of Private Equity in China, Hong Kong Information Session of the Tsinghua SEM-INSEAD Dual Degree EMBA Program, Hong Kong S.A.R., September 16, 2009
Lecturer, “Thinking Out of the Bowl: Key Issues in China Transactions,” Kirkland Institute of Corporate Practice, New York, New York, U.S.A., May 5, 2009
Lecturer, “Thinking Out of the Bowl: Key Issues in China Transactions,” Kirkland Institute of Transnational Transactional Training, London, England, March 24, 2009
Panelist, “Update on Regulation Affecting M&A in China,” Asia M&A Forum 2009: Opportunities in Distress, Hong Kong S.A.R., March 4, 2009
Lecturer, “Thinking Out of the Bowl: Key Issues in China Transactions,” Kirkland Institute of Corporate Practice,Chicago, Illinois, U.S.A., February 3, 2009
Panelist, “Structuring for Exit on Day One: Lessons from Private Equity,” Corporate & M&A Law Committee of the Legal Practice Division, International Bar Association Annual Conference, Buenos Aires, Argentina, October 13, 2008
Moderator, “Key Developments in Corporate Governance and Other Laws in Greater China and Asia Pacific Countries Affecting Private Equity Investors,” Joint Session of the Asia Pacific Forum and the Private Equity Subcommittee of the Corporate & M&A Law Committee of the Legal Practice Division, International Bar Association Annual Conference, Buenos Aires, Argentina, October 13, 2008
Adjunct Professor, “Fundamentals of Leveraged Buyouts,” School of Law, University of California at Berkeley, Berkeley, California, U.S.A., Fall Semester 2008 (with Stephen Oetgen)
Moderator, “Developments in Private Equity-Backed M&A in Asia,” Malaysian Investment Banking Association 2nd Annual M&A Conference, Kuala Lumpur, Malaysia, August 26, 2008
Speaker, “Amplifying Entrepreneurship: The Power of Private Equity,” Inaugural Workshop of the Tsinghua University Private Equity Institute, Beijing, People’s Republic of China, April 17, 2008 (with Chuan Li)
Moderator, “An Introduction to Private Equity in China,” Inaugural Workshop of the Tsinghua University Private Equity Institute, Beijing, People’s Republic of China, April 17, 2008 (with Chuan Li)
Moderator, “Comparative Analysis of Judicial and Regulatory Reaction to Some Aspects of Private Equity Transactions,” Private Equity: The Subprime Crisis and Beyond, a conference of the International Bar Association Business Organizations Committee and the Business Law Section of the Law Council of Australia, Sydney, Australia, April 8, 2008
Moderator, “Developments in Private Equity-Backed M&A in Asia,” Inter-Pacific Bar Association M&A Forum, Hong Kong S.A.R., March 6, 2008
Moderator, “Investing in China,” 14th Annual Venture Capital and Private Equity Conference, Harvard Business School, Cambridge, Massachusetts, U.S.A., February 2, 2008
Lecturer, “Private Equity in the Wild East: The Challenges of China,” lecture to Professor Anthony Zaloom’s “Law and Investment in China” class in the J.D. program, University of California, Berkeley, School of Law - Boalt Hall, Berkeley, California, U.S.A., November 27, 2007
Lecturer, “Fusion M&A: Entrepreneurialism and Private Equity in Asia” lecture to the Berkeley Center for Law, Business and Economy, University of California, Berkeley, School of Law - Boalt Hall, November 27, 2007
Panelist, “Club Deals: Legal, Ethical and Practical Issues When Representing a Private Equity Consortium,” International Bar Association Annual Conference, Singapore, October 15, 2007
Moderator, “Getting to Success: Alternatives and Options for Doing Business in Asia,” Asian Venture Capital Journal Asian Venture Forum, Chicago, Illinois, U.S.A., June 5, 2007
Lecturer, “Documenting the PE Deal in 2007: The Paradigm Goes Global,” lecture to London Business School M.B.A. program, London, England, March 20, 2007 (with Siyamak Pakbaz)
Panelist, “Wild West Meets Wild East: Alternative Investments in China,” New York State Bar Association International Section Annual Meeting, Shanghai, People’s Republic of China, October 20, 2006
