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Robin Adelstein

Head of Antitrust and Competition, United States

Robin Adelstein

New York

T:+1 212 318 3108

Robin is the US Head of our Antitrust and Competition practice group. 

Robin's pragmatic approach to the practice of law is informed by her experience, having served as in-house antitrust and litigation counsel at Swiss healthcare company Novartis and UK alcohol beverage leader Diageo before becoming North American General Counsel of Sandoz, the generics and biosimilars division of Novartis.  

Whether involving pharmaceuticals, consumer products or other industries, Robin has advised her clients on a wide variety of issues and directed material litigation and government investigations to positive results.  As a former General Counsel of a multibillion-dollar company, Robin knows first-hand the importance of providing prompt, accurate and practical advice on legal and compliance issues, particularly in the context of balancing complex business objectives.  Robin also understands the challenges with managing outside counsel, having redesigned and run the Novartis Preferred Firm Program globally.  

Robin litigates complex, commercial disputes, class actions and multi-jurisdictional cases before US federal and state courts, and represents clients in government enforcement actions by the Federal Trade Commission and Department of Justice, as well as the HHS Office of the Inspector General.  She has defended clients in qui tam matters in many locales and in investigations and litigation by numerous State Attorneys General.  Robin also advises companies with respect to the antitrust issues arising in mergers and acquisitions, joint ventures, trade association activities, distribution practices, pricing programs and other aspects of competitor and customer communications and associations.

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  • Education

    JD, NYU School of Law, 1987
    AB, magna cum laude
    , Economics (with honors) and Political Science, Colgate University, Phi Beta Kappa, 1984

    Robin is admitted to practice before the United States Supreme Court, the United States Courts of Appeal for the Second, Third and Federal Circuits, the United States Court of Federal Claims, the United States District Court for the Southern District of New York and in the State of New York.
  • Representative experience

    Noteworthy representations have included the following:

