Mergers & Acquisitions

New York – Former Duane Reade CEO Anthony Cuti and CFO William Tennant failed in an attempt to have their 2010 convictions for securities fraud overturned. The Second U.S. Circuit Court of Appeals in New York upheld a June 2010 federal jury decision to find Cuti and Tennant guilty of providing misleading earnings information to shareholders and private equity group Oak Hill Capital partners, which purchased Duane Reade in 2004, between 2000 and 2004.

ZEELAND, Mich. — Office furniture manufacturer Herman Miller posted strong fourth quarter results and offered an indication that demand may finally pick up for other segments of the office products world. 

The company reported net sales for the quarter ended June 1 of $460 million, an increase of 9.3% from $420.7 the same quarter last fiscal year. For the full fiscal year, net sales were $1.8 billion, reflecting a year-over-year increase of 2.9% from $1.7 billion. 

New York – Investment firm Starboard Value, a shareholder in Office Depot, is foregoing a preliminary consent solicitation it filed against Office Depot in April in light of an order by the Delaware Chauncery Court for Office Depot to hold its annual meeting. Starboard Value had been pressing Office Depot to hold its annual meeting and commenced a consent solicitation to remove several existing directors in favor of Starboard's nominees.

Matthews, N.C. – A lawsuit filed against Family Dollar by Pipefitters Local No. 636 alleging that Family Dollar violated federal securities laws has been voluntarily dismissed by the plaintiff. Family Dollar had petitioned to have the suit dismissed, but Pipefitters Local No. 636 abandoned its claims before the court made a ruling. Family Dollar said it did not pay any money or make any concessions in relation to the claim being dropped.

Fremont, Calif. – In another twist to the ongoing Men’s Wearhouse-George Zimmer saga, Reuters reports that Men’s Wearhouse founder and former executive chairman Zimmer is contemplating trying to recapture his position as executive chairman through such means as a buyout attempt with private equity backing or rallying the support of shareholders. Neither Zimmer nor Men’s Wearhouse has officially commented, but Zimmer is reportedly consulting advisers, including his legal counsel, Cooley LLP.

DEERFIELD, Ill. — Walgreens cited a challenging economy and low front-end comparable store sales for its weaker than expected third quarter results. 

The company has therefore initiated a three-point plan to boost front-end performance as the company shifts its Balance Rewards customer-acquisition focus into second gear with a greater emphasis on redemption and rewards. 

Deerfield, Ill. – Walgreens posted gains in sales and earnings during its fiscal third quarter 2013, but still came in below the expectations of Wall Street analysts. Earnings rose 16% to $624 million from $537 million in the third quarter of fiscal 2012. However, excluding certain items, analysts had expected earnings of close to 30 cents a share higher for the quarter.