Moderator, “China: Bridge to a New Global Private Equity and Venture Model,” Asian Venture Capital Journal Asian Venture Forum, Beijing, People’s Republic of China, June 28, 2006
Lecturer, “Wake Up and Smell the Café au Lait: An Introduction to the Wonderful World of European LBOs for U.S. Attorneys,” Kirkland Institute of Corporate Practice, Chicago, Illinois, U.S.A., May 17, 2006
Moderator, “Accessing Asian Markets Through Buyouts and M&A,” Tailoring an Asian Strategy to Suit Global Markets, Asian Venture Capital Journal Asian Venture Forum, Chicago, Illinois, U.S.A., May 16, 2006
Lecturer, “Global Private Equity,” lectures to London Business School M.B.A. program, London, England, March, 2006
Panelist, “The Beneficial Social and Economic Impacts of Private Equity: Perception or Reality?” London Business School Private Equity Institute Global Forum 2005, London, England, December 8, 2005
Lecturer, “Private Equity in Europe,” University of Munich Student Program, Munich, Germany, November 11, 2005
Delegate and Panelist, Young Leaders Program, American Council on Germany, Munich and Berlin, Germany, August 26–September 2, 2005
Lecturer, “Shareholder Agreements and Other Complex Equity Arrangements,” Kirkland Institute of Transnational Transactional Training, London, England, June, 2005
Lecturer, “Real World Issues in Pan-European LBOs,” London Business School M.B.A. program, London, England, February 17, 2005
Lecturer, “Key Purchase Agreement Issues in Transnational LBOs,” Kirkland Institute of Transnational Transactional Training, London, England, April 5, 2004
Lecturer, “Documenting the Private Equity Deal: A Lawyer’s View from 41,000 Feet,” lectures to London Business School M.B.A. program, London, England, March 4, 2004
Speaker, “Examining Different Types of Private Equity,” Essential Legal Issues in Private Equity & Venture Capital, Euromoney Legal Training Conference, London, England, November, 2000
Lecturer, “Formation of a U.S. Corporation,” Kirkland Institute of Corporate Practice, London, England, July, 2000
Lecturer, “LBO Letters of Intent,” Kirkland Institute of Corporate Practice, London, England, May, 1999
Books
Author, “Investing: China” chapter, The Private Equity Review Third Edition, (Kirk August Radke, editor), 2014 (with Pierre-Luc Arsenault, Stephanie Tang and Jesse Sheley)
Author, “Investing: China” chapter, The Private Equity Review Second Edition, (Kirk August Radke, editor), 2013 (with Pierre-Luc Arsenault, Stephanie Tang and Jesse Sheley)
Author, “Investing: China” chapter, The Private Equity Review (Kirk August Radke, editor), 2012 (with Pierre-Luc Arsenault and Jesse Sheley)
Author, “Volksrepublic China” chapter, Rechtsleitfaden für die Management-Praxis, Governance International (Rüdiger Theiselmann, Hrsg.), 2011 (with Jan Schinköth, Pierre Arsenault and Cynthia Wang)
Author, “People’s Republic of China” chapter, Rights of Shareholders in Listed and Non-Listed Companies, The European Lawyer Reference Series (Alessandro Varrenti and Fernando De Las Cuevas, editors), 2010 (with Chuanjie Zhou, XY Li, Mark Horvick, Jing Li and Daniel Wang)
Author, “Hong Kong” chapter, Rights of Shareholders in Listed and Non-Listed Companies, The European Lawyer Reference Series (Alessandro Varrenti and Fernando De Las Cuevas, editors), 2010 (with John Richardson, Alexander Que and Pierre Arsenault)
Author, “Private Equity M&A in China,” Inside the Minds: Best Practices for Mergers & Acquisitions in China: Leading Lawyers on Understanding Changing Laws and Trends, Navigating the Review and Approval Process and Identifying the Key Steps in a Successful M&A Transaction, Thomson Reuters/Aspatore, 2008
Author, “The Evolution of Entrepreneurialism: An Introduction to Private Equity,” Private Equity, Does China Need It?, Economy and Management Publishing House, April 2007 (with Chuan Li and Jesse Sheley)
