Introduction
David Crosby represents US and international companies at the intersection of law and technology. David has an engineering degree and has worked as a software and systems engineer, a manufacturing engineer, a decorated examiner in the US Patent and Trademark Office, and as in-house corporate counsel. He leverages his training and experience to counsel clients with respect to a broad range of technology issues. He regularly serves as principal outside IP counsel to clients, helping them to develop and manage their IP portfolios and implement related IP policies and strategies. David uses his technical knowledge as an engineer to help manufacturing, engineering, software, and life sciences companies to classify products and technology for export under both the ITAR and EAR regimes. He has significant experience working on corporate transactions providing support covering IP due diligence, IP and data licensing, government contracting, data privacy and security, and international trade compliance including export controls due diligence and national security reviews before the Committee on Foreign Investment in the United States (CFIUS).
My focus
I work with technology clients to help them develop and implement IP and business strategies that are tailored to their business needs. This includes developing IP that protects a company’s products and services, as well as, helping corporate leadership to understand the risks and the compliance obligations associated with bringing their products to market.
I regularly work with clients to develop and implement business processes for identifying and protecting their IP. I have extensive experience helping clients navigate their competitive landscape through freedom-to-operate counseling and assisting clients with strategic acquisitions including technology and data licensing.
A significant portion of my practice involves advising US, multinational, and non-US companies on various aspects of regulatory compliance including US export controls and sanctions compliance. This includes advising clients on US export controls, conducting export compliance assessments, and obtaining export control classifications and licenses for products. This comprises a wide range of products and services including defense technology, software products and services, electronic products, networking and telecommunication products and services, medical devices including imaging and diagnostics, life sciences products and therapies, and industrial products.
My practice also involves advising companies that receive government funding for technology development and helping them to understand and comply with the Federal Acquisition Regulations (FARs) relating to the development of IP with government funding.
When I am not practicing law, I serve as the chairman for the Water Management Advisory Committee of a local municipality and help to develop water management and sustainability policy.
Representative experience
- Represented a leading science and technology company based in Baden-Württemberg, Germany, in the merger of its wholly owned subsidiary with a publicly traded company that specializes in advanced materials innovation, with a particular focus on the semiconductor industry
- Represented a Canadian-based manufacturer of lithium batteries for use in the oil and gas drilling sector in its acquisition of a Massachusetts-based electronics assembly and manufacturing business
- Represented a major industrial component manufacturer in a co-branding arrangement as part of the divestment of a business unit
- Represented a medical devices company as principal outside IP counsel in managing their patent portfolio of over 350 patent filings
- Represented a leading provider of health care data analytics and business intelligence in its acquisition by a leading health information systems provider
- Represented a wireless networking company as principal outside IP counsel in strategic acquisition of technology
Looking ahead
We will continue to see periods of uncertainty regarding the patent-eligibility of business and medical diagnostic methods and companies will need to consider using a more diverse portfolio of intellectual property, technology and business tools to protect their business assets.
/Insights
- “The Updated Semiconductor and Advanced Computing Rules: Deconstructing Newly-Expanded Export Controls,” The Massachusetts Export Center Export Expo, January 25, 2024
- “Brief overview of U.S. Export Controls - News from the BIS and OFAC for re-exporters,” Akademie für Aussenwirtschaftsrecht (AWA) Export Controls Update 2023, Webinar, March 23, 2023
- “US Export Control and Sanctions Update,” Nixon Peabody CLE program, March 2022
- “Russian counter-sanctions: time to review the supply chain (again),” Export Compliance Manager, quoted on the Russia sanctions implications for US businesses, March 2022
- “Russia-Ukraine Crisis: Latest developments in US and EU Export Controls and Sanctions,” Webinar, March 10, 2022
In the news
- Der Zoll-Profi
The new BIS data center VEU authorization: Expansion of the validated end user program
Dec 1, 2024German legal intern Jule Giegling, Boston Corporate partner Alexandra Lopez-Casero and Boston Corporate counsel David Crosby contributed this article, which discusses the Bureau of Industry and Security of the US Department of Commerce’s introduction to a new option with the amended regulation “Expansion of Validated End User Authorization: Data Center Validated End User Authorization,” making technological goods necessary for use in data centers.
