Tyco Can't Delay Eli Lilly $60M Drug Heist Suit, Judge Rules
A Florida federal judge refused Thursday to allow Tyco Integrated Security LLC
to further delay an Eli Lilly insurer's suit blaming the company for a $60
million drug heist, claiming that Tyco's prolonged effort to obtain testimony
from one of the burglars has brought the case to its "breaking point."
In his order denying Tyco's request, U.S. District Judge Beth Bloom said that
previous continuances, combined with numerous discovery disputes, have already
pushed the trial date to late March, more than a year behind schedule.
Tyco had argued that the drugmaker's insurer, National Union Fire Insurance Co.,
wouldn't be prejudiced by its attempt to get information from one of the heist's
ringleaders, Amed Villa, but Judge Bloom disagreed.
National Union has claimed that Tyco, formerly ADT Security Services Inc., lost
confidential information about an Eli Lilly distribution center in Illinois,
which Tyco received while the parties negotiated a contract.
The insurer said that Tyco's security lapse allowed Amed Villa and his brother
Amaury to pull off the 2010 burglary, which they purportedly committed by
cutting a hole in the facility's roof and deactivating the alarm system before
absconding with thousands of cases of drugs and fleeing in a tractor trailer.
Both brothers have pleaded guilty, and Amaury Villa admitted last July that he
took part in the crime, but said that he and his accomplices did not use any
confidential information from Tyco or its partners, claiming they figured out
how to disable the alarm by practicing on their home security system.
Amed Villa has refused to testify until his sentencing in Connecticut federal
court, which was scheduled for this month but had to be postponed after a third
man involved in the burglary was apprehended, according to court filings.
National Union has urged Judge Bloom to get the show on the road, accusing Tyco
in October of "belittling" the prejudice it has suffered, and arguing that
there's no way of knowing when Amed Villa will be sentenced, a matter that's
further complicated by his potential cooperation in another case in Kentucky
The judge agreed, and said Thursday that enough is enough. law360.com
Macy's Socked With Worker Suit Over Wages, Mandatory Security Bag Checks
A proposed worker class action brought by a former Macy's employee accusing the
retailer of failing to pay a legal minimum wage and proper overtime for required
work periods was bumped up to California federal court Thursday at the store's
Yulie Narez initially filed the complaint in San Benito County Court at the end
of January, contending Macy's Stores West Inc. has "systemic illegal employment
practices" in place in which the retailer intentionally failed to pay employees
for mandatory security checks of their bags conducted before meal breaks and at
the end of shifts. Macy's brought the case up to the federal level because the
amount at issue in the suit could be in excess of $5 million, according to a
The case is similar to one Macy's faced in 2011, when another California
employee attempted to certify a class of 84,000 workers who had not been paid
for mandatory bag checks as part of a companywide policy. That case was sent
to mediation in 2014, according to court records. law360.com
Jewelers' Security Alliance Crime Prevention Tips
This series will describe the most frequent crime risks for jewelry firms, taken
directly from the latest files of the Jewelers' Security Alliance (JSA), and
will provide recommendations on the most effective loss-prevention measures. The
crimes covered will include the whole range of violence and fraud that are
committed all too frequently against jewelry firms in the United States: armed
robberies, smash-and-grab robberies, safe burglaries and other burglaries,
grab-and-run thefts, switches, distraction thefts, sneak thefts, credit card
fraud, internal theft, and losses incurred by traveling salespersons or losses
not on store premises. Practical recommendations will be offered on proper
security procedures and best practices, as well as advice on necessary security
equipment and current innovations in security technology.
JSA's crime stories and loss-prevention recommendations were developed from
JSA's database of more than 10,000 crimes committed against the U.S. jewelry
industry and from information received daily from the Federal Bureau of
Investigation and countless police agencies throughout the United States.
The sponsor of the series is the Jewelers' Security Alliance, a nonprofit trade
association founded in 1883, serving the diamond, jewelry, and watch industry,
and with a membership of 20,000 jewelry locations.
