Legislative, Regulatory & Legal

New York – A Credit Suisse analyst is reportedly recommending that Staples and Office Depot, itself recently merged with Office Max, merge. According to Investors Business Daily, Credit Suisse analyst Gary Balter made the suggestion in a note sent to clients on Tuesday, Sept. 2.

Goodlettsville, Tenn. -- The battle for Family Dollar moved into higher gear on Tuesday with Dollar General raising its bid for Family Dollar to $9.1 billion, or $80 per share, up from $78.50 per share in its previous offer. Dollar General also warned that it would attempt a hostile bid if Family Dollar refused to enter into talks regarding the new offer.

The Family Dollar board is under new pressure to walk away from a deal with Dollar Tree after Dollar General further increased an already more generous counter offer.

Early Monday Dollar General increased its all cash offer to $80 a share from $78.50 a share and increased the number of stores it said it would be willing to divest to 1,500 from 700. The company also said it would be willing to pay Family Dollar a $500 million reverse break-up if the deal failed to secure antitrust clearance.

Tewksbury, Mass. – In what should mark the end of a six-week standoff that began July 18, Arthur T. Demoulas, who was fired by his cousin Arthur S. Demoulas as CEO of the Market Basket supermarket chain in June, has agreed to buy the company for $1.5 billion. Since Friday, July 18, many Market Basket employees and customers have staged a boycott, dramatically slowing down business at the company’s 71 stores in Massachusetts, New Hampshire and Maine.

Walmart’s seemingly endless Foreign Corrupt Practices Act investigation and mounting expenses drew the attention of the New York Times again this week which explored arcane legal issues that have muzzled a former Walmart lawyer.

Walmart’s senior director for payment strategy Reed Luhtanen is among a group of notable speakers scheduled to gather in Washington, D.C. September 10 to explore vulnerabilities and challenges faced by merchants and payment industry professionals.

As the holiday season approaches, many retailers will ramp up their staff to accommodate the increase in customers and other operational demands. However, in today’s era of widespread employment litigation, employers must be even more conscientious of the legal liabilities and practical consequences they face during this time of year.

Despite the fast-paced nature of the holiday rush, companies should still conduct their due diligence when screening new employees, whether they are long-term or seasonal.

Fort Worth Texas – Hedge fund Standard General LP, RadioShack’s second-largest shareholder, is reportedly trying to negotiate a “rescue package” by obtaining debt and equity financing from outside investors. According Bloomberg, Standard General is also meeting with RadioShack management to create a plan that will let the retailer avoid filing for Chapter 11 bankruptcy.

Miami -- Burger King Worldwide agreed to buy Canadian quick-serve chain Tim Hortons for approximately $11.4 billion, creating the world’s third largest quick-serve restaurant company. Under a tax inversion deal, the corporate headquarters of the new company will be in Canada, where the combined company’s biggest market will be.  

Sandy Kennedy, president of the Retail Industry Leaders Association (RILA), has offered her two cents on the standoff surrounding the union negotiations at the West Coast ports.

Kennedy addressed a letter to the heads of the Pacific Maritime Association (PMA) and the International Longshore and Warehouse Union (ILWU), speaking on behalf of retailers who are experiencing uncertainty and instability over the ongoing conflict.