David B. Hoppe, Principal

Practice Experience

David B. Hoppe is the founder and principal of Access International Law Group and Gamma Law. 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, including video games and J-Pop culture content. Recently, Mr. Hoppe completed a one-year term as outside general counsel for Capcom U.S.A., Inc., a major Japanese game publisher. A principal focus of Mr. Hoppe's 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 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 an international fund manager by a Swiss bank. 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 is a Board Member of the Japan Society of Northern California and participates in other organizations.

Bar Admissions

  • California State Bar, admitted 1993.
  • New York State Bar, admitted 2000.

Education

  • 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, 1988, Business Administration/Management.

Selected Publications/Presentations

  • What Equity Crowdfunding Means for Indie Developers, Presentation, Game Developers Conference, March 2014.
  • "Crowdfunding & Pre-owned Digital Marketplaces: Recent 'Hot Topics' in Silicon Valley", Japan Spotlight, July-August 2013.
  • Crowdfunding for European Indies: A Legal Perspective, Presentation, GDC Europe, August 2013.
  • "A New World for Crowdfunding? Equity-based Crowdfunding Comes to the United States", Casual Connect magazine, Summer 2013.
  • Content Distribution between the US and Japan, Presentation, Japan Entertainment Lawyers' Network, Tokyo, Japan, March 2013 (Japanese).
  • Innovative Ways to Finance Your Venture: Crowd Financing, Hollywood Strategies and More, Presentation, Hong Kong Science and Technology Parks, July 2011.
  • Crowd Financing, Hollywood Strategies and Other Innovative Ways to Finance Your Game, Presentation, LOGIN Games Conference, Seattle, May 2011.
  • Challenges and Opportunities for J-Pop Content Owners in a Changing Environment, Presentation, Japan Society of Northern California, September 2009.
  • Feature interview on entrepreneurship in the US and Japan, Japan Spotlight, January/February 2009.
  • Current Issues in E-Commerce, Presentation, Hong Kong Law Society and Hong Kong Science & Technology Park, February 2008.
  • Current Issues in E-Commerce, Presentation, American Chamber of Commerce in Japan, November 2006.
  • 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).

Languages

  • English, Japanese (proficient)

Other

  • Board Member, Japan Society of Northern California