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    1. Home
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    3. Seth A. HorvathPeople
    1. Home
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    3. Seth A. HorvathPeople

    Seth A. Horvath

    Partner


    • Chicago
    • Office312.977.4443
    • sahorvath@nixonpeabody.com

    I'm a 2023 Nixon Peabody Pro Bono Champion.Read more about our Pro Bono program

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    Introduction

    Seth Horvath focuses his practice on trial and appellate litigation in state and federal courts nationwide. He represents a wide variety of clients in complex commercial disputes across multiple industries.

    Practice Areas

    AppellateArbitration, Mediation & Alternative Dispute ResolutionLitigationComplex DisputesInsurance LitigationFinancial Institution InvestigationsNon-Compete & Trade SecretsFinancial Institutions & Banking Disputes

    My focus

    My practice includes three main areas:

    Commercial Litigation

    My commercial-litigation experience is wide-ranging. From single-witness administrative hearings to complex, multi-party trials to summary proceedings on issues of law, I represent clients in the real-estate, legal, financial-services, manufacturing, and medical industries, among others. Each commercial case is unique, and I enjoy the challenge of helping clients identify creative and effective legal solutions tailored to meet their business goals.

    Appellate Litigation

    Appellate advocacy starts in the trial court. I counsel clients on preserving trial issues for appeal and crafting interlocutory appeals that resolve key legal issues before final judgment. After judgment, I help clients identify their strongest appellate issues and create persuasive arguments to present to reviewing courts.

    Employment Litigation

    My employment practice includes representing employers in wage-and-hour lawsuits, discrimination proceedings before the Illinois Department of Human Rights and Equal Employment Opportunity Commission, restrictive-covenant disputes, and trade-secret cases.

    Representative experience

    Clerkships

    Before entering private practice, I was a law clerk for Justice Rita B. Garman of the Illinois Supreme Court.

    Trial court litigation

    • Representing a medical-device manufacturer in a complex commercial arbitration over the interpretation of its marketing agreement
    • Representing the principals of an investment company in a three-week bench trial over the enforcement of their separation agreement with a former employee
    • Representing a property owner in a year-long bench trial over the condemnation of subsidized housing by a Chicago-area municipality
    • Representing a plaintiff in a three-week jury trial over civil-rights violations by a municipality and its employees
    • Litigating third-party professional-liability claims on behalf of a client whose actuaries improperly advised it on computing benefits under an ERISA-qualified benefit plan
    • Litigating breach-of-fiduciary-duty and fraud claims for a not-for-profit senior-care organization against two of its former executives
    • Litigating a substantial breach-of-contract dispute for a large law firm against a former municipal client
    • Counseling members of a real-estate-development venture through multiple lawsuits involving their former partners, lender, and subcontractors
    • Counseling a Chicago-area bank through complex multi-property residential-foreclosure litigation
    • Representing the Federal Deposit Insurance Corporation in negligence and breach-of-fiduciary-duty lawsuits against former officers and directors of failed banks

    Appeals

    • Accel Entertainment Gaming, LLC v. Village of Elmwood Park, 2015 IL App (1st) 143822 (Ill. App. Ct. 1st Dist. 2015) (challenge to constitutionality of local ordinance regulating video gaming)
    • Hyperactive Gaming, LLC v. Williamson Post, American Legion, 2015 IL App (5th) 140312-U (Ill. App. Ct. 5th Dist. 2015) (dispute over validity of assignment of video-gaming contract)
    • Sarvis v. BMO Harris Bank N.A., 619 Fed. Appx. 520 (7th Cir. 2015) (dispute over standing to litigate claims on behalf of trust beneficiary)
    • Schaumburg Bank & Trust Co. v. Alsterda, 815 F.3d 306 (7th Cir. 2016) (defense of bankruptcy trustee’s right to retain settlement proceeds against creditor’s claim)
    • Moline School District No. 40 Board of Education v. Quinn, 2016 IL 119704 (Ill. S. Ct. 2016) (challenge to constitutionality of state law creating tax exemption for aviation-support-service provider)
    • Grant Park Commodities, LLC v. Attefjord, 2017 IL App (1st) 161277-U (Ill. App. Ct. 1st Dist. 2017) (appeal from jury trial on breach-of-contract and tortious-interference-with-contract claims)
    • United Investment Group, LLC v. Beggars Pizza Franchise Corporation, 2017 IL App (1st) 162275-U (Ill. App. Ct. 1st Dist. 2017) (appeal from summary judgment on breach-of-contract claim)
    • Good v. Iowa Department of Human Services, 924 N.W.2d 853 (Iowa Sup. Ct. 2019) (challenge to legality and constitutionality of gender-identity-based restriction on Medicaid coverage)
    • Pepper Construction Co. v. Palmolive Tower Condominiums, LLC, 2021 IL App (1st) 200753 (Ill. App. Ct. 1st Dist. 2021) (appeal from bench trial on breach-of-contract and unjust-enrichment claims)

    Looking ahead

    Discovery analytics continue to evolve at a rapid pace. More so than ever before, success in litigation will be dictated by leveraging data early in a case through conceptual analytics and technology-assisted review.

