Kelley Drye

Attorneys & Professionals 

August T. Horvath

Partner Email vCard
New York
Phone: (212) 808-7528
Fax: (212) 808-7897

August Horvath is a false-advertising and antitrust lawyer. Clients most appreciate Mr. Horvath’s levelheadedness, even under the most contentious of situations. He is consistently valued by clients and colleagues alike for his ability to apply complex law to everyday scenarios, as well as to formulate logical arguments based upon objective facts and sound legal theory.

Mr. Horvath represents clients in private false advertising and deceptive practices litigation before the Federal Trade Commission (FTC), state Attorneys General and the National Advertising Division (NAD) of the Council of Better Business Bureaus, and litigates in courts across the country. Mr. Horvath has helped many 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.

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; and private litigation, including class actions with millions of class members. He also counsels clients in establishing marketing programs and distribution arrangements that comply with advertising and antitrust laws and regulations from the outset of their marketing plan development. Mr. Horvath’s Ph.D. and hands-on experience in survey research and statistical analysis give him exceptional insight into developing substantiation protocols, designing and assessing research into the implied meaning of advertising claims, and working with and against expert witnesses.

Mr. Horvath has been listed among premier attorneys in the US Legal 500 and New York Super Lawyers. A fellow of the American Bar Foundation, he serves as co-chair of the American Bar Association Section of Antitrust Law, Agriculture and Food Committee. Known for his erudition, dry humor and writing skill, Mr. Horvath is a frequent invited guest speaker for business and legal associations alike on marketing, advertising and antitrust-related topics.

Representative Experience

Won an NAD case and subsequent National Advertising Review Board (NARB) appeal, as challenger, persuading the NAD to take the unusual step of recommending changes to a product name that communicated false claims about spray paint coverage.

Represented a leading jewelry retailer in a Lanham Act suit challenging a competitor’s claims for the performance of its diamonds.  Negotiated a settlement prior to trial.

Successfully defended a beverage company in a Lanham Act false advertising case that went to trial in the Central District Court of California and counter-alleged false advertising by the plaintiff. Our client was completely exonerated after a nine-day jury trial, eliminating the need to litigate the counterclaims.

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.

Defended a leading paint and wall coverings company in an NAD challenge and NARB appeal relating to claims of odor reduction.

Defended a plastics manufacturer in a challenge before the NAD relating to biodegradability and recyclability claims.

Represented an automotive products company in FTC litigation alleging false advertising of the 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.

Defended 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; an indirect-purchaser price-fixing class action brought by consumers; and 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, as well as in a class action brought by tobacco growers alleging that major U.S. tobacco makers fixed their purchase prices of raw leaf tobacco.

Defended 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 Section of Antitrust Law, Agriculture and Food Committee, chair, 2015–2017

ABA Section of Antitrust Law, former council member

ABA Section of Antitrust Law, Consumer Protection Committee, former chair

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, 2010-2014.

Listed in New York Super Lawyers, 2007-2009 and 2011-2016.

Elected as a Fellow of the American Bar Foundation.

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January 28, 2016

FTC Revises Hart-Scott-Rodino Thresholds for 2016

Kelley Drye Client Advisory