Legislative, Regulatory & Legal

Chesapeake, Va. – In the latest scene from the continuingly unfolding saga of the battle for Family Dollar, two proxy investment firms have switched their recommendation for Family Dollar shareholders to accept and $8.5 billion bid from Dollar Tree, rather than a $9.1 billion bid from Dollar General. Glass Lewis & Co. and Institutional Shareholder Services (ISS) both cited Dollar Tree’s bid as offering a greater likelihood of success, despite being lower.

Atlanta – A class action lawsuit compiling more than 30 of the 44 lawsuits that have been filed against The Home Depot Inc. in relation to its 2014 data breach is scheduled to begin Friday, Jan. 16 in U.S. District Court for the Northern District of Georgia in Atlanta.

According to the Atlanta Business Chronicle, Chief Judge Thomas W. Thrash Jr. is telling attorneys for both sides to pursue a “just, speedy and inexpensive” resolution.

Dollar General issued a statement Thursday indicating the company is having trouble winning support from the Federal Trade Commission on a $9.1 billion bid for Family Dollar Stores.

Dollar General said it would “defend litigation” if necessary.

The statement could give new momentum to Dollar Tree's $8.5 billion cash and stock competing bid for Family Dollar. Meanwhile, two proxy investment firms have switched their recommendation for Family Dollar shareholders to accept the Dollar Tree offer, rather than the bid from Dollar General.

Phoenix – PetSmart Inc. considered but ultimately rejected attempting to buy an unidentified, privately held pet retail chain before agreeing to an $8.7 billion sale in December 2014. In an SEC filing, PetSmart disclosed it decided against the purchase after determining there could be competitive and antitrust issues.

PetSmart also said 27 potential buyers showed interest in purchasing the company between August and October 2014, before PetSmart formally launched a bidding process.

Retailers looking to replenish inventories depleted by solid holiday sales are facing a new impediment at West Coast ports.

Reuters is reporting that unions are orchestrating work slowdowns to exacerbate an already gridlocked situation at the busy port.

The Pacific Maritime Association said the region's five largest ports, including Los Angeles and Long Beach, had seen backups "approaching complete gridlock," as contentious contract talks with the dockworkers union have stalled.

New York -- RadioShack could receive another dose of life support. According to a report by the Wall Street Journal, Salus Capital Partners has offered to provide $500 million to RadioShack Corp. in a kind of debtor-in-possession loan used by companies to fund operations in bankruptcy.

New York -- NRF president Matthew Shay told attendees of retail’s Big Show in New York City this week that the industry is well positioned for 2015 – with support from Washington, D.C.

Washington, D.C. -- President Barack Obama on Monday proposed strengthening laws against identity theft, described as a growing problem that costs billions of dollars. Part of Obama’s proffered solution is requiring notification when consumer information is hacked.

Matthews, N.C. -- Family Dollar is urging its shareholders to support a buyout offer from rival discounter Dollar Tree with less than two weeks remaining before a vote on the pending deal.  Family Dollar shareholders are scheduled to vote Jan. 22. on whether to accept the Dollar Tree offer.

NRF president Matthew Shay told attendees of retail’s Big Show in New York City this week that the industry is well-positioned for 2015 – with a little help from friends in Washington, D.C.