    Insights

    • Presenter, National Association of State Credit Union Supervisors, 2017 NASCUS State System Summit, September 1, 2017, “Banks v. Credit Unions: Old Rivalry, New Developments.”
    • Presenter, Illinois Department of Financial and Professional Regulation, 2017 Credit Union Examiners’ Conference, November 30, 2016, “Red Flags for Regulators.”
    • Presenter, Illinois Department of Financial and Professional Regulation, 2016 Illinois Bank Examiners’ Conference, October 18, 2016, “Red Flags for Regulators.”
    • Presenter, National Association of State Credit Union Supervisors, 2016 NASCUS State System Summit, October 5, 2016, “Red Flags for Regulators.”
    • Disentangling the Eleventh Amendment and the Americans with Disabilities Act: Alternative Remedies for State-Initiated Disability Discrimination under Title I and Title II, University of Illinois Law Review 231, 2004 (Author)

    In the news

    • Des Moines Register

      Iowa Supreme Court to decide if Medicaid must cover gender transition surgery

      The following article covers Iowa Supreme Court oral arguments in the state’s appeal of a ruling that an amendment to the Iowa Civil Rights Act—which prohibited the use of Medicaid coverage for gender affirmation surgery—violated the Iowa Constitution. The articles quote Chicago Complex Disputes partner Seth Horvath, who is providing pro bono legal representation for two transgender Iowans whose applications for Medicaid coverage for gender affirmation surgery were denied. The NP team also includes partners Tom Hecht, Tina Solis, and Bill Kirby; and associates Christie Kurow and Maggie Borse, all of the Chicago office and Complex Disputes practice.

      Jan 19, 2023
    • Courthouse News Service

      Iowa seeks to reinstate ban on Medicaid coverage for sex reassignment surgery

      The following article covers Iowa Supreme Court oral arguments in the state’s appeal of a ruling that an amendment to the Iowa Civil Rights Act—which prohibited the use of Medicaid coverage for gender affirmation surgery—violated the Iowa Constitution. The articles quote Chicago Complex Disputes partner Seth Horvath, who is providing pro bono legal representation for two transgender Iowans whose applications for Medicaid coverage for gender affirmation surgery were denied. The NP team also includes partners Tom Hecht, Tina Solis, and Bill Kirby; and associates Christie Kurow and Maggie Borse, all of the Chicago office and Complex Disputes practice.

      Jan 18, 2023
    • Iowa Capital Dispatch

      Iowa Supreme Court weighs transgender issue and civil rights protection

      The following article covers Iowa Supreme Court oral arguments in the state’s appeal of a ruling that an amendment to the Iowa Civil Rights Act—which prohibited the use of Medicaid coverage for gender affirmation surgery—violated the Iowa Constitution. The articles quote Chicago Complex Disputes partner Seth Horvath, who is providing pro bono legal representation for two transgender Iowans whose applications for Medicaid coverage for gender affirmation surgery were denied. The NP team also includes partners Tom Hecht, Tina Solis, and Bill Kirby; and associates Christie Kurow and Maggie Borse, all of the Chicago office and Complex Disputes practice.

      Jan 18, 2023
    • NBC Montana

      Montana Supreme Court ruling upholds right for transgender birth certificate changes

      This article covers a Montana State Supreme Court ruling in the ongoing Marquez v. State of Montana case, which restores a 2017 rule allowing transgender people to change their sex designation on their birth certificates without requiring a court order stating they have received some undefined surgical treatment. The article mentions NP for bringing the initial suit alongside the ACLU Foundation and the ACLU of Montana. The NP team involved in the case includes Complex Disputes partners Seth Horvath and Tina Solis, and partner Tom Hecht, all of the Chicago office.

