Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Alyse F. Stach

Alyse F. Stach


Alyse Fiori Stach is an associate in the Litigation Department and a member of the Commercial Litigation, International Arbitration and Antitrust Practice Groups. As a commercial litigator, Alyse has contributed significantly to recent complex commercial litigation matters, including a trial victory for a hotel client in anarbitration with a hotel owner concerning the termination of a hotel management agreement.

Alyse also maintains an active pro bono practice. She represented a small business affected by Hurricane Sandy in its successful appeal of an agency decision to deny it funds related to ongoing construction in its neighborhood. In addition, she is a supervising attorney in the Iraqi Refugee Assistance Project and has represented the City of New York on a wide variety of matters.

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Proposed West Virginia Hospital Merger Could Have Nationwide Effects

West Virginia recently passed legislation aimed at shielding an in-state hospital merger from antitrust review by the Federal Trade Commission, and if the West Virginia Health Care Authority and West Virginia Attorney General approve the merger, other states could follow suit. Recent developments, including the FTC’s reaction to West Virginia’s proposed legislation, preview how future … Continue Reading

Hague Court Finds Arbitration Panel Has No Jurisdiction Against Russia Pursuant to Unratified Treaty

The District Court of the Hague overturned a record $50 billion in damages awards issued by the Permanent Court of Arbitration (“PCA”), to the former controlling shareholders of the Yukos Oil Company on the grounds that Russia had not submitted itself to the PCA’s jurisdiction. In 2014, the PCA awarded the former Yukos Oil Company … Continue Reading

First Department Finds Forum Selection Clause in Earlier Agreement Valid Despite Later Agreement Providing for Arbitration

In a 3-2 split decision, a New York appellate court determined that a forum selection clause providing for litigation in New York courts had not been explicitly terminated and thus trumped agreements to submit to arbitration in London provided in later contracts that cancelled the previous one. Thus, the appellate panel for the First Department … Continue Reading

Proposed Legislation Would Set Back Corporations’ Use of Arbitration Clauses

The Restoring Statutory Rights Act of 2016, sponsored by Democratic Senator Patrick Leahy, was sent to congressional committee on February 4, 2016 for consideration. The bill would place restrictions on companies’ use of arbitration clauses in agreements with consumers. Mandatory arbitration clauses have become a common — and controversial — feature of many consumer contracts. … Continue Reading