Legislative, Regulatory & Legal

The U.S. economy has undergone significant financial and social upheaval over the past five years, with companies seemingly invincible to the vagaries of the financial markets disappearing overnight. Many companies have been forced to contract by closing unprofitable stores, laying off employees, reducing spending, deferring research and development, or have been acquired by more profitable companies. With few exceptions, those companies that have survived have done so by cutting costs to the bone.

Los Angeles -- Apparel retailer American Apparel Inc. has fired its controversial founder Dov Charney as chairman, effective immediately, and has moved to fire him as CEO and president. The actions come on the heels of an ongoing investigation into alleged misconduct by Charney, who has been targeted in sexual harassment lawsuits and charged with allegations of misconduct for years.

American Apparel’s board of directors has voted to remove Dov Charney as chairman and fire him as president and CEO.

It is expected that the termination will be effective following a 30-day cure period required under the terms of Charney’s employment agreement.

For the time being, Charney is suspended from his positions as president and CEO, effective immediately, pending the expiration of the cure period. The board has appointed John Luttrell as interim CEO.

Skechers USA has filed a lawsuit against Reebok International for selling footwear that, according to Skechers, infringes on its Go Walk product line.

The suit, filed in the United States District Court for the Central District of California, seeks compensatory and punitive damages as well as injunctive relief for infringing on Skechers’ patent and trade dress rights and for unfair competition. The suit states that Reebok is selling the infringing products under the name Reebok Walk Ahead RS.

Cincinnati -- Kroger Co. on Wednesday said it plans to withdraw from two multi-employer pension funds and will incur a charge of $56 million in the first quarter as it contributes that amount to restructure its pension obligations. The move is in line with the retailer’s desire to exert more control over employee-retirement programs.

Washington, D.C. - The National Retail Federation (NRF) and the Retail Industry Leaders Association (RILA) have asked an appeals court to overturn a federal judge’s approval of a lawsuit settlement regarding Visa and MasterCard’s credit card swipe fees, saying it was negotiated by only a handful of merchants and would do nothing to bring the fees under control.

The National Retail Federation (NRF) and the Retail Industry Leaders Association (RILA) have asked an appeals court to overturn a federal judge’s approval of a lawsuit settlement regarding Visa and MasterCard’s credit card swipe fees, saying it was negotiated by only a handful of merchants and would do nothing to bring the fees under control.

Dublin, Calif. – The Securities and Exchange Commission (SEC) has charged four residents of Northern California with insider trading in Ross Stores stock options based on nonpublic information about monthly sales results leaked by one of the retailer’s employees. The SEC alleges that Saleem Khan was routinely tipped by his friend Roshanlal Chaganlal, who was a director in the finance department at Ross headquarters.

Pleasanton, Calif. – Safeway Inc. has entered into a memorandum of understanding to settle the consolidated class action pending in Delaware state court filed on behalf of alleged Safeway stockholders against Safeway in connection with Safeway's proposed merger with an affiliate of AB Acquisition LLC. The proposed settlement includes moving the expiration date of Safeway’s “poison pill” shareholder rights plan three months ahead to June 19, 2014.

The Securities and Exchange Commission (SEC) has charged four Northern California residents with insider trading in Ross Stores stock options based on nonpublic information about monthly sales results leaked by one of the retailer’s employees.