The Firm

We believe clients deserve lawyers with the ability to focus intently on each client’s needs, with sufficiently diverse experience and knowledge to craft creative and cost-effective solutions for every business matter or dispute. Working closely with a select client group enables our attorneys to truly know our clients’ businesses, know how our clients think, and know what our clients need to protect their assets and to advance their business and dispute resolution objectives.

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Clauss & Associates PC, for approximately 24 years, operated as a law firm dedicated to providing creative, value-added legal services to a select client group, in the following areas:

  • Mediation, Arbitration and Litigation
  • Insurance Law and Litigation
  • Business and Corporate Law
  • US-China Business and Dispute Resolution

Our Mission

Our mission is to provide each client with insightful and accurate legal advice and representation based on the broad experience, objectivity, and judgment we have acquired through decades of practice as business lawyers, litigators, and negotiators. We strive to infuse every matter with Intelligence, Innovation, and Integrity.

Industry Sectors

  • Aviation
  • Construction
  • Clean Technology
  • Emerging Enterprises
  • Fashion and Textiles
  • Hotels and Hospitality
  • Insurance
  • Manufacturing
  • Pharmaceuticals
  • Real Estate
  • Shipping & Maritime
  • Technology

Practice Areas

Litigation, Arbitration, and Mediation

  • Commercial and contract disputes & enforcement
  • Insurance defense and coverage
  • Product liability
  • Professional liability
  • Corporate officers and directors' liability
  • Advertising injury
  • Construction defect claims
  • Intellectual property - prosecution and infringement
  • Federal and state court litigation
  • Domestic and international arbitration and mediation

Business and Corporate Law

  • Business development, due diligence, and partner selection
  • Commercial transactions
  • Contract negotiation and drafting
  • Mergers & acquisitions
  • Corporate investigations
  • Real estate transactions, investment, and development
  • Domestic and cross-border transactions
  • General counsel services

US-China Transactions and Dispute Resolutions

  • Advising Chinese companies investing/operating in the US
  • Advising US companies investing/operating in China
  • Foreign Corrupt Practices Act and Anti-Bribery Compliance
  • Cross-Border arbitration and mediation

Our Track Record

In our over 20 years of activity, we’ve achieved a record of accomplishments that has made us very proud - and made our clients very pleased. Here are just a few highlights.

Litigation and Arbitration Matters

  • Successful defense of a major U.S. petroleum company in a products liability claim regarding adhesives used in the woodworking and interior design industries.
  • Successful defense of a building inspector employed by the New York City Board of Education in a ten-week civil racketeering trial in Federal Court.
  • Successful defense of the sixth-largest U.S. beer brewery for alleged violations of the Lanham Act (false designation of origin) and copyright infringement in Federal case brought by a celebrity musician.
  • Successful defense of many cases involving claims of medical malpractice against physicians.
  • Successful defense and negotiated settlements of many cases against elevator and escalator maintenance and construction companies.
  • Represented a Chinese shipbuilding and repair company in obtaining the release from attachment levied by the Southern District Court in New York City on behalf of a Greek shipowner, of a multi-million dollar payment in wire transit through a bank in New York.
  • Recovered the domain name www.airchina.com for Air China Limited, involving arbitration in Beijing before the Asian Domain Name Dispute Resolution Center, a litigation in South Korea seeking to invalidate the ADNDRC arbitration decision in favor of Air China, and counterclaims for infringement of Air China trademarks, and litigation in Federal Court in the Eastern District of Virginia of an in rem claim to compel transfer of the domain name from the cybersquater to Air China. Won in all jurisdictions.
  • Won arbitration before the Hong Kong International Arbitration Centre to compel former joint venture partner (a commercial entity owned and operated by the Shanghai Municipal Government) to make final payment due our client following buy-out of the client’s interest in a Sino-US joint venture. Also, successfully sued (through local Chinese counsel) to enforce HKIAC award in the Shanghai Courts.
  • Successful mediation of many personal injury claims.

Business and Commercial Matters

  • Negotiated and drafted several contracts involving a multi-million dollar hotel renovation project in New York City.
  • Negotiated and drafted contracts involving the construction of elevators in residential and commercial properties in New York City.
  • Provided legal guidance to emerging enterprises regarding the establishment and operation of new business entities, raising of capital through private placements and initial public offerings, and routine legal matters such as real estate leasing, employment contracts, employee compensation issues, intellectual property issues, insurance and risk management issues, and commercial litigation.
  • Represented a Fortune 500 hotel company regarding its business operations in China, including disputes with business partners and a variety of Chinese government regulatory authorities.
  • Advised a U.S. company with extensive manufacturing operations in China regarding its exposure to potential FCPA enforcement action and prepared a Foreign Corrupt Practices Act Compliance Manual and FCPA Compliance Program for the client.
  • Represented and advised a major Chinese pharmaceutical company on its international contracts with customers in the Middle East, Europe, and the U.S., on restructuring its business operations and plans for the establishment and funding of a subsidiary in the United States.
  • Represented a U.S. investor over nine years in the negotiation, establishment and operation of a Sino-U.S. joint venture between a New Jersey-based agricultural company and a commercial enterprise owned by the Shanghai Municipal Government.
  • Represented a Chinese airline with respect to its operations in the U.S., including the leasing and purchase of office space.
  • Obtained “L” visas and “Green Cards” for executives and managers of Chinese companies transferred to the U.S. to run local U.S. offices of the Chinese companies, including meetings with the U.S. State Department and with the U.S. Embassy in Beijing and the U.S. Consulate in Shanghai.

What the Clients Say

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Since 1995 I have admired the commitment and service of Eliot Clauss as the President of the U.S. China Chamber of Commerce and as an attorney for Chinese companies. Eliot knows that Chinese businessmen and businesswomen, even though sleeping in different beds than their American competitors and colleagues, share the same dream - better business, better life.

Eliot is a true believer in the good that Chinese and U.S. citizens can achieve by working toghether.

Yu Ping


Secretary General
China Council for the Promotion of International Trade

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RUSSIN VECCHI is a true partner in helping our business succeed in the U.S.

RUSSIN VECCHI's lawyers have worked brilliantly to help us collect substantial funds from non-paying customers, to resolve contractual disputes and to be even smarter in running our business

Hou Xiaoyuan


President
CHINATEX Oriental USA. INC.
subsidiary of CHINATEX CORPORATION

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I have know and worked with Eliot Clauss in China and in the U.S. for nearly twenty years. More than any other attorney I know, Eliot understands how Chinese companies operate. He knows how to bridge the cultural and business differences between China and the U.S. He has an extraordinary network of contacts in both countries that enables him to get things done when others cannot. He is a great champion of China and Chinese businesses.

Chen Shaoqing


Former PresidentShanghai International Holding Company (USA) LTD.
subsidiary of Shanghai Industrial Holdings LTD.