Author, “The Limits of Limited Liability: How Key Jurisdictions Differ,” Structuring European Private Equity, Euromoney Institutional Investor (Iggy Bassi and Jeremy Grant, editors), May 2006 (with Matthew H. Hurlock)
Articles
Author, “RMB Funds—An Emerging Opportunity,” Kirkland Private Equity Newsletter, August 30, 2010 (with Justin Dolling and Carol G. Liu)
Author, “New China Rule Allows Onshore Acquisition Financing,” Kirkland Private Equity Newsletter, February 2009 (with Chuan Li and Xiaoyang “XY” Li)
Author, “Shanghai Moves to Ease Foreign Investment,” Kirkland Private Equity Newsletter, August 22, 2008 (with Jun Zhao and Jing Li)
Author, “China’s New Antitrust Law Puts New Burdens on Companies Doing Business in China,” Kirkland Private Equity Newsletter, August 22, 2008, and Kirkland & Ellis LLP Alert, August 2008 (with Mark L. Kovner, Micah N. Hildebrand and Chuan Li)
Author, “Changes in real estate law ease constraints on foreign investors,” Financial Times, April 25, 2007 (with Stephen Tomlinson)
Author, “China Oks Equity Incentives for Managers,” Buyouts, March 5, 2007 (with Chuan Li and Camden Hutchison)
Author, “Changes in Luxembourg Corporate Law: Impact on Private Equity Investors in Europe,” Kirkland Private Equity Newsletter, January 9, 2007 (with Erik Dahl and Michel Debolt)
Author, “Private Equity Investments in China: Impact of Recent Legal Reforms,” Venture Capital Review, Winter 2007 (with Chuan Li)
Author, “Moving Target: A guide to recent Chinese M&A and private equity reform,” International Financial Law Review, October 2006 (with Tai Hsia and Chuan Li)
Author, “New Rules for Chinese Company M&A Transactions Involving Foreign Investors,” Kirkland Private Equity Newsletter, September 1, 2006 (with Chuan Li and Tai Hsia)
Author, “1,200 New Targets: China’s New Foreign Strategic Investments Rules,” Kirkland Private Equity Newsletter, May 16, 2006 (with James Yong Wang)
Author, “European LBOs: Key Issues for U.S. Sponsors,” The Venture Capital Review, Fall 2001 (with Stuart L. Mills and James L. Learner)
Press Coverage
“Jack Wolfskin: Schuldenschnitt und neue Eigentümer mit Kirkland und Freshfields,” JUVE, July 13, 2017
“Debt-Equity-Swap für Jack Wolfskin,” Legal Tribune Online, July 13, 2017
“K&E, Latham on $1.275bln sale of SG-based connector producer to Amphenol,” Asian Legal Business, January 14, 2016
“Kirkland hires Linklater’s finance star in Hong Kong,” LegalWeek, September 2, 2015
“Hot 100 alumni: David Eich, Kirkland & Ellis,” The Lawyer, July 5, 2015
“Kirkland & Ellis to relocate third Hong Kong partner to London this summer,” LegalWeek, July 6, 2014
“Exclusive: Kirkland & Ellis Asia private equity head to relocate to London,” LegalWeek, June 8 , 2014
“Kirkland adds M&A partner in Hong Kong with Paul Weiss hire,” Law Firms in the News, January 24, 2013
“Kirkland & Ellis adds Chinese PE lawyer to HK office,” Asian Venture Capital Journal, January 24, 2013
“PE lawyer Frank Sun rejoins Kirkland Ellis in Hong Kong” Alta Assets, January 24, 2013
“Asia lawyers forecast market upturn after landmark leadership changeover in China,” Legal Week, November 30, 2012
“The US invasion: Competition rises among Asia PE legal counsel,” Asian Venture Capital Journal, July 25, 2012
“Hong Kong: Coming out on its own,” legalweek.com, July 6, 2012
“Kirkland eyes greater ties with China’s Jun He as Shanghai partner joins PRC firm,” The Lawyer, December 7, 2011
“Kirkland Partner Returns to Jun He,” The Asian Lawyer, December 5, 2011
“The Great Gamble,” IBA Global Insight, December 2011
“Talent migrates from UK firms in HK for Yankee dollars,” The Lawyer, October 10, 2011
“Battle royale – the tussle for global dominance shifts eastward,” legalweek.com, September 15, 2011
“Will Kirkland’s Asia Gamble Pay Off?,” The Asian Lawyer, August 16, 2011
“Kirkland & Ellis Boosts HK Office with Multiple Partner Hires,” Finance Asia, August 11, 2011
“Kirkland Raids 3 Firms in Push for Asian Transactions,” Law360, August 10, 2011
