August Horvath is a partner in the firm's New York office. He focuses his practice on advertising law and antitrust matters.
Mr. Horvath represents clients in private false advertising and deceptive practices litigation before the Federal Trade Commission's (FTC) Consumer Protection Bureau and the National Advertising Division (NAD) of the Council of Better Business Bureaus, and in courts around the country.
Mr. Horvath’s antitrust experience includes litigating both civil and criminal cases before the Department of Justice (DOJ) Antitrust Division; FTC investigations and litigation related to conduct and mergers and acquisitions; self-regulatory challenges before the NAD and network advertising clearance services; and private litigation, including class actions with millions of class members.
Mr. Horvath provides legal counsel to assist clients with establishing marketing programs that comply with advertising rules and regulations from the outset of their marketing plan development. His graduate training and hands-on experience in survey research and statistical analysis have enhanced his skills in developing substantiation protocols, designing and assessing research into the implied meaning of advertising claims and working with and against expert witnesses.
Mr. Horvath has helped a wide variety of companies in fields such as pharmaceuticals, retailing, sporting and other consumer goods, and online Internet services reach their marketing, distribution and competitive goals, while overcoming complex challenges of advertising law and antitrust barriers.
Representative Experience
Represents two major juice companies in Lanham Act and California Unfair Competition Law litigation alleging false advertising of fruit content.
Defended a major nutritional supplement manufacturer in a Lanham Act false advertising trial involving comparative advertising claims, securing a unanimous favorable jury verdict with a Kelley Drye trial team.
Represented a major over-the-counter headache relief tablet manufacturer in an appeal before the National Advertising Review Board (NARB) of the Council of Better Business Bureaus.
Represented a leading paint and wall coverings company in an NAD challenge and NARB appeal relating to claims of odor reduction.
Represented a plastics manufacturer in a challenge before the NAD relating to bio-degradability and recyclability claims.
Represented an automotive products company in FTC litigation alleging false advertising of performance of car engine oil additives.
Represented a consumer healthcare company in Lanham Act cross-allegations of false advertising relating to efficacy and other properties of smoking cessation products.
Represented a food company in proceedings before the NAD in defense of its cholesterol benefit claims.
Represented an Internet travel booking company in an NAD challenge to its claims of cost savings.
Represented a major recorded music company in:
- a multidistrict price-fixing class action brought by retailers;
- indirect-purchaser price-fixing class actions brought by consumers;
- an FTC investigation into minimum advertised price (MAP) policies, followed by more than 100 resale price maintenance class actions brought by consumers in federal and state courts.
Represented a major tobacco company in:
- a multidistrict price-fixing class action by cigarette wholesalers;
- a class action brought by tobacco growers alleging that major U.S. tobacco makers fixed their purchase prices of raw leaf tobacco.
Represented an international auction house in a criminal price-fixing case brought by the DOJ.
Represented a major pharmaceutical company in a price-fixing action brought by retail pharmacies.
Represented a major airline in a monopolization (predatory conduct) suit brought by the DOJ.
Represented a merchandise retailer in a price discrimination suit brought by independent auto-parts retailers.
Memberships & Associations
American Bar Association, Antitrust Section, Council Member
Professional Activities
American Bar Association's Consumer Protection Law Developments treatise, co-editor-in-chief.
Antitrust Law Developments, an influential treatise published by the American Bar Association, Editorial Board.
Honors & Awards
Recommended in US Legal 500 for his work with the New York Antitrust practice, 2009, and for his work in the Marketing & Advertising area, 2010-2012.
Listed in New York "Super Lawyers," 2007-2009 and 2011-2012.
Elected as a Fellow of the American Bar Foundation.
