Legislative, Regulatory & Legal

As if the retail industry weren’t challenging enough, those operating stores in California are facing a growing number of lawsuits related to an operational consideration known as suitable seating.

Minneapolis – John Mulligan, executive VP and CFO of Target, said the retailer is deeply sorry for its late 2013 data security breach and is aware that consumer confidence in the company is shaken; his comments came during Feb. 4 testimony before the Senate Judiciary Committee.

According to Reuters, Mulligan also said that Target discovered 25 registers infected with malware on Dec. 18, contradicting an earlier statement from the retailer that all malware had been removed by Dec. 15.

Target CFO John Mulligan ably represented the company in testimony before a Senate committee on Tuesday, but the one in the hot seat should have been chairman, president and CEO Gregg Steinhafel.
 
Recall when the nation’s bankrupt automakers needed a bailout, it was the CEOs of General Motors and Chrysler who appeared before legislators. And when big banks came under fire for their role in the housing crisis it was the financial firms’ CEOs who endured lawmakers pointed questions.

Arlington, Va. -- The Retail Industry Leaders Association (RILA) is encouraged by passage of the Save American Workers Act of 2013 (H.R. 2575) out of the Ways and Means Committee on Tuesday. According to RILA, the act is an important first step in changing the Affordable Care Act’s (ACA) definition of full-time employees from 30 hours of service to a definition more in-line with employment practices.

Washington, D.C. -- The National Retail Federation on Monday urged Congress to take a comprehensive approach as it contemplates a national response to criminal cyber attacks in which millions of consumers’ credit and debit card numbers were stolen. NRF said retailers are willing to do their part to improve security, but that banks and card companies must also take major steps to shore up the current fraud-prone payments system.

Mumbai – The Indian state of Rajasthan has reportedly prohibited direct foreign investment in supermarkets located there. According to Reuters, individual Indian states are allowed to decide whether or not they want to accept direct foreign investment in local supermarkets, and so far fewer than half of India’s 28 states have done so.

Hampstead, Md. – The correspondence between Jos. A. Bank and The Men’s Wearhouse continues, and it’s not all love letters. In response to a letter sent Jan. 30 from the Men’s Wearhouse board urging Jos. A. Bank to reconsider its recent all-cash offer to acquire Jos. A. Bank for $57.50 per share, or about $1.6 billion, Jos. A. Bank — which rejected that offer on Jan. 20 — does not sound anxious to revisit it in the most recent letter it sent to Men’s Wearhouse president and CEO Doug Ewert.

Many fingers pointed at Target after the retailer suffered a massive data breach during the holidays, but preventing the next cyber attack is beyond the scope of any single company, according to testimony retail representatives shared with lawmakers on Monday.

Washington, D.C. – The National Retail Federation (NRF) is scheduled to testify before a Senate committee the week of Feb. 3, as lawmakers begin to look into criminal attacks in which millions of consumers’ credit and debit card numbers were stolen.

Chicago – Mercury Payment Systems plans to have its day in court against Heartland Payment Systems. Mercury has indicated it will contest the federal lawsuit Heartland Payment Systems filed, charging the company with false advertising, unfair competition, intentional interference with contractual relations, and intentional interference with prospective economic advantage. The suit, filed in U.S.