    • Represent disposable contact lens manufacturer in putative antitrust class actions consolidated in multidistrict litigation in the United States District Court for the Middle District of Florida.  The plaintiffs allege horizontal price fixing among contact lens manufacturers and vertical resale price maintenance purportedly in violation of the Sherman Act and state antitrust laws.
    • Representing global pharmaceutical company in putative antitrust class action consolidated in multidistrict litigation in the United States District Court for the Eastern District of Pennsylvania.  The plaintiffs allege that generic drug manufacturers have colluded to fix, stabilize and raise prices and allocate markets of generic drugs purportedly in violation of the Sherman Act and state antitrust laws. 
    • Represented pharmaceutical company in its Medicaid pricing fraud litigation brought by state attorneys general and a federal qui tam relator.  Successfully obtained reversals by the Alabama Supreme Court overturning a multimillion-dollar jury verdict and by the Kentucky Court of Appeals overturning a multimillion-dollar jury verdict.
    • Represented pharmaceutical companies and individuals in breach of contract and securities fraud litigation brought by representative of former shareholders of acquired entity.  Successfully obtained dismissal on constitutional standing grounds of securities fraud claims and pendent state law claims.
    • Represented pharmaceutical company in securities litigation challenging a multibillion-billion acquisition.  Successfully obtained dismissal on forum non conveniens grounds of putative class action litigation.
    • Represented pharmaceutical company in derivative litigation against it and current and former officers and directors.  Successfully obtained dismissal on the basis that plaintiff lacked standing under Swiss law to bring a derivative suit and that even if the plaintiff did have standing it would be subject to dismissal on forum non conveniens grounds.
    • Represented pharmaceutical company in putative class action litigation challenging the settlement of patent litigation on antitrust grounds, so-called "reverse payment settlement" cases.
    • Represented pharmaceutical company in settlement of investigation by the Office of the Inspector General into drug price reporting to the Medicare program.
    • Represented pharmaceutical company in successfully resolving multibillion-dollar confidential arbitration.
    • Represented alcohol beverage company in litigation challenging a contractual change of control provision which allegedly arose as a result of a merger.
    • Represented alcohol beverage company in distributor termination litigation.
    • Represented alcohol beverage company in successfully obtaining dismissal of a class action litigation alleging that the alcohol beverage industry marketing targeted underage consumers
    • Advised alcohol beverage companies on issues relating to their marketing and promotional programs and crafted alcohol beverage social responsibility programs.
    • Led team responsible for overseeing North American legal aspects of very successful major spirits and wine company acquisition, including managing integration activities.
  • Admissions
    • New York State Bar
  • Rankings and recognitions
    • Legal 500 USA, recommended lawyer, Antitrust - Civil litigation/class actions, The Legal 500, 2016, 2018
    • Legal 500 USA, recommended lawyer, Dispute resolution - International litigation, The Legal 500, 2016
    • Legal 500 USA, recommended lawyer, Industry focus - Healthcare - life sciences, The Legal 500, 2016
    • Legal 500 USA, recommended lawyer, Industry focus - Healthcare - service providers, The Legal 500, 2016
  • Publications
    • Co-author, "The FTC eyes settlement agreements that restrict rivals' online search terms," Norton Rose Fulbright Legal Update, November 27, 2018. This was also circulated on International Law Office. 
    • Co-author, "How Pharma Cos. Can Shape The Drug-Pricing Landscape," Law360, Oct. 25, 2016
    • Quoted in, "Making The Move In-House? Avoid These Rookie Mistakes," Law360, June 20, 2016
    • Co-author, "Key Securities Litigation Issues For Life Science Cos.," Law360, March 1, 2016
    • Corporate Counsel Interview, Global Competition Review, Vol. 13 Issue 5, May 2010
    • Author, "Pre-merger Gun Jumping and Information Exchanges: An In-House Counsel Perspective," ABA Antitrust Section, Corporate Counseling Report, Spring 2002
    • Member, Editorial Board, ABA Antitrust Section, Antitrust Law Developments, 4th ed. 1997
    • Vice Chair & Co-Author, ABA Antitrust Section, Monograph No. 22, Predatory Pricing, 1996
    • Author, predatory pricing section, ABA Antitrust Section, Antitrust Law Developments, 3d ed. 1992
    • Author, predatory pricing section, ABA Antitrust Section, Federal and State Pricing Discrimination Law, 1991
    • Editor, ABA Antitrust Section, Sherman's Summations, 1991
  • Speaking engagements
    • Moderator, Norton Rose Fulbright US LLP Roundtable Discussion, "Hipster Antitrust – What's All the Hoopla About?", November 2018
    • Presenter, Lexis/Nexis National Webinar, "Blockchain and Algorithms:  Antitrust in the Digital Age," November 2018
    • Presenter, Norton Rose Fulbright US LLP Women's Life Sciences Summit, Panel Discussion, "Breaking the Cycle of Underrepresentation at the Highest Levels," October 2018
    • Moderator, Norton Rose Fulbright US LLP Roundtable Discussion, "Psychology of the Rogue Employee," November 2017
    • Presenter, Norton Rose Fulbright LLP UK & European Life Sciences Academy, Panel Discussion, "Competition and Pricing Issues," November 2017
    • Presenter, Norton Rose Fulbright US LLP Women's Life Sciences Summit, Panel Discussion, "Pharma and Antitrust:  Trends and Hot Topics," October 2017
    • Moderator, Norton Rose Fulbright US LLP Women's Life Sciences Summit, Panel Discussion, "The Role of the General Counsel in Risk Management: How to Create an Ethical Culture and Reduce Risk," October 2016
    • Moderator, Norton Rose Fulbright LLP UK & European Life Sciences Academy, Panel Discussion, "The Role of General Counsel & Compliance in Risk Management:  How to Create an Ethical Culture and Reduce Risk," October 2016
    • Presenter, Association of Corporate Counsel "Back to School" CLE Symposium, "Managing Litigation from the Inside out:  How to Ensure the Best Results for the Client," August 2016
    • Presenter, Norton Rose Fulbright US LLP Web Seminar, "Life Sciences Securities Litigation and Enforcement Issues," May 2016
    • Presenter, American Conference Institute's 10th Advanced Forum on FCPA & Anti-Corruption for the Life Sciences Industry, "Data Privacy Issues in FCPA Investigations," April 2016
    • Presenter, American Health Law Association, Web Seminar, "What's New in Health Care Antitrust: Multiregional Networks, Physician Acquisitions, and Vertical Theories of Harm," March 2016
    • Presenter, Norton Rose Fulbright US LLP Twelfth Annual Health Law Symposium, "Current Issues in Healthcare Antitrust," January 2016
    • Presenter, ABA Section of Antitrust Law, Panel Discussion, "Structural and Behavioral Remedies in Pharmaceutical Mergers: EU v. US," October 2015
    • Presenter, Norton Rose Fulbright US LLP Minneapolis Healthcare Update, "Off-label Marketing Regulations and Enforcement: Implications of the Caronia and Amarin Rulings," October 2015
    • Presenter, Norton Rose Fulbright US LLP Web Seminar, "Off-label Marketing Regulations and Enforcement: Implications of the Caronia and Amarin Rulings," September 2015
    • Presenter, NYS Bar Association Antitrust Law Section Annual Meeting, Panel Discussion, "The Dispute Over 'Reverse Payment' Settlements in Pharmaceutical Cases: Will the Supreme Court Have a Cure?," January 2013
  • Memberships and activities
    • Executive Board, New York State Bar Association Antitrust Law Section, 2012 - Present
    • Antitrust and Trade Regulation Committee, New York City Bar Association, 2015 - Present
    • ABA Antitrust Section, 1985 - Present
    • Vice Chair, ABA Antitrust Section, Robinson-Patman Act Committee, 1997 - 2000
    • Vice Chair, ABA Antitrust Section, Sherman Act Section 2 Committee, 1994 - 1997