Minding Your Business

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

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Joseph Hartunian

Joe Hartunian is an associate in the Litigation Department.

Joe earned his J.D. from the University of Michigan Law School, where he was an executive editor of the Michigan Journal of Law Reform. Joe previously served as a law clerk to the Honorable Peter W. Hall of the United States Court of Appeals for the Second Circuit.

Prior to law school, Joe served as a legislative aide for Senator Charles E. Schumer on the Senate Judiciary Committee, focusing on issues related to opioid abuse, telecommunications and gun safety. Upon graduation, he returned to the committee as an advisor to Senator Amy Klobuchar on the nomination of now-Justice Brett Kavanaugh to the Supreme Court.

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Disgorgement Continues at the SEC

By Joseph Hartunian on Posted in Appellate, Securities Law, White Collar
On October 12, 2021, the Fifth Circuit Court of Appeals upheld a disgorgement order issued by the SEC, in—according to the opinion— the first appellate ruling on the topic since the Supreme Court’s 2020 decision in Liu v. SEC. Commercial litigators involved in securities disputes should take note that parallel actions with the SEC can still result in … Continue Reading

Illuminating Vertical Merger Challenges: FTC Challenges Illumina’s Reacquisition of a Nascent Company it Founded

By Colin Kass, Joseph Hartunian and Shannon D. McGowan on Posted in Antitrust, Media and Technology
After a bit of hiatus on aggressively challenging vertical mergers, regulators both here in the United States and abroad have resumed initiated actions to challenge vertical mergers. Traditionally a difficult lift for the FTC, vertical vergers involve companies above and below each other in the supply chain. Instead of directly competing, an upstream company acquires … Continue Reading

Zillow Change to Its Platform Poses New Antitrust Questions

By John R. Ingrassia and Joseph Hartunian on Posted in Antitrust, Media and Technology
A major technology innovator finds itself on the defensive this week after a start-up company filed an antitrust lawsuit for alleged deceptive business practices. A tech-based online broker named Rex alleged that the National Association of Realtors (“NAR”) and Multiple Listing Services (“MLS”) operate as a cartel to control access to real estate markets, and … Continue Reading

CLERA or Murkier: Proposed Antitrust Legislation Raises Questions

By Colin Kass, David Munkittrick, Joseph Hartunian and Shannon D. McGowan on Posted in Antitrust, Federal Rules, Media and Technology
The Sherman Act was passed in 1890. The Clayton Act in 1914. And they have hardly changed since. Last month, Senator Amy Klobuchar, the new chair of the Senate Judiciary Committee’s Subcommittee on Antitrust, Competition Policy and Consumer Rights, proposed an overhaul of the antitrust laws: CLERA, the Competition and Antitrust Law Enforcement Reform Act.  … Continue Reading

SolarWinds Government Data Breach Leads to Securities Action

By Brooke Gottlieb and Joseph Hartunian on Posted in Privacy & Data Security, Securities and Shareholder Litigation, Securities Law
The massive data breach of the United States Commerce and Treasury Departments that has roiled the federal government has resulted in federal securities litigation. On January 4, 2021, Plaintiff-Shareholder Timothy Bremer filed a class action complaint against SolarWinds and SolarWinds’ corporate executives in the United States District Court for the Western District of Texas. SolarWinds … Continue Reading

A Radical Change to Ratification: Key Takeaways from Henderson v. United Student Aid Funds, Inc.

By Joseph Hartunian on Posted in Litigation, Privacy & Data Security
On Friday, March 22, a split panel of the Ninth Circuit Court of Appeals found that a company with no direct contractual relationship with independent contractors could be found vicariously liable for the actions of those contractors in a class action suit. The majority held that ratification may create an agency relationship when none existed … Continue Reading
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