Tag Archives: Scott H. Kimpel

Shareholders Show Strong Preference for Annual Say on Pay Votes

When say-on-pay was introduced under Dodd-Frank, there was a requirement that companies conduct say-on-pay frequency votes every six years for shareholders to decide whether say-on-pay votes should be held every one, two or three years. Companies first held say-on-pay frequency votes in 2011, so for many companies the 2017 proxy season is the first time that shareholders have revisited the matter since then. … Continue Reading

An Increasing Number of Proxy Challenges Focus on Equal Pay

As media outlets recently highlighted Equal Pay Day on April 4, 2017, publicly held retailers should be aware that the focus on pay equity is becoming increasingly popular among activist shareholders. This proxy season, more than 20 publicly traded companies are facing shareholder proposals at their annual meetings to vote on whether they should research and report on pay gaps by gender and race. … Continue Reading

2017 Conflict Minerals Update

With less than two months before the deadline for public companies to report to the SEC on the inclusion of conflict minerals in their products, the U.S. District Court entered a final judgment in the litigation surrounding the SEC conflict minerals rule. Continue reading for a summary of legal developments over the past year and compliance suggestions for next year.… Continue Reading

NFC Chips: The Simplest Form of Smart Packaging

As retailers continue to look for new and innovative ways to maintain communication and "touch points" with their customers, many are looking to technology-infused or "smart" packaging and advertising materials. There are many ways to drive customer interaction and web traffic through smart packaging and advertising materials, including through the use of hyperlinks, quick response codes and near field communication chips. … Continue Reading

Retail Industry Seeing Significant Increase in Software Audits

Companies across all industries, including retail, are seeing a significant uptick in software audits and similar software license compliance reviews. These audits can disrupt the day-to-day operations of even the most efficient IT departments. However, there are ways to limit exposure to such costly software audits and the associated risks, and to even prevent them from occurring in the first place. … Continue Reading

Activist Investing in the Retail Sector

In 2015, there was a record number of activist shareholder campaigns in the United States. Although activist hedge funds targeted companies across numerous industries, several retail companies found themselves in activists’ crosshairs. These included companies such as fast-food restaurant chains, convenience store operators, auto parts retailers and department store retailers.… Continue Reading

Year in Review: M&A in the Retail Sector

With the economy in a modest recovery and with cheap financing readily available, M&A activity was at an all-time high in 2015. Surpassing the prior record of 4.3 trillion dollars in deals in 2007, 2015 saw M&A activity of 4.7 trillion dollars worth of transactions. The retail sector did more than its part to contribute to the M&A upswing. Convenience stores, pharmacies and consumer products saw a large volume of deal activity.… Continue Reading
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