“Kirkland & Ellis Expands in Asia,” Private Equity Asia, August 10, 2011
“Kirkland adds eight partners in HK with Skadden, Latham and A&O hires,” Legal Week News, August 10, 2011
“Kirkland Bolsters Hong Kong Office,” The Asian Lawyer, August 9, 2011
“Kirkland Grabs Skadden, Latham, A&O Partners for Hong Kong Push,” The Asian Lawyer, August 9, 2011
“Kirkland & Ellis Adds Transnational Tax Lawyer in Hong Kong,” Asia Chronicles, July 19, 2011
“Han Kun, DLA, Davis Polk, Shearman advise on Bain Capital-China Fire takeover,” ALB Legal News, June 14, 2011
“Kirkland & Ellis Advises Bain Capital on China Fire Take-Private,” The Asian Lawyer, May 26, 2011
“Playing Asia’s PE field,” Asian Venture Capital Journal, May 10, 2011
“Asia pacific fund terms to fore in tough times,” Asian Venture Capital Journal, April 20, 2011
“Kirkland, Simpson lead on $2.4 Billion Agrichemicals Deal,” The AmLaw Daily, January 11, 2011
“China reshapes the world?” Asian Venture Capital Journal, September 14, 2010
“Private Equity Established $5.88 Billion in Yuan Funds in China,” Bloomberg Businessweek, September 13, 2010“Promoting Enterprise-Led Innovation in China,” Chunlin Zhang, et al., Directions in Development: Countries and Regions, The International Bank of Reconstruction and Development / The World Bank, April 22, 2009
“Asian newcomers size up an uncertain market,” legalweek.com, January 22, 2009
“Letter from Asia: Newcomers Confront Changing Reality,” The Am Law Daily, January 14, 2009
“Kirkland adds three to Asia private equity practice: Expertise in China M&A, fundraising, investments,” Asian Venture Capital Journal, December 9, 2008
“Kirkland remains bullish on private equity,” Finance Asia, December 1, 2008
“Lawyers Wanted: Abroad, That Is,” The New York Times, November 23, 2008
“The Southeast Asia Report,” Inside Counsel, November 1, 2008
“Focus: Asian Hedge Funds See Opportunities In Distressed Debt,” Dow Jones Newswires, October 29, 2008
“Private Equity Turns to China Amid Slowdown in US, Europe,” Dow Jones Newswires, August 29, 2008
“Mezzanine Funds See Opportunity in Asian Funding Gap,” Dow Jones International News, June 30, 2008
“Am Law Firms Contribute to China’s Earthquake Relief,” The American Lawyer, June 2, 2008
“The East is Red, White and Blue: American firms are striking gold across Asia but find there is no single model for success,” Asian Legal Business, May 2008
“The Costs of Perceived Hypocrisy: The Impact of U.S. Treatment of Foreign Acquisitions of Domestic Enterprises,” Destiny Duron Deas, Duke Law Journal, 57 Duke L.J. 1795, April 2008
“Beijing roundtable shows state of play in PRC VC/PE,” Asian Venture Capital Journal, March 10, 2008
“China’s New Regulation on Foreign M&A: Green Light or Red Flag?” Hui Huang, University of New South Wales Law Journal, Volume 30(3), 2007
“Japan is holding fast,” Investment Dealers’ Digest, November 26, 2007
“China takes on private equity at their own game,” Reuters, November 22, 2007
“Digital China Buyout Cleared,” South China Morning Post, November 1, 2007
“Credit Crunch may hit chips,” The Wall Street Journal, September 3, 2007
“Deal Diary,” The Deal, September 2007
“China’s $3 billion Blackstone commitment shows new stance on private equity: Entire buyout sector likely to benefit,” Private Equity Asia, July 2007
“US companies and Asia: Private equity’s bridge to the heartland: Funds supporting Midwestern industry’s globalization,” Private Equity Asia, July 2007
“Tsinghua launches Private Equity Institute with Kirkland: Joint project to foster expertise and understanding,” Private Equity Asia, July 2007
“Tap the Private Equity Pros,” Asian Legal Business, May 31, 2007
“Deals and Deal Makers: China’s push for a payday-stake in Blackstone shows focus on profit rather than safety,” The Wall Street Journal Asia, May 22, 2007
“US Companies and Asia: Private Equity’s Bridge to the Heartland,” Asian Venture Capital Journal, May 21, 2007
