Legislative, Regulatory & Legal

San Francisco -- Costco Wholesale Corp. agreed to pay a $335,000 in penalties federal Clean Air Act violations, according to a settlement announced Wednesday by the U.S. Environmental Protection Agency and U.S. Department of Justice. In addition, the retailer will fix refrigerant leaks and make other improvements at 274 of its stores, which EPA estimates will cost about $2 million over the next three years.

New Albany, Ohio – Abercrombie & Fitch has reportedly settled a shareholder lawsuit filed in the U.S. District Court of Columbus, Ohio, regarding its pay of CEO Michael Jeffries, who has received more than $140 million in compensation since 2007. According to Reuters, the settlement with City of Plantation Police Officers' Employees' Retirement System involves no payment to the plaintiff.

The Family Dollar board is under new pressure to walk away from a deal with Dollar Tree after Dollar General further increased an already more generous counter offer.

Early Monday Dollar General increased its all cash offer to $80 a share from $78.50 a share and increased the number of stores it said it would be willing to divest to 1,500 from 700. The company also said it would be willing to pay Family Dollar a $500 million reverse break-up if the deal failed to secure antitrust clearance.

New York – A Credit Suisse analyst is reportedly recommending that Staples and Office Depot, itself recently merged with Office Max, merge. According to Investors Business Daily, Credit Suisse analyst Gary Balter made the suggestion in a note sent to clients on Tuesday, Sept. 2.

Goodlettsville, Tenn. -- The battle for Family Dollar moved into higher gear on Tuesday with Dollar General raising its bid for Family Dollar to $9.1 billion, or $80 per share, up from $78.50 per share in its previous offer. Dollar General also warned that it would attempt a hostile bid if Family Dollar refused to enter into talks regarding the new offer.

San Francisco – A federal judge has reportedly approved an antitrust settlement EBay reached in May 2012. The settlement relates to a secret deal EBay reached with tax preparation software provider Intuit in which the two companies agreed not to hire each other’s employees.

According to Reuters, the settlement calls for EBay to not make any deals with any other technology companies to avoid hiring each other’s employees.

Walmart’s seemingly endless Foreign Corrupt Practices Act investigation and mounting expenses drew the attention of the New York Times again this week which explored arcane legal issues that have muzzled a former Walmart lawyer.

Walmart’s senior director for payment strategy Reed Luhtanen is among a group of notable speakers scheduled to gather in Washington, D.C. September 10 to explore vulnerabilities and challenges faced by merchants and payment industry professionals.