Legislative, Regulatory & Legal

By Nicholas Fortuna & Paula Lopez of Allyn & Fortuna LLP  

New York –- Walgreens has reportedly filed for an eight-part benchmark bond offering to help finance its planned $5.3 billion purchase of U.K. drugstore retailer Alliance Boots GmBH. According to Bloomberg, Walgreens has filed with the SEC for three-, five-, seven-, 10-, 20- and 30-year fixed-rate bonds, as well as 18-month and three-year floating-rate notes.  

 

The U.S. Department of Energy has named the ASHRAE/IES 90.1-2013 energy standard as the new national energy reference standard, superseding the 2010 version in effect until then.

Within two years, all states must put into effect a commercial building energy code at least as stringent as the 2013 version of 90.1, or justify why they cannot comply.

The updated standard pays particular attention to lighting controls, with more stringent requirements, including*:

By Lindsay Carlson, Adam Biegel and Kimyatta McClary, Alston & Bird LLP Over the past 18 months, there has been a significant increase in litigation and enforcement activity concerning comparative price advertising in the retail industry. Companies can face substantial reputational and cost consequences if targeted, and should consider examining their price advertising models and prepare to defend these models.

By Lindsay Carlson,  Adam Biegel and Kimyatta McClary, Alston & Bird LLP   Over the past 18 months, there has been a significant increase in litigation and enforcement activity concerning comparative price advertising in the retail industry. Companies can face substantial reputational and cost consequences if targeted, and should consider examining their price advertising models and prepare to defend these models.  

Arlington, Va. -- The Retail Industry Leaders Association (RILA) and a group of merchant associations have sent a letter on the state of cybersecurity in the U.S. and how the payments system works in a letter to the Credit Union National Association (CUNA) and the National Association of Federal Credit Unions (NAFCU). The letter dispels what the merchant groups say are many misconceptions the credit unions have been driving regarding recent cyberattacks and the response by retailers and financial institutions. 

Goodlettsville, Tenn. -- Dollar General Corp extended its $80-a-share tender offer to acquire rival Family Dollar Stores Inc. from Oct. 31, 2014, to Dec. 31, 2014, unless further extended. It is the second time Dollar General has extended its offer.     About 4 million shares, or some 3.6% of Family Dollar's total share capital of about 114 million, had been validly tendered into the offer as of Oct. 30, Dollar General said in a statement.  

Dollar General has extended the deadline for Family Dollar shareholders to approve a buyout deal while it continues to recommend a “no” vote on a competing proposal from Dollar Tree.

By Sandy Kennedy, president of RILA
   (Editor’s note: The president of the Retail Industry Leaders Association, Sandy Kennedy, wrote the following op-ed in The Hill, discussing why chip-and-PIN is one important layer of protection retailers, banks and the government can provide consumers.)  

New York --A group of 104 national, state and local organizations--representing farmers, manufacturers, retailers, transportation providers and others--signed a letter urging the International Longshore and Warehouse Union (ILWU) and Pacific Maritime Association (PMA) “to quickly conclude a new labor agreement...to allay growing concerns of thousands of businesses who rely on West Coast ports for orderly and timely supply chain operations.”