Eliot A. Adelson

Eliot A. Adelson, a Morrison Foerster partner, has earned a reputation for successfully handling complex legal disputes for a diverse international client base. His clients span various industries and geographies, relying on his expertise for civil and criminal antitrust litigation and internal and government investigations.

Adelson represents Jean-Paul Van Avermaet, former CEO of G4S Belgium and CEO of Colmar Group, in an international cartel case brought by the DOJ’s antitrust division. The indictment against Van Avermaet challenges the reach of the Foreign Trade Antitrust Improvement Act (FTAIA), with implications for jurisdiction over foreign commerce and the sovereignty of other nations. U.S. v. Series Security NV et al., 1:21-cr-00443 (D D.C., filed June 29, 2021).

Adelson has raised significant issues regarding government overreach and the interpretation of FTAIA, highlighting the complexities in asserting jurisdiction over wholly foreign commerce.

“The United States claims that the FTAIA is an ‘on-off switch’ that provides the court with jurisdiction over all conduct, so long as some conduct in the indictment falls within the Sherman Act,” Adelson said. “But courts and DOJ policy require an examination of whether the commerce placed at issue in the indictment falls within the scope of the Sherman Act and is not precluded by the FTAIA.

A significant challenge in this litigation has been the government’s initial reluctance to obtain and produce relevant documents from foreign entities despite claiming jurisdiction over the foreign conduct.

“So, on the one hand, the government is prosecuting Mr. Van Avermaet for foreign conduct notwithstanding the FTAIA’s limitations, and on the other hand, the government has tried to avoid responsibility to find and produce documents regarding that conduct,” Adelson said. “Only after argument on a motion to compel has the government now agreed to request and search for these clearly relevant documents.”

The case is awaiting trial.

In another of his ongoing cases, Adelson represents Nexstar Media Group, Inc. The DOJ investigated Nexstar and other broadcasters for allegedly exchanging competitively sensitive information and artificially inflating prices in the broadcast television spot advertisement market over five years. In re: Local TV Advertising Antitrust Litigation, 1:18-cv-06785 (N.D. Ill., filed Oct. 9, 2018).

Although Nexstar entered into a consent decree with the DOJ, admitting no wrongdoing and paying no fines, the civil litigation following this involves significant allegations of price fixing and information exchange among leading broadcasters. Adelson’s role involved handling extensive discovery, briefing dispositive motions and coordinating with a large defense group and expert economists.

Beyond his legal practice, Adelson is actively involved in community service and professional organizations. He leads a monthly legal clinic for senior citizens in Contra Costa County and has worked with organizations like the ACLU Foundation of Northern California and the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area.