Kraft

News & Analysis as of

Mondelez FCPA Enforcement Action — An Abuse of Prosecutorial Discretion?

The first FCPA enforcement action for 2017 landed with very little fanfare. The SEC reached a settlement with Mondelez International for $13 million. The facts surround the hiring of an agent in India and the failure of...more

Mondelez Agrees to Pay $13 Million to Settle FCPA Charges Related to Alleged Bribery in India

On January 6, 2017, the U.S. Securities and Exchange Commission (“SEC”) announced that Illinois-based multinational confectionery company Mondelez International Inc. and its subsidiary Cadbury agreed to settle Foreign Corrupt...more

A Company Must Do Compliance – The Mondelez FCPA Enforcement Action

In almost every Foreign Corrupt Practices Act (FCPA) enforcement action, there are nuggets to be gleaned for any Chief Compliance Officer (CCO) or compliance practitioner. All one has to do is look for them. Back in 2012,...more

California Court Denies Stay of Consumer Class Action Challenging “Natural Cheese”

On December 6, 2016, United States District Judge John A. Kronstadt for the Central District of California denied a motion to stay a class action alleging violations of the UCL, FAL, and CLRA against Kraft Foods Group, Inc....more

Is the Eastern District of Texas’ Reign as the Busiest Patent Court in the Country About to End?

The Supreme Court has agreed to hear argument in a case—TC Heartland LLC v. Kraft Food Brands Group LLC, No. 16-341—that may lead to significant restrictions on where patent infringement cases can be filed. The Federal...more

Supreme Court to Hear Patent Venue Case

The plot just thickened in the long-running debate over where patent cases should be litigated. Yesterday the U.S. Supreme Court agreed to review the Federal Circuit’s decision in TC Heartland LLC v. Kraft Foods, in...more

Your Daily Dose of Financial News

As anticipated, the Fed raised its benchmark interest yesterday (for only the second time since the 2008 financial crisis) to somewhere between .5 and .75 percent and, perhaps more critically, revealed its expectation for...more

Your daily dose of financial news - The Brief – 7.1.16

Yesterday, Hershey rejected Kraft spinoff Mondelez’s $23 billion takeover offer, but the dealmaking efforts may not be over. The success of any increased offer lies in the hands of the Hershey Trust Company, a charitable...more

In re: TC Heartland LLC: Status Quo for Venue Selection in Patent Suits (For Now)

The Federal Circuit, in In re: TC Heartland LLC (No. 2016-105), recently issued an opinion denying TC Heartland’s petition for a writ of mandamus to direct the U.S. District Court for the District of Delaware to either...more

Federal Circuit Rejects Attempt to Limit Venue in Patent Cases

With venue for patent cases being a subject of great debate across the nation, the Federal Circuit was asked to reconsider its position on the matter but ruled on April 29, 2016, to maintain the status quo. The current...more

In re TC Heartland (Fed. Cir. 2016)

"You Can Arrange the Menu, the Venue, the Seating" The above slightly-modified quote is from a lyric sung by Thomas Jefferson in the Tony-award nominated musical "Hamilton" (with apologies to Lin Manual Miranda) -- the...more

Federal Circuit Denies TC Heartland’s Petition to Change the Venue Standard, Renewing Interest in Congressional Venue Reform

Last week, a Federal Circuit panel rejected TC Heartland’s Petition for Mandamus to direct the United States District Court for the District of Delaware to either dismiss or transfer the patent infringement suit filed against...more

Venue for Patent Infringement Cases is Well Established; a Corporate Defendant can be Sued Wherever it Can be Found

In In re TLC Heartland LLC, [2016-0105] (April 29, 2016), the Federal Circuit denied Heartland petition for mandamus directing the District of Delaware to either dismiss or transfer the patent infringement suit brought by...more

NJ Tax Court Denies Interest Addback Exception - Does Your Company Still Qualify?

In a decision published April 26, 2016, the New Jersey Tax Court in Kraft Foods Global Inc. v. Director, Div. of Taxation ruled that a taxpayer couldn’t deduct interest paid to its corporate parent. The taxpayer’s...more

Patent Venue Legislation Could Have A Dramatic Impact on Popular Patent Venues

This March, three United States Senators introduced the “Venue Equity and Non-Uniformity Elimination Act of 2016.” The bill would dramatically narrow the venue statute that applies to patent cases and, it appears, prevent...more

Intellectual Property Advisory: Venue Is Where the TC Heartland Is

On Friday, March 11, 2016, the Federal Circuit heard oral arguments in In re TC Heartland, LLC on the issue of venue in patent cases in light of the Federal Courts Jurisdiction and Venue Clarification Act of 2011 amendments...more

Forum Shopping in Patent Litigation

This month, both the Federal Circuit and the Senate Judiciary Committee took up the issue of “forum shopping” in patent infringement suits. Right now, a patent plaintiff can essentially file suit in the district court of its...more

Your daily dose of financial news The Brief – 3.21.16

Major home-improvement news this weekend, as Sherwin-Williams put up more than $9 billion to purchase Minneapolis-based Valspar. The deal’s expected to close within a year, pending approval from regulators and Valspar’s...more

Could the Eastern District of Texas’s Reign Come to an End?

It has become a patent litigation trope, discussed at every Silicon Valley water cooler, that patent litigation is broken because all patent cases are tried in the plaintiff-friendly Eastern District of Texas. While this...more

Court Construes Claims Regarding Beverage Concentrates And Packaging

Kraft Foods Group Brands LLC v. TC Heartland, LLC, C.A. No. 14-028 - LPS, March 7, 2016 - Stark, C. J. Court considers 7 terms from 3 patents in Markman proceedings. A hearing was held on January 5, 2016 and post-hearing...more

Bridging the Week - February 2016 #2

Two Broker-Dealers to Pay US $154 Million to the State of NY and the SEC to Resolve Allegations of Wrongdoing by Their Dark Pools: Barclays Capital Inc. and Credit Suisse Securities settled allegations by the Securities and...more

Bridging the Week - January 2016 #4

Kraft Foods Seeks to Appeal Trial Court Ruling on CFTC Manipulation Theories: Kraft Foods Group, Inc. and Mondelez Global LLC requested permission from the federal court hearing the enforcement action by the Commodity Futures...more

The CFTC, SEC and Market Manipulation

Open market manipulation cases present difficult issues regarding what constitutes market manipulation. Regulators, such as the SEC, CFTC and FERC, tend to focus on the element of intent. Defendants frequently argue that the...more

"CFTC Aims to Lower the Bar on Proving Manipulation in Pending Cases"

In two separate Commodity Futures Trading Commission (CFTC) enforcement actions before district courts in New York and Chicago, the CFTC has asked each court to adopt holdings that would significantly enhance the CFTC’s...more

CFTC Beats Kraft’s Motion to Dismiss on Novel Claim

In the first case of its kind, the CFTC accused Kraft Food Groups, Inc. and former parent Mondelez Global LLC with manipulation pursuant to Section 6(c)(1) of the Commodities Exchange Act and related Regulation 180.1....more

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