Legislative, Regulatory & Legal

New York — Wal-Mart Stores found itself at the center of two national news stories this past weekend, both of which involved fatalities.

 On Saturday, June 7, a truck driver for Walmart was charged in the highway crash that left comedian Tracy Morgan critically injured and killed one of Morgan’s associates, comedian James McNair.

Activist investor Carl Icahn on Friday reported a 9.4% stake in Family Dollar, making him the company’s largest shareholder and prompting concerns of a hostile takeover.
 
Family Dollar has responded by adopting a one-year shareholder rights plan with a 10% trigger that would prevent any investor from gaining a controlling interest of the company without board approval.
 

Washington, D.C. — Import volume at major U.S. container ports is expected to increase 7.5% in June as retailers bring unusually high quantities of merchandise into the country early to avoid any potential disruptions after the labor contract with West Coast dockworkers expires. According to the monthly Global Port Tracker report released by the National Retail Federation (NRF) and Hackett Associates, in June U.S. ports followed by Global Port Tracker are expected to handle 1.46 million Twenty-foot Equivalent Units (TEU), up 7.5% year-over-year.

Fremont, Calififornia — The Men’s Weahouse reported a decline in first-quarter profit, hurt mostly by expenses. But the retailer’s results still topped Wall Street expectations.
 
Men's Wearhouse, which is acquiring smaller rival Jos. A. Bank Clothiers, reported first-quarter net earnings of $16.5, compared with $33 million last year. Results include $26.5 million in costs related to strategic projects, primarily Jos. A. Bank and cost reduction initiatives.

As if having to deal with the rising threat of data breaches weren’t already enough for retailers, many continue to struggle to make sense of today’s rough patchwork of federal and state data breach laws.

Fortunately, while legislation that would establish a national data breach standard has yet to gain significant traction, the Obama Administration and Congress are ramping up joint efforts to establish a uniform, national law that would replace the current fabric of state requirements.  

New York -- The Seattle City Council on Monday unanimously voted to raise the minimum wage in the city to $15 an hour, making it the highest municipal minimum wage in the country. The measure, which takes effect on April 1, 2015, will be phased in over the next three to seven years depending on the size of the business, with a slower process for small businesses.

New York – A group director for two Tiffany & Co. stores in Houston has filed a lawsuit alleging the retailer discriminates against African-Americans in hiring and promotions for management and executive-level jobs. A complaint filed by Michael McClure in federal court in New York on May 29 says that McClure is the only African-American holding one of 200 U.S. management-level positions at Tiffany, and that there are no African-American executives in the company.

New York -- The Federal Trade Commission on Friday determined that the merger between Men’s Wearhouse and Jos. A. Bank does not violate antitrust laws. The commission had been conducting a detailed review of the proposed $1.8 billion deal.

The Men’s Wearhouse expects to close on its acquisition for Jos. A. Bank in the next 30 days after Men's Wearhouse agreed to pay $65 a share for Jos. A. Bank earlier this year in a deal valued at $1.8 billion that will create a company with more than 1,700 stores and pro forma annual sales of $3.5 billion.

Bentonville, Ark. – Wal-Mart Stores Inc. has reportedly been given a May 30 deadline to settle a labor dispute in the Chinese city of Changde. According to the Wall Street Journal, Changde officials want Wal-Mart to reach an out-of-court settlement with workers at a store there which is scheduled to close.

New Albany, Ohio – Abercrombie & Fitch Co. and Abercrombie & Fitch Stores Inc. have offered to pay $96,000 to 13 assistant managers for failing to pay proper overtime wages, in connection with a lawsuit filed in the Eastern District of New York. This is in addition to prior offers from Abercrombie & Fitch to pay other assistant managers who had joined the lawsuit.