Legislative, Regulatory & Legal

New York City -- Scathing letters continued flying back and forth on Friday, between activist investor Bill Ackman and the J.C. Penney board of directors — each attacking the other’s handling of the CEO search process and timing.

Then, CNBC reported that Perry Capital, a 7% Penney stakeholder, has weighed in as well, and will file a 13-D urging the board to immediately remove Mike Ullman as CEO, and replace his leadership with Allen Questrom as chairman and Footlocker’s Ken Hicks as CEO.

New York – Law firm Morgan & Morgan is investigating potential legal claims against the board of directors of Saks Inc. relating to the proposed acquisition of Saks by Hudson's Bay Company. Morgan & Morgan's investigation concerns whether Saks' board of directors breached its fiduciary duties to act in the best interests of Saks' shareholders and to take all necessary steps to ensure that Saks' shareholders receive the maximum value readily available for their shares of Saks common stock.

In one of the stranger situations in retail right now, J.C. Penney is defending itself against charges by activist investor Bill Ackman that it’s not moving fast enough to hire a full time CEO and remedy a situation that Ackman created when the guy he picked nearly destroyed the company.

Menomonee Falls, Wis. – Law firm Levi & Korsinsky has commenced a class-action lawsuit against Kohl’s Corporation in the United States District Court for the Southern District of New York. The suit has been filed on behalf of investors who purchased Kohl's commons stock during the period between February 26, 2009 and September 13, 2011.

Washington, D.C. -- In a settlement agreement with the U.S. Labor Department, Wal-Mart Stores Inc. has agreed to improve safety conditions for employees who use trash compactors and cleaning chemicals at 2,857 Walmart and Sam’s Club stores in 28 states.

The retailer will also pay a $190,000 fine to fix hazards uncovered during an Occupational Safety and Health Administration inspection at a store in Rochester, N.Y.
 

Bentonville, Ark. -- Judge Charles R. Breyer of the U.S. District Court for the Northern District of California has ruled against a request by plaintiffs in a gender discrimination suit against Wal-Mart who were seeking certification of a class-action suit against the mass merchandise giant. Referring to a 2012 Supreme Court decision about limitations on class-action suits, Breyer ruled that the individual situations of the plaintiffs are too different to be grouped into a single class-action suit.

By Colleen A. Conry, Jane D. Goldstein, Natalie Logan and Alicia Suarez

On April 24, 2013, 1,127 people were killed when Rana Plaza, a garment manufacturing complex in Savar, Bangladesh, collapsed. This tragedy highlights the working conditions that may exist in Bangladesh and other countries. It also draws attention to the challenges faced by U.S. companies that want to conduct their business in an ethical and socially responsible way, particularly when operating through third-party suppliers in foreign countries.   

Boston – Massachusetts Gov. Deval Patrick has signed a bill authorizing a sales tax holiday in Massachusetts for the upcoming weekend of Aug. 10. The bill gives consumers a one-time break on the state’s 6.25% sales tax on any ordinarily taxed retail items individually worth up to $2,500. The break does not extend to vehicles, motor boats, tobacco, meals and utilities.

Massachusetts did not offer a sales tax holiday in 2009 but otherwise has designated one weekend in August as a sales tax holiday every year since 2004.