Theodore L. Banks
Ted Banks has successfully managed business and legal challenges over the course of a 30-year career, including at Kraft Foods, Inc. where he was Chief Counsel - Global Compliance after serving as Associate General Counsel with responsibility for antitrust, general litigation, corporate transactions, sales, legal computer applications, and public policy coordination.
Mr. Banks has extensive experience with corporate litigation, including responsibility for contested mergers, environmental contamination, advertising, insurance coverage, products liability, employment law, consumer protection, and packaging and recycling. He has a national reputation for work in antitrust and was an early proponent of corporate opt-out suits as plaintiff in antitrust litigation, such as Vitamin, Carbon Dioxide, Corrugated Container, Folding Carton, and Citric Acid Antitrust Litigation, recovering more than $100 million. Through his experience in all aspects of the food industry, Mr. Banks has deep familiarity with the regulatory frameworks and state and federal laws governing food manufacture, distribution, sales, and safety.
While at Kraft, Mr. Banks negotiated more than 50 major corporate transactions, including a $19 billion acquisition and an $8 billion IPO. He has advised a 5000 member corporate sales division on pricing, distribution and marketing issues. He developed a global corporate compliance program, including formulation of risk assessment, policy creation, and program development, as well as a records management system with design of document management, electronic discovery, legal hold systems and law department computer applications. He has negotiated numerous contracts for clients covering consulting services, outsourcing, litigation management, licensing, product supply, and contract manufacturing.
Mr. Banks has been a leader in bar and community organizations. He founded and served as first chair of the North Shore Compliance Officers' Roundtable, and is a member of the steering committee of the Chicago Regional Business Ethics Network. He is a member of the Board of Directors of Quorum Federal Credit Union, Keep Chicago Beautiful and the Jewish National Fund, and served as a board member of the Jewish Federation of Metropolitan Chicago. He is also an active member of the American Bar Association and the Society of Corporate Compliance & Ethics.
Mr. Banks received his J.D. from the University of Denver College of Law, where he was Editor-in-Chief of the Denver Journal of International Law & Policy and his B.A. from Beloit College.
Publications:
Treatises:
- Corporate Legal Compliance Handbook, Aspen Law & Business, with F. Banks (editor), 2002, supplements through 2009
- Distribution Law for the Practitioner, Aspen Law & Business - Vol. I, Business & Litigation Aspects (1989, Supp. 1990-96), Vol. II, III, Antitrust Principles & Practice (1993, Supp. 1994-98) Second Edition (1999, Supplements through 2009)
Articles and Chapters:
Antitrust and Compliance:
- Possible Collusive Effects of Category Management, Antitrust Implications of Category Management, ABA Section of Antitrust Law (forthcoming)
- Are You Ready for the Behavioral Antitrust Approach?, with U. BenOliel, Bloomberg Law Reports: Antitrust & Trade (forthcoming)
- The Law of Antitrust Conspiracy in Trouble, Bloomberg Law Reports: Antitrust & Trade (forthcoming)
- Sentencing Commission Proposals and Business Reality: Records Management Does Matter in Compliance - and Business - Risk, Bloomberg Law Reports: Risk & Compliance (May 2010)
- Why Your Company Should Embrace Social Media, Now! Law Technology News (May 2010)
- Are you a Competitive Wannabe? If So, The Robinson-Patman Act Probably Is Not Going to Help You, Bloomberg Law Reports: Antitrust & Trade (April 2010)
- Dominant-Firm Counseling in the Internet Era: Are You A Daredevil or A Fuddy-Duddy?, The Antitrust Counselor (ABA Antitrust Section) (March 2010)
