Consumer Affairs & Relations

New York -- As shares of his company reached an all-time high, fashion designer and retailer Michael Kors will sell 3 million of his shares as part of a secondary offering of 25 million shares, according to a Tuesday regulatory filing.

Kors' ownership in Michael Kors Holdings Inc. will fall to about 4.8 million shares, or 2.4%, down from 3.9% after the sale.

New York -- OfficeMax Inc. and Office Depot have formally announced an agreement under which the two companies would combine in an all-stock merger that would transform the office supply sector of retail. The merger, which creates a single company with nearly $18 billion in revenue, was unanimously approved by the board of directors of both chains.

While I enjoy reading the annual sales predictions and yearly retail real estate outlook columns published each year, they often have a tendency to get bogged down in the details. When forecasting in the medium- to long-term, it’s often best to focus on the big-picture trends — an approach that not only avoids the all-too-common problem of missing the forest for the trees, but provides important insights about where the industry may be headed, not just in six or 12 months, but in six or 12 years.

New York -- Office Depot and OfficeMax are in talks to merge, according to reports by the Wall Street Journal and Bloomberg.

The retailers are discussing as potential stock swap that would result in a single company with nearly $18 billion in revenue, reports said. The combined company would be better positioned to take on Staples, Walmart and other competitors.

Pittsburgh -- GNC Holdings is bullish on expansion. Reporting impressive results for the fourth quarter, the retailer plans to open approximately 150 net new U.S. stores in 2013, along with 30 net new domestic franchise locations, and 175-200 net new international franchise locations. It also will open 30 net new GNC-Rite Aid store-within-a-store locations.

The apparent advantage online retailers have over their brick-and-mortar counterparts may soon be gone now that new legislation seeking to enforce the collection of sales tax for all retailers has been introduced.

NEW YORK — Jewelry maker Tiffany & Co. is suing Costco Wholesale, alleging that the club retailer falsely marketed diamond engagement rings as coming from the New York-based jeweler, according to published reports.

News media reported that Tiffany filed suit against Issaquah, Wash.-based Costco in the Federal District Court in Manhattan.

New York -- Analysts had already suggested that Wal-Mart Stores Inc. would report weakened sales in February, as its primary customer base felt the pinch of newly increased payroll taxes. But internal emails leaked to the press confirmed the impending bad news.
 
Bloomberg on Friday quoted an email generated by a Wal-Mart mid-level executive as saying that the retailer had the worst sales start to any month in seven years in February. Wal-Mart blames the slow start to the 2% payroll increase as well as on delayed tax returns.

New York -- A Friday report by Bloomberg said that Office Depot is considering selling the remaining 50% of its Mexican unit to Grupo Gigante SAB, which currently owns the other half.

Citing unnamed sources, Bloomberg reported that Grupo Gigante is in talks with local banks to fund the acquisition of Office Depot de Mexico.
 

By Ben Carrasco, litigation associate, Smith, Robertson, Elliott & Douglas, LLP, Austin, Texas,
[email protected]