Legislative, Regulatory & Legal

New York -- The planned merger between Saks Inc. and Hudson’s Bay Company (HBC) took another step forward with the expiration of the 40-day “go shop” period for Saks on Sept. 6. As previously disclosed, the merger agreement entered into on July 28, 2013 between Saks and HBC contained a 40-day “go-shop” period during which Saks was permitted to solicit alternative proposals from third parties.

By Greg Slusser, [email protected]

A case on the California Supreme Court’s docket questions whether or not a common law duty requires retailers to have automated external defibrillators (AEDs) ready to use in stores to treat sudden cardiac arrest, which strikes about 380,000 Americans each year and is the leading cause of death in the U.S.

Atlanta – The Home Depot, Inc. is reportedly being sued in California Superior Court for unfair, arbitrary attempts to collect damages from customers accused of shoplifting.

According to Bloomberg, a California man filed a class action suit against Home Depot on Sept. 5 after receiving two letters from the retailer’s law firm threatening criminal prosecution if he did not pay hundreds of dollars in damages for taking work gloves worth about $8, which he says he did not steal.

Coppell, Texas – Alco Stores, Inc. is not accepting an acquisition proposal from Everbright Development Overseas, Ltd., Luis Chang and Mai Wong. The Alco board of directors has determined that the proposal, tendered on Sept. 6, is not a superior proposal to a roughly $47 million offer the retailer received from Argonne Capital Group LLC on July 25.

Akron, Ohio - Sterling Jewelers and Zale Corporation have reached a negotiated settlement of a lawsuit pending in The United States District Court for the Northern District of Ohio. The suit, originally filed in November 2012, alleged that Zale was engaging in false advertising by calling one of its diamonds “the most brilliant diamond in the world.”

The settlement will go into effect March 2014. Details are confidential.

Bentonville, Ark. – Three members of a group of about 20 people protesting working conditions at Walmart were reportedly arrested in Manhattan yesterday. According to the AP, the protestors, which included current and former Wal-Mart employees as well as supporters, gathered outside a New York City building where a member of Wal-Mart’s board of directors has an office.

New York -- J.C. Penney Co. plans to end its association with the Martha Stewart brand after disappointing sales, according to the New York Post. The report, which cited unidentified sources, said the decision was made by Penney CEO Myron Ullman, who returned to the chain in April following the ouster of Ron Johnson.

Pleasanton, Calif. -- Safeway, Inc. has reached a $600,000 settlement with the Environmental Protection Agency (EPA) and Department of Justice (DOJ) in regard to violations of the Clean Air Act. The government alleges that Safeway neglected to repair leaks of heat-trapping gas HCFC-22 from its refrigerators in a timely manner or keep proper records of refrigerator maintenance.