“China-Focused Private Equity Firms Look to Stocks,” The Wall Street Journal, August 4, 2010
“New private equity regulation: industry crisis averted or postponed?” Asian Venture Capital Journal, August 4, 2010
“Investors Run into Trouble with Chinese Deals,” The Wall Street Journal, July 12, 2010
“Shanghai Opens Doors to Financial World,” The New York Times, February 24, 2010
“Private equity: growth accelerator,” ALB Legal News, December 3, 2009
“Kirkland & Ellis launches in Shanghai,” The Lawyer, September 1, 2009
“Kirkland prepares to open Shanghai office,” The National Law Journal, August 31, 2009
“Bain GOME deal taps China consumer strength,” Asian Venture Capital Journal, June 30, 2009
“Kirkland and Sidley take charge of Bain finance deal,” The Lawyer, June 15, 2009
“Asian Distressed Funds Await Investment Opportunities,” Dow Jones International News, May 8, 2009
“Tsinghua Launches Private Equity Institute with Kirkland & Ellis,” Asian Venture Capital Journal, May 21, 2007
“Kirkland & Ellis Moves to Warm Private Equity ‘Cold Spots,’” Asian Legal Business, May 21, 2007
“Tsinghua University to set up private equity research institute,” China Knowledge.com, May 17, 2007
“Top university to cater for private equity research,” South China Morning Post, May 16, 2007
“China’s first private equity institute,” International Financial Law Review, May 16, 2007
“Academics lead the charge for Chinese private equity,” PrivateEquityOnline, May 16, 2007
“Client needs drive firm expansions on road to China,” Chicago Lawyer, April 2007
“Top League Lawyers for Asian Private Equity,” Asian Venture Capital Journal, April 16, 2007
“Buying small is beautiful for private equity,” Financial Times, March 19, 2007
“China: Protectionist? Or just picky?” The Deal, March 19, 2007
“Appointments,” South China Morning Post, February 5, 2007
“Kirkland poaches three, opens HK office,” Private Equity Manager, February 2007
“Riding the LBO Shuttle,” The Deal, January 29, 2007
“Kirkland opens in Hong Kong,” Project Finance International, January 24, 2007
“Midwest firms staking out their patch of China: From IP to general law, firms following clients,” The National Law Journal, January 22, 2007
“US firms pile into Asia,” The Lawyer.com, January 22, 2007
“Asian buyout market attracts top law firm,” The International Herald Tribune, January 17, 2007
“Law firm chases the money to the East,” ShanghaiDaily.com, January 17, 2007
“Kirkland opens office, staffs up, eyes real estate,” Asian Venture Capital Journal, January 15, 2007
“International Law Firm Kirkland & Ellis LLP Opens a New Office in Hong Kong,” Asian Venture Capital Journal, January 15, 2007
“Kirkland Seeks Asia Expansion as Buyout Market Surges,” Bloomberg News, January 15, 2007
“China buyouts: Still early days,” Asian Venture Capital Journal, January 15, 2007
“Kirkland & Ellis has opened an office in Hong Kong,” www.themayreport.com, January 15, 2007
“Kirkland sets private equity shop in Hong Kong,” Judged News (www.lawcrossing.com), January 12, 2007
“Kirkand & Ellis adds Hong Kong,” www.suntimes.com, January 10, 2007
“Kirkland & Ellis opens in Hong Kong,” International Financial Law Review, January 10, 2007
“Kirkland & Ellis, Chicago Law Firm, Opens Office in Hong Kong,” Bloomberg News, January 9, 2007
“Kirkland Opens Hong Kong Office to Pursue Asian Buyouts,” New York Times Dealbook Blog, January 9, 2007
“Kirkland & Ellis LLP has opened an office in Hong Kong,” PE Week Wire, January 9, 2007
“Law firm sees private equity opportunities in region,” FinanceAsia.com, January 9, 2007
“Kirkland Opens First Asian Office in Hong Kong,” Private Equity Online, January 8, 2007
“US law firm takes aim at Asia private equity,” Reuters News, January 8, 2007
“Kirkland gets green light for Hong Kong opening,” The Lawyer, January 8, 2007
“Review of 2006: The private equity parade comes to Asia,” Asia Venture Capital Journal, January 2, 2007
“Philips Semiconductor LBO,” Corporate Counsel, December 20, 2006
