Legislative, Regulatory & Legal

New York City -- Wal-Mart Stores has filed suit against CVS Caremark Corp. to prevent CVS from hiring former Wal-Mart executive Hank Mullany, according to a Friday report by Bloomberg.

CVS’s hiring of Mullany, former president of Wal-Mart’s northern U.S. division, would violate a noncompete agreement, Wal-Mart said in the complaint filed Thursday in Delaware Chancery Court.

According to Wal-Mart’s complaint, CVS has indicated that it intends to hire Mullany without regard to the agreement.

Tokyo - A report released Tuesday said that Japanese prosecutors will launch an investigation into possible insider trading involving shares of Wal-Mart's Japanese subsidiary Seiyu.

According to Reuters, which cited the Nikkei business daily website, the trading is suspected to have occurred when Wal-Mart turned Seiyu into a fully owned unit in 2007.

In early November, Japan's Securities and Exchange Surveillance Commission began an investigation into possible insider trading. Wal-Mart has said it would cooperate with authorities.

Hartford, Conn. -- Connecticut environmental regulators on Tuesday said that CVS has agreed to pay a nearly $269,000 penalty to settle allegations that the chain's drug stores improperly disposed of photo processing and pharmaceutical wastewater.

The state Department of Environmental Protection announced that dozens of the chain's Connecticut stores this year and last year discharged photo-processing chemicals into onsite septic systems or sanitary sewers without permits.

Bentonville, Ark.

Bentonville, Ark. -- Wal-Mart Stores said Thursday it will open its first four stores in Washington, D.C., as part of the retailer’s effort to increase its urban expansion stride.

Wal-Mart said it plans to open the smaller-format urban stores in Washington, D.C. in late 2012, and said it has met little resistance from the area. The retailer said its poll of 800 locals found nearly three-quarters of Washingtonians favored Wal-Mart coming to the city.

New York City -- Barnes & Noble's shareholders on Wednesday ratified a shareholder rights plan that prevents an outside investor from acquiring 20% or more of the company's shares without board approval. 

Preliminary results show 72% of shareholders voted in favor of the plan at a special shareholder meeting in New York. The plan limits shareholder stakes to 20%, finally making the so-called "poison pill" official.

In the November issue of Chain Store Age (page 28), leasing specialist Bill Bosco discussed what is being called the biggest threat to retailers’ earnings: the Financial Accounting Standards Board’s (FASB) proposed new rules for lease accounting.

According to Bosco and other experts, the new rules will essentially turn operating leases into capital leases for accounting purposes, wreaking havoc on retailers’ bottom lines.