Legislative, Regulatory & Legal

Fort Worth, Texas – John Feray, who had served as CFO of RadioShack for less than a year, has resigned from the company, citing personal reasons. Holly F. Etlin, managing director of AlixPartners and longtime RadioShack advisor, has been named interim CFO of the struggling retailer. She previously served as RadioShack's interim CFO from July 2013 to February 2014.

New York -- Fitch Ratings on Friday downgraded RadioShack's credit rating. On Thursday, the struggling retailer warned it may need to file for Chapter 11 bankruptcy protection.

Fitch cut RadioShack's issuer default rating from "C'' from "CC," which puts the chain’s credit rating one level above default.

Atlanta – The program used to steal credit card data in the recent cyber attack on The Home Depot Inc. is reportedly not the same program used in the 2013 cyber attack on Target. According to Bloomberg, the malware used against Home Depot, FrameworkPOS, operates by impersonating a McAfee antivirus agent.

Arlington, Va. - Nicholas Ahrens will join the Retail Industry Leaders Association (RILA) as VP of privacy and cyber security. Joining the association from the Office of the General Counsel at the U.S. Department of Commerce, Ahrens will lead RILA’s privacy and data security agenda and serve as the lead advocate to the government on cyber security, privacy, data security and related issues.

Seattle – Starbucks Corp. is reportedly considering changing its policy that forbids visible tattoos on baristas. According to CNNMoney, more than 21,000 employees have signed an online petition asking Starbucks to allow baristas in its stores to display visible, non-offensive tattoos.

Fort Worth, Texas – RadioShack Corp. on Thursday posted a net loss of $137.2 million in its second quarter, more than double the $52.2 million loss reported in the year-ago period.  It was the troubled retailer’s 10th straight quarterly loss. RadioShack warned in a regulatory filing it may seek bankruptcy protection, with a possible sale or third-party investment as other potential avenues to remedy its ongoing financial woes.

Nicholas Ahrens will join the Retail Industry Leaders Association (RILA) as VP of privacy and cyber security. Joining the association from the Office of the General Counsel at the U.S. Department of Commerce, Ahrens will lead RILA’s privacy and data security agenda and serve as the lead advocate to the government on cyber security, privacy, data security and related issues.

RadioShack posted a net loss of $137.2 million in its second quarter, more than double the $52.2 million loss reported in the year-ago period. It was the troubled retailer’s 10th straight quarterly loss.

RadioShack warned in a regulatory filing it may seek bankruptcy protection, with a possible sale or third-party investment as other potential avenues to remedy its ongoing financial woes.

Goodlettsville, Tenn. – Dollar General Corp. is upping the ante in its $9.1 billion bid to purchase Family Dollar Inc. by making a hostile takeover offer to Family Dollar stockholders of $80 per share. This offer beats the $74.50 per share, $8.5 billion offer Family Dollar has accepted from Dollar Tree Inc, and is a 32% premium over the closing price of $60.66 for Family Dollar stock on Sept. 9.
 

Since Family Dollar’s board of directors unanimously rejected Dollar General’s second and sweetened tender offer from Sept. 2, Dollar General has decided to make the tender offer directly to the company’s shareholders.

The company’s all-cash offer of $80 per share beats Dollar Tree’s offer of $74.50 per share cash/stock offer originally made July 28. The Family Dollar board has rejected both Dollar General’s offers on the basis of antitrust regulatory considerations.