“U.S. law firms make haste to set up office in region,” The Standard, December 19, 2006
“U.S. law firms push into Asia,” The Wall Street Journal Asia, December 18, 2006
“Big Deals: Philips Semiconductors LBO,” The American Lawyer, November 2006
“Chinese Regulations: Moving in the Right Direction,” Buyouts, September 29, 2006
“The Impact and Perception of Buyouts in Europe,” Loic Le Foll, altassetsnetwork.com, September 20, 2006
“Kirkland & Ellis journeys to Hong Kong,” www.lawcrossing.com, August 15, 2006
“PE firms Uncertain About Future Investments in Korea,” Private Equity Analyst, July 2006
“Kirkland & Ellis in Asia,” European Venture Capital Journal, June 30, 2006
“Firms Branch Out,” lawcareers.net, June 13, 2006
“Fund-raising plans face hurdles as equities dive,” The Standard, June 8, 2006
“Kirkland sets one-year Hong Kong deadline,” The Lawyer, June 5, 2006
“Kirkland looks East with Hong Kong office launch,” Legalweek, June 5, 2006
“Gide set for eastern expansion with Hong Kong launch,” Legal Week News, May 30, 2006
“Eich leads Kirkland into Hong Kong,” Asian Venture Capital Journal, May 29, 2006
“Kirkland & Ellis goes to Hong Kong,” Judged News (www.lawcrossing.com), May 26, 2006
“Kirkland & Ellis to open in Hong Kong,” NittaoOuZhou.com, May 24, 2006
“Kirkland draws up plans for Hong Kong launch,” The Lawyer, May 24, 2006
“Financial Engineering Alive and Well - For Now,” Private Equity International, February 2006
“The Hot 100,” The Lawyer, January 2006
“Finest 50 Rainmakers of 2004,” Legal Business, January 2005
Recognition
“Leading Lawyer”, Private Equity: Buyouts & Venture Capital Investment (International Firms) - China, Chambers Asia-Pacific (2019)
Recognized as a leading M&A lawyer by Who’s Who Legal: Corporate—M&A and Governance in 2015
Chairman, Private Equity Subcommittee, Corporate and M&A Law Committee, Legal Practice Division, International Bar Association 2012–2013
Vice Chairman, Private Equity Subcommittee, Corporate and M&A Law Committee, Legal Practice Division, International Bar Association 2011–2012
Recognized as one of the “Hot 100” lawyers (one of four in Asia) by The Lawyer in 2012
Recognized as one of the “50 Best Lawyers in Hong Kong” by Corporate INTL in 2011
Recognized as a “Leading Individual” lawyer in each of Private Equity (China/Hong Kong) and Investment Funds (Hong Kong) by the Chambers & Partners Asia Guide in 2010
Recognized as a “Leading Individual” lawyer in Hong Kong in each of Private Equity: Buyouts and Investment Funds (the only Hong Kong lawyer recognized in both) by the Chambers & Partners Asia Guide in 2009
Recognized as one of the “Hot 100” lawyers (one of five in private equity) by The Lawyer in 2005
Recognized as one of the “Finest 50 Rainmakers” by Legal Business in 2004
Member, Lawyer Advisory Committee, School of Transnational Law at Peking University, Shenzhen, People’s Republic of China
Adjunct Professor of Law, School of Transnational Law at Peking University, Shenzhen S.E.Z., People’s Republic of China
Adjunct Professor of Law, School of Law, University of California, Berkeley, Berkeley, California, U.S.A.
Founding Co-Sponsor and Member, Executive Committee, Tsinghua University China Center of Financial Research Private Equity and Venture Capital Institute, Beijing, People’s Republic of China
Founding Co-Sponsor, London Business School, Coller Institute of Private Equity, London, England
Credentials
Admissions & Qualifications
- 2011, Hong Kong
- 2005, Germany
- 1997, Admitted to Practice as a Solicitor of England and Wales
- 1994, Illinois
- 1992, Wisconsin
Courts
- United States Court of Appeals for the Seventh Circuit
- United States District Court for the Eastern District of Wisconsin
Education
- Columbia Law SchoolJ.D.1992
Honors, Parker Program in International and Foreign Law
Harlan Fiske Stone Scholarship for Academic Distinction
- Harvard UniversityA.B.
magna cum laude
1988Harvard College Scholarship for High Academic Achievement