Legislative, Regulatory & Legal

Columbus, Ohio –  Express Inc. and private-equity firm Sycamore Partners announced that, despite having worked together in good faith towards a transaction during the past several months, discussions regarding Sycamore’s expressed interest in acquiring Express have been terminated. The companies said that discussions were halted due to the unavailability of financing on commercially acceptable terms.

In June, Express said it had been approached by Sycamore about a potential deal. Sycamore Partners has a 9.8% stake in Express.

Washington, D.C. - The National Retail Federation (NRF) has publicly expressed disappointment at the U.S. Supreme Court’s announcement that it would not review an appellate court ruling on whether the Federal Reserve set a 2011 cap on debit card swipe fees higher than the level sought by Congress in legislation passed the year before.

New York -- The Home Depot has been given until July to respond to allegations that its data breach occurred because the retailer did not meet its obligation to comply with security standards and to protect its customers' personal information, according to the Atlanta Business Chronicle.

At a hearing, U.S. District Court Judge Thomas Thrash gave Home Depot until July 1 and July 15, respectively, to respond to the allegations of consumers and financial institutions.

Fort Worth, Texas – RadioShack Corp. is reportedly negotiating with Sprint to sell some of its store leases to the wireless carrier. According to Bloomberg, Sprint executives said the company is planning to expand its store count through acquisitions at an investor conference last week.

Dollar General issued a statement Thursday indicating the company is having trouble winning support from the Federal Trade Commission on a $9.1 billion bid for Family Dollar Stores.

Dollar General said it would “defend litigation” if necessary.

The statement could give new momentum to Dollar Tree's $8.5 billion cash and stock competing bid for Family Dollar. Meanwhile, two proxy investment firms have switched their recommendation for Family Dollar shareholders to accept the Dollar Tree offer, rather than the bid from Dollar General.

Atlanta – A class action lawsuit compiling more than 30 of the 44 lawsuits that have been filed against The Home Depot Inc. in relation to its 2014 data breach is scheduled to begin Friday, Jan. 16 in U.S. District Court for the Northern District of Georgia in Atlanta.

According to the Atlanta Business Chronicle, Chief Judge Thomas W. Thrash Jr. is telling attorneys for both sides to pursue a “just, speedy and inexpensive” resolution.

Washington, D.C. - The National Retail Federation (NRF) is launching United for Patent Reform, a new coalition co-chaired by NRF and Oracle and comprised of grocery, hotel, retail, restaurant and technology associations and companies. The coalition will pursue patent reform legislation aimed at curbing abuse of the patent system by “patent trolls.”

GOODLETTSVILLE, Tenn. — Dollar General is still fighting to acquire Family Dollar, the retailer stated on Thursday, noting that it is in ongoing discussions with the Federal Trade Commission. "The FTC has reached no final conclusion regarding the number of divestitures that would be required by a Dollar General/Family Dollar combination," Dollar General stated. "Dollar General has also had discussions with various potential buyers who have expressed interest in acquiring stores that may be required to be divested."