Legislative, Regulatory & Legal

Woonsocket, R.I. -- CVS Caremark Corp. agreed to pay $20 million to settle U.S. Securities and Exchange Commission charges that it misled investors in 2009 during a debt offering and by accounting improperly for an acquisition.

The SEC said CVS failed to disclose while marketing $1.5 billion of bonds in September 2009 having recently lost significant Medicare and contract revenue streams in its pharmacy benefits manager business.

Washington, D.C. – In a statement submitted to the House Energy and Commerce Subcommittee on April 8, the National Retail Federation (NRF) urged Congress to address what it sees as an increasing threat to retailers: patent trolls. Patent trolls are entities that purchase overly-broad patents with the sole intent of suing retailers and other end-users of technology that allegedly infringe on those patents.

Bentonville, Ark. – Wal-Mart Stores Inc. reportedly plans to open an additional 40 to 50 wholesale cash-and-carry stores in India during the next four years and also launch an Indian e-commerce operation. According to the Wall Street Journal, Wal-Mart will begin e-commerce sales in India during summer 2014 with one wholesale store offering goods online and delivering them for pickup at other local retailers up to about 25 miles away.

Foothill Ranch, Calif. -- The board of directors of Wet Seal Inc. has decided to reduce the cash compensation for its directors by 20% for the remainder of fiscal 2014. Wet Seal will also reduce the number of director nominees to be elected at its upcoming annual meeting from nine to seven.

Kathy Bronstein recently resigned from The Wet Seal’s board of directors, effective April 4.

New York -- Coldwater Creek Inc. is planning to liquidate its assets after a bankruptcy filing that is expected to come soon, Bloomberg News reported. The filing would come five months after the specialty women's apparel retailer, which is based in Sandpoint, Idaho, said it was exploring strategic alternatives, including a sale.

Mumbai, India – Leading Indian political party Bharatiya Janata Party (BJP) said in its official election manifesto that it will ban all foreign direct investment into the Indian supermarket sector if it wins a majority stake in the upcoming parliamentary election. BJP is widely expected to take majority control of parliament and the prime minister seat in India’s May 2014 elections.

Hamilton, Bermuda -- Signet Jewelers Limited and Zale Corporation have announced the expiration of the waiting period under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended, in connection with the proposed acquisition of Zale by Signet.

The expiration of the HSR Act waiting period satisfies one of the conditions to the closing of the proposed acquisition, which remains subject to approval by Zale’s stockholders and certain other customary closing conditions.

Minneapolis – All lawsuits relating to the 2013 data breach at Target Corp. will be consolidated before a single court in Minnesota. The U.S. Judicial Panel on Multidistrict Litigation has assigned all data breach suits to be heard by U.S. District Judge Paul Magnuson in Minnesota.

Barnes & Noble named Tulane University president Scott Cowen to its board a after a major shareholder disclosed it was dumping 90% of its stake in the company and relinquishing a seat on the board of directors.

Cowen serves as president of Tulane University in New Orleans and also holds the titles of Seymour S. Goodman Memorial Professor of Business in Tulane’s A.B. Freeman School of Business and Professor of Economics in the School of Liberal Arts.

There were a lot of developments in the world of data security last week with a judge agreeing to consolidate lawsuits related to the Target data breach in a Minnesota court, more hearings in Washington, D.C. and troubling research about consumers sharing personal data on public Wi-Fi.