Robin Adelstein

Global Head of Antitrust and Competition
Norton Rose Fulbright US LLP

New York
United States
T:+1 212 318 3108
Washington DC
United States
T:+1 202 662 0200
New York
United States
T:+1 212 318 3108
Washington DC
United States
T:+1 202 662 0200
Robin Adelstein

Robin Adelstein

vCard

Biography

Robin Adelstein is Norton Rose Fulbright's Global and US Head of Antitrust and Competition.

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 U.S. Federal Trade Commission and U.S. 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.


Professional experience

Expand all Collapse all

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

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

  • District of Columbia Bar
  • New York State Bar

Noteworthy representations have included the following:

  • 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. 
  • Representing global company in litigation pending in New York State Supreme Court alleging breach of contract and fraud claims relating to the purchase of a medical diagnostic and testing equipment business.
  • Representing alcohol beverage distributor in antitrust litigation pending in the Northern District of Oklahoma alleging a per se group boycott, monopolization and attempted monopolization in violation of the Sherman Act. 
  • Represented global pharmaceutical company in ICC arbitration for breach of a license and commercialization agreement based on respondent's failure to use commercially reasonable efforts to commercialize the pharmaceutical product.  Obtained complete award, including damages, termination of the license agreement, and an injunction requiring return of the pharmaceutical product. 
  • Represented pharmaceutical manufacturer in successful dismissal of antitrust litigation in the United States District Court for the Eastern District of Pennsylvania alleging violations of the Sherman Act and state antitrust laws.  The plaintiff claimed that defendants allegedly maintained an unlawful monopoly over an orphan drug by preventing plaintiff from acquiring samples in order to manufacture a generic equivalent. 
  • Represented 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 alleged horizontal price fixing among contact lens manufacturers and vertical resale price maintenance 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 global 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 global company in securities litigation challenging a multibillion-billion acquisition.  Successfully obtained dismissal on forum non conveniens grounds of putative class action litigation.
  • Represented global 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 global 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.
  • The Best Lawyers in America, Antitrust Law, Best Lawyers, 2021
  • New York Metro Super Lawyer, Antitrust Litigation, Thomson Reuters, 2020-2021
  • Distinguished Leader, New York Law Journal, 2020 (Link to Q&A - subscription required)
  • BTI Client Service All-Star, The BTI Consulting Group, Inc., 2020
  • "Notable Women in Law," Crain's New York Business, Crain Communications Inc., 2019
  • Legal 500 USA, recommended lawyer, Antitrust - Civil litigation/class actions, The Legal 500, 2016, 2018 - 2020
  • Legal 500 USA, recommended lawyer, Antitrust - Merger control, The Legal 500, 2019 - 2020
  • Legal 500 USA, recommended lawyer, Industry focus - Healthcare - life sciences, The Legal 500, 2016, 2019
  • Co-author,  "US:  Settling Class Actions," The Settlements Guide, Global Competition Review Insight, 2021
  • Co-author, "The New US Antitrust Administration:  What's Old is New Again," Concurrences No 1, 2021
  • Co-author, "Enhancing the 'Carrot': A Practical Perspective on DOJ Credit For Antitrust Compliance," Competition Policy International, November 21, 2019
  • Co-author, "California's legislature passes bill enhancing antitrust scrutiny of patent settlements," Norton Rose Fulbright Legal Update, October 31, 2019.  This was also circulated on International Law Office.
  • Co-author, "Enhancing the 'carrot': DOJ announces changes to its antitrust compliance program policy," Norton Rose Fulbright Legal Update, July 2019.  This was also circulated on International Law Office.
  • Co-author, "FBI and ACCC commit to sharing antitrust enforcement expertise,"  Norton Rose Fulbright Legal Update, April 2019. This was also circulated on International Law Office.
  • 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
  • Moderator,  Norton Rose Fulbright On-demand Webinar Series | Competitive edge:  The European Commission's once-in-a-decade review of EU rules on vertical agreements and how these changes impact business, February 3, 2021
  • Moderator,  Norton Rose Fulbright On-demand Webinar Series | Competitive edge: Recent developments in antitrust prosecutions of no-poach and wage fixing agreements related to labor practices in Canada and the US, December 16, 2020
  • Moderator,  Norton Rose Fulbright On-demand Webinar Series | Competitive edge: Global Class Actions, August 19, 2020
  • Moderator,  Norton Rose Fulbright On-demand Webinar Series | Competitive edge: Developments in global merger control and foreign direct investment review, July 1, 2020
  • Moderator, Panel Discussion:  New York State Bar Antitrust Law Section Webinar:  "Should we change our approach to single-firm behavior?  Three U.S. Senators think so," May 27, 2020
  • Moderator, Norton Rose Fulbright Webinar, "Around the world in 60 minutes:  a global perspective on COVID-19's impact on antitrust and competition law," April 2020 
  • Interviewee, Women in the Law on the Record Podcast: Interviewed as part of a series of interview-based podcasts spotlighting women in all stages of their legal careers across the country.  https://www.linkedin.com/feed/update/urn:li:activity:6622879967799758848, aired on January 14, 2020
  • Guest Lecturer, New York University Stern School of Business, Public Policy and Business Strategy, "Complying with U.S. Antitrust Laws," November 2019
  • Presenter, Norton Rose Fulbright US LLP Women's Life Sciences Summit, Panel Discussion, "Hot Topics in Life Sciences Antitrust," October 2019
  • Moderator, Norton Rose Fulbright US LLP 2nd Annual Silicon Valley International Legal Conference, "Regulatory Investigations," October 2019
  • 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
  • Antitrust and Trade Regulation Committee, New York City Bar Association, 2015 - Present
  • ABA Antitrust Section, 1985 - Present
  • Executive Board, New York State Bar Association Antitrust Law Section, 2012 - 2017
  • Vice Chair, ABA Antitrust Section, Robinson-Patman Act Committee, 1997 - 2000
  • Vice Chair, ABA Antitrust Section, Sherman Act Section 2 Committee, 1994 - 1997