- Keep It Simple: Take The Perspectives of Employees, Not Lawyers, Law Technology News (Feb. 2010)
- General Counsel as CCEO? Not an Obvious Answer, Compliance and Ethics Magazine (June 2009)
- Compliance in Times of Crisis, Society of Corporate Compliance and Ethics (April 2009)
- Compliance On-Screen, Compliance and Ethics Magazine (Oct. 2007, with G. Stavrou)
- Recent Trends in Internal Investigations, ACC Docket (April 2007, with S. Lassar and T. Giller), winner of Apex Award of Excellence for Feature Writing
- Getting Your Client Prepared for That Deal, 22 The Antitrust Counselor 3 (April 2005)
- The Pros & Cons of Using Computer-Based Training for Antitrust Compliance, Antitrust Compliance: Perspectives and Resources for Corporate Counselors, American Bar Assn. (2005)
- On-Line Antitrust Compliance Training (edited transcript), The Antitrust Source (Jan. 2004)
- Antitrust Liability for Category Management and Other New Merchandising Techniques: Have You Updated Your Counseling? The Antitrust Source 1 (March 2003)
- Are You Still Using the “Blunderbuss” Approach to Antitrust Compliance? ABA Corporate Counseling Report (Summer 2002)
- A Robinson-Patman Case Study, 10 Antitrust 11 (Summer 1996)
- On-Line Antitrust Forum Moderator, Counsel Connect (1993- 1998)
- Using Technology to Teach Effective Antitrust Compliance, 9 Antitrust 37 (Summer 1995)
automation:
- Why Your Company Should Embrace Social Media, Now!, Law Technology News (May 2010)
- Call to Disarm, Law Technology News, with Jim Mittenthal (October 2009)
- I Hate Technology, Law Technology News (February 2009)
- Are You on Top of Your Electronic Communications? 1 In-House Practice & Management 8 (November 1997)
- Computers Can Help You to Manage Outside Counsel, 39 Prac. Law. 25 (September 1993)
- The Computer in the Corporate Law Department, in From Yellow Pads to Computer -- the Lawyer in Control, American Bar Association (1st ed. 1987; 2d ed. 1991)
- Time to Upgrade Your Setup? ABA Business Lawyer’s Computer News (Spring/Summer 1990)
- Is PBX for You? ABA Corporate Dispatch (Spring 1990)
- Communications: The Next Step for Law Department Automation, ABA Business Lawyer’s Computer News (Fall 1989)
- Laptops in the Air, ABA Corporate Dispatch (July 1989)
- Keeping Those Old PCs Alive, ABA Business Lawyer’s Computer News (Summer 1989)
- New Product Reviews, ABA Corporate Law Department User Group Newsletter (Spring 1988; Fall 1987)
- Making the Most of the Small or Solo Department, ABA Corporate Law Department Handbook (1987)
Representative Cases:
- Nash County Board of Education v. Biltmore Co., 640 F.2d 484 (4th Cir.), cert. denied, 454 U.S. 878 (1981) (res judicata)
- New York v. Kraft General Foods, Inc., 926 F. Supp. 321 (S.D.N.Y. 1995) (antitrust challenge of acquisition)
- Dart Industries v. Plunkett Co., 704 F.2d 496 (10th Cir. 1983) (distributor termination)
- Dairy King v. Kraft, Inc., 645 F. Supp. 126 (D. Md. 1986), aff’d., 851 F.2d 356 (4th Cir. 1988) (promotional allowances)
- Colombo, Inc. v. Dart & Kraft, Inc., 1981-2 Trade Cas. ¶ 64,409 (D. Mass. 1981) (promotional allowances)
- L.B.G. Distributors, Inc. v. Kraft, Inc., No. 77-193 (D. Ct. Nov. 20, 1980) (refusal to deal)
- Emhart Industries, Inc. v. Duracell International, Inc., 645 F. Supp. 549 (M.D. Tenn. 1987) (PCB contamination)
- White Consolidated Industries, Inc. v. Whirlpool Corp., 619 F. Supp. 1022 (N.D. Ohio. 1985), aff’d., 781 F.2d 1224 (6th Cir. 1986) (antitrust challenge to acquisition)
- Studiengesellschaft Kohle m.b.H. v. Dart Industries, Inc., Civ. A. No. 3952-CMW (D. Del. Aug. 13, 1987), aff’d., 862 F.2d 1564 (Fed. Cir. 1988) (patent infringement)
- United States v. Stringfellow, 661 F. Supp. 1053 (C.D. Cal. 1987) (Superfund)
- United States v. Carolawn Co., 698 F. Supp. 616 (D.S.C. 1987) (Superfund)
- Knevelbaard Dairies, Inc. v. Kraft Foods, Inc., 232 F.3d 979 (9th Cir. 2000) (antitrust – price fixing)
- Servais v. Kraft Foods, Inc., 252 Wis.2d 145, 643 N.W. 2d 92 (Wisc. 2002) (antitrust filed-rate doctrine)