- Law360
UK safety biz Halma buys medical tool maker for $89 million
Dec 20, 2023This article mentions NP for representing Halma PLC in its acquisition of TeDan, a group of companies that develop, manufacture, and supply medical devices to surgeons. The NP deal team was led by New York City Corporate partner Dan Belostock and also included Corporate partners Alexandra Lopez-Casero and Thomas McCord of Boston, Kevin Grant of New York City, and Shahzad Malik of Los Angeles; Boston Government Investigations & White-Collar Defense partners Hannah Bornstein and Brian French; Boston Labor & Employment partner Jeff Gilbreth; Los Angeles Intellectual Property partner Seth Levy; Rochester Privacy & Technology counsel Jenny Holmes and Boston Corporate counsel David Crosby; Corporate associates Brian Kenney of Washington, DC and Tim Sharkey of New York City; Chicago IP associates Ben Rosborough and Eliana Torres; Los Angeles Labor & Employment associate Alice Kwak; Chicago IP senior paralegal Tim Fiester; and Chicago Corporate paralegal Astrid McGruder.
- Der Zoll-Profi!
US restrictions on foreign investments (German language)
Oct 5, 2023Boston Corporate partner Alexandra Lopez-Casero, counsel David Crosby, and German legal intern Julie Giegling contributed this article discussing a recent Executive Order issued by President Biden restricting outbound US investments in certain national security technologies and products in countries of concern. The article also covers the US Treasury Department releasing an Advance Notice of Proposed Rulemaking seeking comments from industry on various proposed definitions and regulations. Der Zoll-Profi! is the largest and most prominent trade publication in Germany read by executives of major German companies such as Lufthansa and Siemens.
- Export Compliance Daily
Companies facing uncertainty, due diligence questions as US crafts outbound investment rules
Sep 28, 2023Boston Corporate counsel David Crosby is quoted in this article looking at what’s next following an August executive order proposing restrictions on outbound US investments in China. Among his comments, David explains the restrictions are more like an export control regime that sets strict prohibitions on certain activities involving China, and that they could cause considerable uncertainty for investors.
- Foreign Investment Watch
Many VCs may be underestimating the full impact of outbound rule
Sep 12, 2023This article, discussing a proposed Treasury Department rule and Biden executive order that would regulate US outbound investment in China, quotes Boston Corporate counsel David Crosby. While the article focuses on a recent survey of venture capital firms, David explains that the proposed regulations could have a greater impact on mergers & acquisitions and joint ventures.
- Zasa
Spotlight on the proposed restrictions on outbound US investments
Sep 1, 2023Boston Corporate counsel David Crosby, who leads NP’s Foreign Direct Investment practice, and German legal intern Jule Giegling contributed this article discussing a recent Executive Order issued by President Biden restricting outbound US investments in certain national security technologies and products in countries of concern. The article also covers the US Treasury Department releasing an Advance Notice of Proposed Rulemaking seeking comments from industry on various proposed definitions and regulations. ZASA is a leading German publication on export controls, sanctions and other trade restrictions.
- Bloomberg Law |
Vista invests in supply chain risk software
May 9, 2023This article mentions NP for advising Resilinc Corp. in its strategic growth investment transaction with Vista Equity Partners LLC. The NP team was led by San Francisco Cybersecurity & Privacy partner Greg O’Hara and included Corporate partners David Martland, Thomas McCord, and Alexandra Lopez-Casero of Boston, Rachel Pugliese of New York City, and Shahzad Malik of Los Angeles; San Francisco Labor & Employment partner Seth Neulight; Cybersecurity & Privacy counsels Jenny Holmes of Rochester and Jason Kunze of Chicago; Boston Corporate counsel David Crosby; Chicago Intellectual Property counsel Wayne Tang; and Corporate associates James Mangan from Boston, Jacalyn Smith from Chicago, Corey Habib from Manchester, and Brian Kenney of Washington, DC.
- The Deal
Vista Equity invests in Resilinc
May 8, 2023This article mentions San Francisco Cybersecurity & Privacy partner Greg O’Hara for leading the NP team advising Resilinc Corp. in its strategic growth investment transaction with Vista Equity Partners LLC. The NP team also included Corporate partners David Martland, Thomas McCord, and Alexandra Lopez-Casero of Boston, Rachel Pugliese of New York City, and Shahzad Malik of Los Angeles; San Francisco Labor & Employment partner Seth Neulight; Cybersecurity & Privacy counsels Jenny Holmes of Rochester and Jason Kunze of Chicago; Boston Corporate counsel David Crosby; Chicago Intellectual Property counsel Wayne Tang; and Corporate associates James Mangan from Boston, Jacalyn Smith from Chicago, Corey Habib from Manchester, and Brian Kenney of Washington, DC.