      Jan 10, 2023
    • Montana Right Now

      Agencies file motion seeking clarification on preliminary injunction related to birth certificate law

      This article covers a motion filed by NP and the ACLU of Montana asking the court to clarify in simple terms its preliminary injunction against a Montana state law restricting transgender people’s ability to change the sex designation on their birth certificates. The NP team involved in this matter includes Complex Disputes partners Seth Horvath and Tina Solis, partner Tom Hecht, and associate Christina Kurow, all of the Chicago office.
      June 8, 2022
    • The Advocate

      ACLU blasts Montana's delay on trans birth certificate order

      This article highlights a claim by the ACLU of Montana and NP that the state of Montana is failing to comply with a recent court order blocking a state law that would restrict the ability of transgender people to change their gender designation on their birth certificates. The NP team involved in this matter includes Complex Dispute partners Seth Horvath and Tina Solis, partner Tom Hecht, and associate Christina Kurow, all of the Chicago office.
      May 23, 2022
    • Washington Blade

      Montana state court blocks anti-trans birth certificate law

      The following article covers NP’s and the ACLU of Montana’s success in securing a preliminary injunction against a Montana state law restricting transgender people’s ability to change the sex designation on their birth certificates, including a quote from Chicago Complex Disputes partner Seth Horvath on the positive impacts of the ruling. The NP team also includes Chicago Complex Disputes partner Tina Solis, partner Tom Hecht, and associate Christina Kurow.
      April 21, 2022
    • NBC Montana

      Injunction granted in case challenging birth certificate law

      The following article covers NP’s and the ACLU of Montana’s success in securing a preliminary injunction against a Montana state law restricting transgender people’s ability to change the sex designation on their birth certificates, including a quote from Chicago Complex Disputes partner Seth Horvath on the positive impacts of the ruling. The NP team also includes Chicago Complex Disputes partner Tina Solis, partner Tom Hecht, and associate Christina Kurow.
      April 21, 2022
    • Law360

      5 things to know about 7th Circuit Judge Diane Wood

      This article, focusing on Judge Diane Wood’s announcement to take senior status, quotes Chicago Complex Commercial Disputes partner Seth Horvath on the positive impression she left on him after an oral argument on behalf of an appellee client, and how the experience taught him that judges take each case on its own merits.
      Dec 15, 2021
    • The Advocate

      Iowa Medicaid program must cover gender-affirming care, judge rules

      This article on a recent district court ruling in Iowa requiring the state to provide Medicaid coverage for gender-affirmation surgeries to two transgender individuals mentions the firm for the work by Chicago Complex Commercial Disputes partners Seth Horvath, Tina Solis and Tom Hecht as pro bono counsel. The court found that denial of coverage violates both the Iowa Civil Rights Act and the equal protection guarantee of the state’s constitution.
      Nov 24, 2021
    • Law360

      Illinois hit with more suits over pot biz licensing process

      This article mentions Chicago Complex Commercial Disputes partner Seth Horvath for representing ia GP LLC in a suit brought against the state regarding their disqualified application for craft grow and transporter licenses.
      Sep 23, 2021
    • NBC News

      ACLU sues Montana over transgender ID law requiring proof of surgery

      This article covers a lawsuit filed by the ACLU challenging Montana’s Senate Bill 280—a new law requiring transgender individuals to prove they have undergone gender affirming surgery in order to change the gender marker on their identifying documents. The story mentions the firm for the pro bono work by Chicago partners Seth Horvath, Tina Solis and Tom Hecht, of the Complex Commercial Disputes group, who are representing the plaintiffs together with national ACLU and the ACLU of Montana.
      July 16, 2021
    • Law360

      Illinois biometric privacy cases to watch in 2nd half of 2021

      In this mid-year story on the landscape of Illinois’ biometric privacy litigation, Chicago Complex Commercial Disputes partner Seth Horvath is quoted for his outlook BIPA claims and the state’s workers’ compensation law in Marquita McDonald v. Symphony Bronzeville Park LLC.
      July 8, 2021
    • Courthouse News Service

      Iowa sued over denial of Medicaid coverage for sex reassignment

      This story, focusing on ACLU-Iowa’s lawsuit to strike down as unconstitutional the state’s practice of denying Medicaid coverage for medically necessary gender-affirming surgery to transgender Iowans, mentions Chicago Complex Commercial Disputes partners Seth Horvath, Tina Solis, and Tom Hecht for serving as pro bono counsel.
      April 22, 2021
    • Law360

