Legislative, Regulatory & Legal

Payless ShoeSource filed for Chapter 11 bankruptcy protection amid growing competition from off-price retailers and online.

The retailer, which has some  4,400 locations in more than 30 countries, plans to immediately close nearly 400 stores in the United States and Puerto Rico as it attempts to boost its balance sheet and restructure its debt load.

This week, the Senate Judiciary Committee considered the nomination of Judge Neil Gorsuch to the United States Supreme Court. Since vacancies on the bench are rare and the political stakes so high, few spectacles in Washington D.C. invite this level of drama. He was confirmed by the committee but when his nomination eventually goes to the floor of the Senate for a vote, the real fun will begin. (See “nuclear option.”) Lost in the hype is what his eventual seat on the court will mean to retail operators.  

The latest move by Walgreens Boots Alliance in its pursuit of the Rite Aid may be a bet that a Trump-appointed FTC chief will finally push the deal through.  

Gander Mountain has taken a step toward keeping the brand in business.    The outdoor retailer, which filed for bankruptcy protection on March 13, has filed a stalking horse bid. A joint venture comprised of Gordon Brothers and Hilco Merchant Resources has proposed to purchase substantially all of the retailer’s assets. This stalking horse bid will act as a baseline, in effort to ward off low offers on the chain’s assets.  

Trusted national news sources such as the Wall Street Journal and New York Times continue to augur the fall the mall, but many American towns won’t give them up without a fight.   One such is Racine, Wisconsin, whose City Plan Commission advanced a scheme to revitalize the failing Regency Mall by forming a tax increment district (TID) around the 134-acre site that includes out-lots housing Target, Home Depot, Toys R Us, and the High Ridge Center.  

Retailers may soon have a voice when it comes to disclosing surcharges related to card payments.    The U.S. Supreme Court ruled on Wednesday, March 29, that First Amendment free speech rights should be considered when determining how merchants disclose to their shoppers that credit card swipe fees can drive up the price of merchandise.   

Later this week, the nomination of Alexander Acosta to be the next Secretary of Labor will likely be voted out of the Senate HELP Committee and head for confirmation on the Senate floor. The administration made headlines just prior to his confirmation hearings outlining cuts to the Department of Labor budget in the neighborhood of $2.5 Billion or roughly 20%.   

The party is over for shoppers that enjoyed tax-free online shopping — on Amazon, anyway.   Starting on April 1, Amazon will collect sales tax from all states that have a tax levy. Only the five states that do not have a state sales tax — Alaska, Delaware, Oregon, Montana and New Hampshire — will remain exempt.