- Der Zoll-Profi!
What companies need to know about the US sanctions against Russia (German language)
April 5, 2023Boston Corporate partner Alexandra Lopez-Casero, Los Angeles Government Investigations & White-Collar Defense partner Chris Grigg, and Boston Corporate counsel David Crosby contributed this article, which discusses the additional export controls and sanctions imposed on trade with Russia on the first anniversary of Russia’s invasion of Ukraine.
- Foreign Investment Watch
Will Disruptive Tech Strike Force play a role in outbound screening
Feb 19, 2023Los Angeles Government Investigations & White-Collar Defense partner Chris Grigg is quoted throughout this article, which covers the US Department of Justice and Department of Commerce’s plan to create a Disruptive Technology Strike Force. Chris’ commentary came from a client alert he cowrote with Corporate partner Alexandra Lopez-Casero and Corporate counsel David Crosby, both of the Boston office.
- The Deal
Resonetics to acquire two SAES units
Dec 9, 2022The following article covers Resonetics LLC’s $900 million agreement to acquire Memry Corp. and SAES Smart Materials Inc. from NP client SAES Getters SpA. The article mentions Manchester partner and Private Equity & Family Offices team leader Phil Taub and Boston partner Amy O’Keefe, both of the Corporate group, for leading the NP team representing SAES Getters on U.S. legal matters. The team also includes Chicago partner and Global Finance co-leader Rob Drobnak; Corporate partners Alexandra Lopez-Casero and Thomas McCord from Boston, Andrew Share from Manchester, and Sean Clancy from Washington, DC; Affordable Housing & Real Estate partners Mark Beaudoin from Manchester and Alison Torbitt from San Francisco; Boston Labor & Employment partner Jeff Gilbreth; Rochester Intellectual Property partner Kristen Walsh; Washington, DC Complex Disputes partner and Antitrust leader Gordon Lang; Manchester Government Investigations & White-Collar Defense partner Mark Knights; Rochester counsel and Cybersecurity & Privacy deputy leader Jenny Holmes; Boston Corporate counsel David Crosby; Washington, DC Complex Disputes counsel Brian Whittaker; Albany Affordable Housing & Finance counsel Dana Stanton; Corporate associates Shaziah Singh from New York, Anthony Bova from Boston, Corey Habib from Manchester, and Hrishikesh Shah from Chicago; and Manchester Corporate department attorney Dave Zimmermann.
- Export Compliance Manager
Russian counter-sanctions: Time to review the supply chain (again)
This article covering Russia’s curbs on the import and export of certain goods quotes Boston Corporate partner Alexandra López-Casero and counsel David Crosby on the supply chain impacts of these counter-sanctions, along with recommendations for export compliance managers and companies that deal with Russian raw materials.March 25, 2022 - Law360
Life Cycle Approach to Data Rights Can Help Contractors
Boston IP Counseling & Transactions counsel David Crosby and Washington, DC, associate Harini Kidambi co-authored this column regarding implications arising from the 2015 Army Data & Data Rights Guide for military service professionals and other contractors.Jan 14, 2016 - Law360
USPTO Plan to Speed Up Patent Apps Will Limit Protection
Boston IP Counseling & Transactions partner David Crosby discusses a new U.S. Patent and Trademark Office program that will speed up the process by which software patent applications are processed.June 12, 2014
Admitted to practice
Massachusetts
U.S. Patent and Trademark Office
Education
New England School of Law, J.D.
Rensselaer Polytechnic Institute, B.S.
Professional activities
- Board of Directors, New England Israel Business Counsel
- Board of Directors, Boston-Israel Business Forum
- Chairman, Water Management Advisory Committee for the Town of Sharon, Massachusetts
- Lecturer, Fletcher School of Law and Diplomacy
- BPLA
- IEEE
- ACM
Insights And Happenings
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View AllDavid K. Cheng
Partner / Chair and Managing Partner of China/Asia Pacific Practice- Hong Kong
- Office:+852.9307.3900Mobile:Hong Kong/ +852 9307.3900 China/ +86 156.2607.6649 US/ +1 650.387.3948 Singapore/ +65 8669.9309
- dcheng@nixonpeabody.com
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