Legislative, Regulatory & Legal

The electronic currency known as bitcoin allows small- and medium-size companies to reach more customers by opening new markets that were previously unreachable, the co-founder of a company that allows businesses to use bitcoins said in testimony this week before two Senate subcommittees. And it appears that federal authorities are open to its development.

New York -- Eminence Capital which owns 9.8% of the common stock of The Men's Wearhouse and is its single largest shareholder, on Wednesday released a presentation describing why Men’s Wearhouse board of directors should engage in merger discussions with Jos. A. Bank Clothiers, Inc. Eminence Capital also said that it has retained Moelis & Company as a strategic advisor.

Cincinnati -- The Kroger Co. announced its succession plan for secretary and general counsel.

Paul W. Heldman, 62, a 31-year Kroger veteran who has been serving as the company's general counsel since 1989, secretary since 1992, and executive VP since 2006, will retire in the spring of 2014.

Bentonville, Ark. -- The National Labor Relations Board has reportedly determined that Wal-Mart acted illegally when it disciplined and fired employees who had been involved in strikes and other labor protest activities. According to the New York Times, the board investigated actions taken last year against about 100 Wal-Mart employees in stores across 12 states including California, Colorado, Texas and Massachusetts.

New York -- Embattled Southern celebrity chef Paula Deen is opening a headquarters and store in Clarence, N.Y., a suburb of Buffalo, this February. The shop, Paula Deen Foods, will include a showroom designed to resemble Deen's home kitchen and offer products from her branded line of goods.

Plymouth, Minn. -- The Shareholders Foundation, Inc. has filed a lawsuit on behalf of certain purchasers of Tile Shop common stock over alleged violations of federal securities laws in connection with certain allegedly false and misleading statements made between August 22, 2012 and November 13, 2013. The plaintiff alleges that the defendants failed to disclose that one of its largest suppliers, Beijing Pingxiu, is an undisclosed related company secretly controlled by Fumitake Nishi, the brother-in-law of the company's CEO and a Tile Shop employee.

Houston – Jos. A. Bank has officially withdrawn its all-cash bid to purchase Men’s Wearhouse for $48 per share, or about $2.3 billion, after failing to get the retailer to enter into merger talks ahead of a Thursday deadline.

Robert N. Wildrick, chairman of the board of Jos. A. Bank, sent a letter to Men’s Wearhouse CEO Doug Ewert informing him that since Men’s Wearhouse had not engaged in good faith negotiations by a previously stated Nov. 14 deadline, Jos. A. Bank would terminate its proposal.

Chicago – Online retailers are divided about the impact of the proposed Marketplace Fairness Act (MFA) legislation, largely based on company size. According to a new McGladley LLP survey of decision-makers at small and mid-sized online retailers, 38% of small and mid-sized online retailers with revenues between $10 million and $1 billion project that the MFA would have a negative impact on their profitability.

New York -- Starbucks Coffee Company said it would pay Kraft Foods $2.79 billion to settle a dispute over the coffee-shop chain’s bagged-coffee business.

The payment, ordered by an arbitrator, consists of $2.23 billion in damages and $557 million in interest and attorneys’ fees. The company said it has adequate liquidity, both in the form of cash on hand and borrowing capacity, to fund the payment and will book it as a charge to its fiscal 2013 operating expenses.

Import volume at the nation’s major retail container ports grew 6.5% in October over the same month last year despite the government shutdown. Year-over-year increases are expected to continue for the remainder of the year, according to the monthly Global Port Tracker report released by the National Retail Federation and Hackett Associates.