Proper security is not only a matter of life and death for jewelers. The
combined costs of security and insurance represent one of the most significant
expenses in a jeweler's budget. This series can help keep jewelers safe as well
as save them from major financial losses. jckonline.com
Walmart to open 200 academies across the country focused on improving customer
service at stores
The students are Wal-Mart's department and assistant store managers who operate
its 4,600 U.S. stores. The goal is for all of the academies to be open by the
end of 2017 and for 140,000 employees to go through the program each year.
The program is part of Wal-Mart CEO Doug McMillon's plan to improve customer
service by paying people more and offering them better training. Wal-Mart said
last year, it's spending an additional $2.7 billion over two years on hourly
raises, improved benefits and training.
Last week, Wal-Mart started a new training program for cashiers and their
supervisors will be going through the academy too.
Department managers will go through two weeks of training and the assistant
store managers that they report to, will complete a six-week course. All new
department and assistant managers will continue to go through the training and
Wal-Mart plans to keep the academies open indefinitely. dallasnews.com
Retailers Grapple With Wage Pressures as Unemployment Slides
Retailers, shaking off lackluster holiday sales and battling online competition,
have a new problem to deal with. Many are facing wage pressure on their store
payrolls as the labor market tightens and states and municipalities raise the
Fourteen states increased their minimum wage as of Jan.1, with more
slated to do so this year, according to a Feb. 10 UBS research report. wsj.com
We aren't alone on job cuts - minimum wage increases & store closures
Rising UK retail wages to drive 900,000 job cuts
The retail sector, one of the UK's largest employers, is facing up to 900,000
job losses and the closure of thousands of shops in the next decade,
according to a report by an industry body.
The British Retail Consortium (BRC) warns that rising costs due to the "national
living wage" and the apprenticeship levy - both introduced by George Osborne in
last year's budget - could increase the rate of job cuts.
The BRC, which represents retail companies, stated: "Both have sound intentions
but could fail on implementation. Together these effects could mean there are as
many as 900,000 fewer jobs in retail by 2025 but those that remain will be more
productive and higher earning."
The retail sector employs about 3 million people - but of the 270,000 shops in
the UK, up to 74,000 could shut. Nearly 30% of these could be in Wales and the
north of England, the report says.
The national living wage will come into force in April, replacing the current
minimum wage of 6.50 pounds ($9.03 U.S.) an hour with a rate of 7.20 pounds
($10.02 U.S.) for the over-25s. The BRC estimated that this will cost the
industry up to 3bn pounds ($4.1B U.S.) a year. Editor's Note: Once again
using the UK as a barometer for the U.S. theguardian.com
$50.8M settlement reached between Tween Brands and Ascena Retail Group, Inc.
(Justice) in class action lawsuit
about whether Justice misled shoppers by marking items "40% off" when this price
was in reality the regular price. Justice denies all of the claims and says it
did nothing wrong. Those included have legal rights and options, such as
submitting a claim for benefits or excluding themselves from or objecting to the
settlement. Eligible claimants may receive a cash payment for $7, $13 or $20 or
a Justice voucher for $10, $20 or $30 without documentation of their Justice
purchases (Option 1). For claims with documentation of six or more purchases or
documentation of a single purchase of $105 or more, claimants may receive a
check for 14% or a Justice voucher for 20% of documented purchases (Option 2).
To get a cash payment, you must submit a claim. justiceclassaction.com
Staples Wins Bid For Amazon Docs In $6.3B Office Depot Merger Fight with FTC
A District of Columbia federal judge on Friday ordered Amazon.com Inc. to give
Staples Inc. access to certain internal business documents and sales forecasts
as part of the office supplies company's defense of the Federal Trade
Commission's attempt to block its $6.3 billion merger with Office Depot Inc.