      Biggest Illinois Decisions So Far in 2020: Midyear Report

      This article includes commentary from Chicago Complex Commercial Disputes partners John Ruskusky and Seth Horvath on some of the most noteworthy Illinois decisions thus far in 2020. John discusses a decision related to the Illinois Biometric Information Privacy Act, while Seth comments on a decision regarding parents suing paint makers for children’s lead test costs, as well as a ruling on a record destruction provision in the Chicago police union contract.
      July 16, 2020
    • Law360

      Biggest Illinois Decisions of 2019

      This article includes quotes and legal insights from Chicago Complex Commercial Disputes partners Seth Horvath and Richard Tilghman discussing some of year’s biggest Illinois decisions.
      Dec 19, 2019
    • Chicago Lawyer

      Ready for a fight: Trio of Nixon Peabody attorneys honored by ACLU of Iowa for work representing transgender clients

      This story profiles Chicago Complex Commercial Disputes partners Seth Horvath, Tom Hecht and Tina Solis, who received an honor from the ACLU of Iowa for their years-long representation of two transgender clients who were denied Medicaid coverage for their gender-affirming surgeries.
      Nov 20, 2019
    • The American Lawyer

      Slideshow: Pro bono brought Big Law out in force

      Nixon Peabody is mentioned in this roundup of notable pro bono cases. The article highlights the victory that Chicago Complex Commercial Disputes partners Tom Hecht, Seth Horvath, and Tina Solis, with assistance from associate Bill Kirby and eDiscovery specialist Anders van Marter, won in Iowa Supreme Court in a matter involving Medicaid coverage of gender-affirming surgery for transgender individuals.
      June 26, 2019
    • American Lawyer

      And the LOTW runners up...

      Chicago Complex Commercial Disputes partners Seth Horvath, Tom Hecht and Tina Solis are mentioned in this article as runners-up for AmLaw’s Litigators of the Week award for their win at the Iowa Supreme Court in a matter involving Medicaid coverage of gender-affirming surgery for transgender people.
      March 15, 2019
    • Courthouse News Service

      Iowa justices say Medicaid covers sex-change surgery

      In the following coverage, Chicago partners Tom Hecht, Seth Horvath, and Tina Solis are mentioned in a series of articles covering the Iowa Supreme Court decision in favor of their clients, two transgender women who were denied Medicaid coverage for their gender-affirming surgeries, in violation of the Iowa Constitution and civil rights statutes. Chicago associate Bill Kirby and eDiscovery specialist Anders van Marter were also on the team.
      March 8, 2019
    • Bloomberg Law

      Transgender Medicaid patients notch big win in Iowa

      In the following coverage, Chicago partners Tom Hecht, Seth Horvath, and Tina Solis are mentioned in a series of articles covering the Iowa Supreme Court decision in favor of their clients, two transgender women who were denied Medicaid coverage for their gender-affirming surgeries, in violation of the Iowa Constitution and civil rights statutes. Chicago associate Bill Kirby and eDiscovery specialist Anders van Marter were also on the team.
      March 8, 2019
    • Law360

      State AGs at odds over Google privacy pact at high court

      This article mentions Complex Commercial Disputes partners Chris Mason, Sarah André, Dan Deane and Seth Horvath as counsel for The New York Bar Foundation and The New York State Bar Association in an amicus brief—filed with the United States Supreme Court—in support of the approval by a California District Court, and the Ninth Circuit, of Google’s settlement involving a “cy pres” remedy in a privacy-related case.
      Sep 6, 2018
    • Chicago Daily Law Bulletin

      Panel hears challenge to suburb's gaming licenses

      This coverage notes that Accel Entertainment, a gaming terminal company, took its fight over a west suburb’s $1,000-per machine licensing fee to state appellate court. Chicago partners Seth Horvath and Michael Ficaro are featured in the story and noted as Accel ‘s counsel.
      Nov 11, 2015

    Admitted to practice

    Illinois
    U.S. District Court, Central District of Illinois
    U.S. District Court, Northern District of Illinois
    U.S. Court of Appeals, Sixth Circuit
    U.S. Court of Appeals, Seventh Circuit
    U.S. Supreme Court

    Education

    University of Illinois, B.A., summa cum laude, Bronze Tablet, Phi Beta Kappa
    University of Illinois College of Law, J.D., cum laude, Notes and Comments Editor, University of Illinois Law Review

    Professional activities

    • Board Member and Rules Committee Co-Chair, Appellate Lawyers Association
    • Member, Illinois State Bar Association

    Recognition

    • Selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2023 in the field of Appellate Practice

    Languages

    Spanish

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