- Dart Industries v. Commercial Union Insurance Co., 28 Cal. 4th 1059 (2002) (insurance coverage)
- TRW v. Dart Industries, No. 84 C 3049 (N.D. Ill. 1986) (disclaimer of warranty)
- Dart Industries DES Litigation (drug-related birth defects)
Bar and Community Activities:
- Coordinator, North Shore Compliance Officers’ Roundtable (2006-present)
- Board Member/Treasurer, Keep Chicago Beautiful (Keep America Beautiful Affiliate) (1987-present)
- ABA Antitrust Section, Canadian Sentencing Working Group (2008)
- President, Chicago Region, Jewish National Fund (2003-2007)
- Board Member, Jewish Federation of Metropolitan Chicago (2001-2007)
- ABA TechShow, Corporate Track Coordinator (1997-2000)
- ABA Business Law Section, Corporate Counsel Committee, Technology Subcommittee Chair (1997-1999)
- ABA Law Practice Management Section, Chairman, Business Interest Group (1993-1998)
- Business Roundtable, Lawyers Antitrust Advisory Committee (1984-1998)
- Chairman, ABA Law Practice Management Section Corporate Law Department User Group (1986-1989, 1994-1996)
- Illinois Business Roundtable, Environmental Task Force (1990-1995)
- ABA Antitrust Section, Membership Chair (1989-1991)
- Corporate Division, Annual Meeting Committee (1986-1990)
- Young Lawyer Liaison to Section Council (1985-1989)
- Chairman, ABA National Institute on Distribution Law (December 1983; January 1986; February 1989)
- Program Chairman, BMW Car Club of America, Chicago Chapter (1983-1988)
- Member, Joint Task Force of ABA Antitrust and International Law Sections on Department of Justice Antitrust Guidelines for International Operations (1988)
- Chairman, ABA Antitrust Section, Subcommittee on Foreign Antitrust Laws (1981-1984)
- Member, Antitrust Section Task Force on Corporate Law Departments (1983)
- Chairman, Antitrust Committee, ABA Young Lawyers Division (1981-1983)
- Board of Advisors, Denver Journal of International Law & Policy
- Board of Editors, In-House Practice & Management
- Advisory Board, Amlaw Legal Tech Seminar
Speaking Engagements & Teaching (2009-2010)
- Adjunct Professor, Corporate Compliance, Loyola University (Chicago) Law School
- Integrating Legal Requirements into Business Procedures, Annual Ethics & Compliance Conference, Ethics & Compliance Officer Association (Anaheim, Sept. 2010)
- Modern Antitrust Compliance, Society of Corporate Compliance & Ethics Annual Conference, Annual Compliance Institute (Chicago, Sept.2010)
- Corporate Compliance and Ethics, PLI Antitrust Institute 2010 (Chicago, June 2010)
- Chairman, PLI Corporate Compliance and Ethics Institute (Chicago, May 2010)
- Ethics Issues in Global Antitrust Compliance, Chicago Forum on International Antitrust Issues, Northwestern University Law School (May 2010)
- Why Corporate Culture is the Only Thing that Matters in Compliance & Ethics, Blue Cross & Blue Shield Association Anti-Fraud, Compliance and Ethics Conference (New Orleans, May 2010)
- Setting the Stage for Your New Compliance Program, Society of Corporate Compliance & Ethics Regional Conference (Chicago, April 2010)
- Up the Ladder Reporting and SOX: Not Enough, University of Denver Sturm College of Law (Denver, April 2010)
- Doing Ethical Business in Europe, Incisive Media General Counsel Conference (New York, June 2009)
- Implementing Antitrust Compliance Programs, PLI 50th Annual Antitrust Institute (Chicago, June 2009)
- Chairman, PLI Corporate Compliance and Ethics Institute (Chicago, May 2009)
- Lecturer, Practical Issues in Business Law, Northwestern University School of Law (Chicago, April 2009)
- In-House Counsel, Compliance Officers & Ethical and Practical Obligations, University of Denver Seminar, Corporate Collapse: Regulatory and Criminal Issues in Corporate America (Denver, April 2009)
- Corporate Governance That Works, University of Denver College of Law Masters Lecture (Denver, April 2009)
- Corporate Legal Compliance in 2009: Are You Ready to Deal with Today’s Risks? Aspen Publishers/Wolters Kluwer (Webcast, March 2009)