"This type of information is likely relevant to Staples' defense in this case
because the information appears to relate to how competitive Amazon Business
will be with other competitors in the industry over the course of the next
several years," Judge Sullivan said. "Nevertheless, out of an abundance of
caution, the court will review the documents in camera before ordering that they
be produced to Staples." law360.com
OSHA - homicide fourth-leading cause of fatal occupational injuries
4,679 fatal workplace injuries took place in 2014; 403 of those were workplace
homicides. The U.S. Department of Labor's Occupational Safety and Health
Administration is heading to Wichita to investigate the shooting at Excel
American Apparel Hit With Work Stoppage Friday at co's two plants protesting
suspension of at least three factory workers
Union officials and some employees reported workers stepped away from their
machines and stopped working at 9 a.m. in Los Angeles at the company's two
manufacturing plants in the county. Jose Franco, a sewer at Sequoia who has been
working with the company since 2008, was rallying with roughly 50 others Friday
outside headquarters and reported a full stoppage by the first shift of workers
- which by his estimation was about 500 people - who were subsequently sent
home, according to Franco. The first shift is from 6 a.m. to 2:30 p.m. "All of
the workers stopped working."
Complaints about pay, changes in the production process and lack of clarity on
the business outlook from management appear to be some of the issues protesters
have taken up along with calls to bring back founder and fired chief executive
officer Dov Charney. wwd.com
Sarasota, FL: How does the Florida man who Patented the Magnetic Strip
Feel about the Chip Card?
Ron Klein had a role in creating one of finance's most influential innovations,
one that changed the way Americans think about and spend their money. Klein, 80,
of Sarasota, had a hand in inventing the magnetic strip on the back of credit
cards. He recorded the idea in a patent application 50 years ago, in April 1966.
Today's cards are packed with more data than Klein's prototypes, but the
technology is more or less the same, long outliving the reel-to-reel tapes that
inspired it. It was a very simple approach," Klein said. "You question yourself:
How in the world did it - in this world of obsolescence - did it survive from
Verizon Visits the LPRC Innovation Lab
This week, the Loss Prevention Research Council was visited by several of the
top executives for LP/AP for Verizon. The Verizon and LPRC teams were able to
collaborate on industry-specific initiatives to help get momentum rolling. A
special thank you to the Verizon team: Mike Currier, Dave Magersupp, Gabe
Esposito, Tim Dunham, Bruno Pavlicek, and Ken Matheson!
Lumber Liquidators suffers huge Q4 losses over
safety concerns of Chinese laminate products
Sources Indicate Two
Senior LP jobs have been filled? - Pier 1 & Mattress Firm
Quarterly Same Store
Signet Jewelers Q4 comp's up 4.9% with sales
Lumber Liquidators Q4 com's down 17.2% with total sales down 14%
Last week's #1 article --
Shoplifting Video Going Viral on YouTube today
Walmart customer who films shoplifter apprehension banned from store in
North Carolina man recorded a shoplifter inside Walmart's Wilmington location,
only to be verbally harassed, threatened with arrest and banned by a clueless
employee of the SuperCenter last Friday afternoon.
Jon Andrade thought he was doing the retail giant a favor by using his cell
phone to capture a petty theft, when Walmart employees turned on him and
demanded that he leave or be arrested for criminal trespassing on private
property ending the encounter by telling the man that he is "Banned." The minute
and ten seconds long video below picks up when Andrade was nearly in the parking
As John Andrade's wife wrote, he was just trying to be thoughtful. It's common
knowledge that Walmart loses billions annually to "shrinkage" which is the
retail industry's term for shoplifting: As Jon was exiting the store, he sees a
woman who has shoplifted from Walmart. She had thrown down a large purse filled
with items she had stolen and takes off, into the parking lot, out the front
doors. My husband, who worked as a security officer for over 5 years, instantly
is in the mindset to whip out his IPhone and record this woman and this incident
happening, thinking maybe he could help out; Not to mention in this day and age,
the majority of people who see a crazy incident at Walmart are going to
instantly grab their smartphone and hit record.
A Walmart employee, ironically wearing a "GAP" sweatshirt asks him to, "Please
stop recording." That's where the pleasantries ended.
The First Amendment protects photography as a pre-cursor to expressive speech -
such as Joe Andrade's post which is going viral on YouTube today - and when in
public, jurisprudence says that there is no expectation of privacy for anyone,
police or otherwise.
This North Carolina associate has become YouTube famous for the wrong
reasons, and now is going to learn (probably the hard way) when someone may or
may not record video at a SuperCenter. Editor's Note: The verbal
confrontation is too lengthy to post, but leave it to say it included