Legislative, Regulatory & Legal

Atlanta -- Home Depot said Monday it is returning to the corporate bond market for the second time in less than seven months to rebuild its cash stockpile and finance share buybacks.

According to a filing with the Securities and Exchange Commission, the company plans to sell 10- and 30-year bonds. It is offering $1 billion of each maturity.

Home Depot is replacing $1 billion of 5.2% notes issued in 2006 that matured March 1, and raising money to buy its own stock. The notes may be sold as soon as Monday.

Medford, Ore. -- Harry & David Holdings filed for Chapter 11 bankruptcy protection on Monday, according to a filing.

The gift basket retailer will continue to operate the business as debtors under the jurisdiction of the bankruptcy court. The company has nearly $200 million in outstanding debt.

Harry & David sells its products through catalogs, its website and in stores, which are primarily in factory outlet malls across the nation.

PURCHASE, N.Y. -- PepsiCo has announced the appointment of Maura Abeln Smith to the position of EVP government affairs, general counsel and corporate secretary, effective May 5.  Smith will succeed Larry Thompson, who is retiring from the company to assume a teaching position at the University of Georgia Law School.

Smith, who will report to PepsiCo Chairman and CEO Indra Nooyi, will be responsible for the company's worldwide legal function and government affairs organization.

New York City -- Borders Group, which filed Chapter 11 bankruptcy in February and has announced plans to close about a third of its stores, said it plans to pay key employees as much as $8.3 million in incentives and retention bonuses, Bloomberg reported.

The retailer asked a judge to approve its plan in a filing Thursday in U.S. Bankruptcy Courty in New York. Borders said it has historically compensated employees through incentives.

San Diego -- Target Corp. is suing a pro-gay marriage group to get it to stop canvassing outside its San Diego County stores, alleging the group’s activists are driving away customers, the Associated Press said.

It seems like this kind of stuff only happens at Walmart. A female employee at a Walmart store in Naples, Fla. bit off the tip of a co-worker’s ring finger during a fight over an alleged affair, the Associated Press reported this week. Collier County Sheriff’s deputies said they charged 43-year-old Clodia Coicour with aggravated battery stemming from the incident that took place outside the store where they both worked.

Atlanta -- The Home Depot board member David H. Batchelder has decided against standing for re-election. The company said Thursday that it is nominating Staples chairman and CEO Ronald L. Sargent and former accounting and consulting company executive J. Frank Brown for seats.

Batchelder, 61, has been a Home Depot board member since 2007. He is the founder and principal of Relational Investors LLC.

Sargent, 55, has served as Staples' CEO since 2002 and as chairman since 2005.

By Giles Sutton, J.D., LL.M, [email protected]

Gift-card sales have surged in recent years. With electronic or virtual gift cards and mobile applications that allow consumers to purchase and redeem gift cards from their mobile/smartphones, sales only continue to grow. While consumers flock to them for their flexibility, businesses have embraced them as a means to increase sales. Not only are buyers spurred into making new purchases, but they often spend more than the gift-card amount.

Greensboro, N.C. -- The Fresh Market announced that it has filed a registration statement with the Securities and Exchange Commission for a proposed secondary public offering of its common stock.

The shares of common stock to be sold in the offering are expected to be offered by certain of its stockholders. The selling stockholders will receive all of the proceeds from the offering. The company will not receive any proceeds from the offering.

Johannesburg, South Africa -- A Tuesday report by Bloomberg said that hearings on a Wal-Mart Stores bid to acquire control of Massmart Holdings Ltd. will be adjourned to May 9, following an earlier announcement on Tuesday that the hearings would proceed this week.

After announcing that it will hear evidence from labor unions and Wal-Mart and Massmart this week and from the government on May 9 and May 10, South Africa’s Competition Tribunal now say the hearing has been adjourned to May 9.