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North American Edition
26th July 2024
 
THE HOT STORY
Uber, Lyft and others win California ruling to treat drivers as contractors
The California Supreme Court has upheld Proposition 22, allowing gig economy companies including Uber and Lyft to classify drivers as independent contractors. The court rejected claims that the law is unconstitutional, stating that it does not interfere with lawmakers' authority over workers' compensation. The ruling marks the end of a long legal battle and means that delivery and ride-hailing services will continue to operate under the current classification. The decision has significant implications for the over 1 million drivers in California and may have ripple effects on drivers in other U.S. states. The law, which passed with 59% of the vote, grants limited benefits to drivers but exempts companies from providing full-fledged employee rights. Labor groups expressed disappointment but highlighted other avenues for workplace protections.
STRATEGY
Albertsons and Kroger agree to pause merger
Kroger and Albertsons have agreed to temporarily halt their proposed $24.6bn merger until after a Colorado court decides an antitrust lawsuit seeking to kill the deal. The companies agreed to the temporary injunction in a state lawsuit filed by Colorado Attorney General Phil Weiser. The state sued to block the merger in February, saying the transaction would reduce competition and harm consumers, workers and suppliers. The Federal Trade Commission has separately filed a lawsuit in federal court in Oregon opposing the merger. Kroger said Thursday it agreed to the deal to focus on merits of the antitrust case itself. The pact scraps the need for a previously scheduled August 12th hearing to fight over a preliminary injunction that would bar the merger from taking place until the lawsuit is resolved. In April, Kroger and Albertsons agreed to sell more than 160 additional stores as part of a divestiture package aimed at appeasing competition regulators. 
TAX
UBS questioned by U.S. Senator over $350m tax evasion case
UBS has been probed by Senator Ron Wyden, an Oregon Democrat and chairman of the U.S. Senate Finance Committee, about whether Credit Suisse, the bank it has acquired, failed to report an American accused of evading taxes on $350m in income. The senior U.S. lawmaker asked in a letter whether Credit Suisse told U.S. tax authorities about accounts held by former military contractor  Douglas Edelman, who sold $7bn of jet fuel to the U.S. for use in military campaigns in Afghanistan and the Middle East. Edelman, together with his wife, were accused in an indictment unsealed on 3 July of hiding his profits from the Internal Revenue Service (IRS) for nearly two decades in one of the largest tax evasion schemes in U.S. history. He was arrested that day in Spain and faces extradition to the U.S., the Justice Department said at the time. The indictment offers “substantial new evidence that Credit Suisse and its employees played a significant role facilitating Edelman's alleged criminal tax conspiracy,” Wyden said in the letter to UBS boss Sergio Ermotti, which came as the Justice Department investigates whether Credit Suisse helped Americans hide assets from the IRS despite pledging to end the practice a decade ago. Credit Suisse pleaded guilty, paid $2.6 bn, and admitted it helped thousands of Americans evade taxes in a high-profile case in 2014.
LEGAL
Study claims online retail warehouses increase air pollution and health risks
A new study published in the journal Nature Communications claims online retail giants like Amazon are contributing to increased air pollution and health risks. The study reveals that huge warehouses supporting online shopping are causing a 20% increase in nitrogen dioxide levels in the air near these facilities. “Increased truck traffic to and from these recently built large warehouses means people living downwind are inhaling an increased amount of harmful nitrogen dioxide pollution,” said lead researcher Gaige Kerr, an assistant research professor of environmental and occupational health at the George Washington University Milken Institute School of Public Health in Washington, D.C. Communities of color are said to be disproportionately affected as they often live near dense clusters of warehouses. Breathing air with high levels of nitrogen dioxide can lead to respiratory issues such as asthma and respiratory infections. The study highlights the need for a shift towards zero-emissions vehicles like electric trucks to reduce pollution and improve air quality.
ECONOMY
Durable goods orders plunged 6.6% last month
Orders for durable goods dropped 6.6% in June, according to the Commerce Department, the sharpest drop since the pandemic and below the 0.3% rise expected by economists. Orders for transportation equipment plummeted by 20.5%, while orders for non-defense aircraft and parts fell even further, by 127.2%. Excluding the steep drop in orders for transportation equipment, durable goods orders rose by 0.5%. Orders for machinery and electrical equipment, appliances and components jumped by 1.6% and 1.3%, respectively, while orders for computers and electronic products climbed by 0.8%. 
Trade deficit narrows on surge in exports
The U.S. trade deficit in goods narrowed 2.5% to $96.8bn last month, according to the Commerce Department. Economists polled by Econoday were looking for the gap to narrow to $98bn. Exports rose $4.3bn to $172.3bn in June, led by industrial supplies and capital goods. Imports were up $1.7bn to $269.2bn, with gains in capital goods and consumer goods.
CORPORATE
Home goods retailer Conns files for bankruptcy, plans to close all stores
Home goods retailer Conns has filed for bankruptcy and plans to close all of its 553 stores. The company cited factors such as higher interest rates, inflation, and problems integrating retailer W.S. Badcock after its acquisition last December. Conns, which has roots dating back to 1890 and operates stores in 15 states, filed for Chapter 11 bankruptcy protection in the U.S. Bankruptcy Court in Houston. The company listed $2.4bn in assets and $1.9bn in debts. The bankruptcy filing puts investments by B. Riley Financial and Franchise Group at risk.
Swiss banking software firm Temenos lowers guidance for 2024
Swiss banking software firm Temenos has lowered its guidance for 2024 due to the impact of Hindenburg's short seller report. The report led to a two-month delay in sales processes and continued to affect the company's second quarter. Temenos now expects total software licensing growth between 3% and 6%, down from the previous guidance of 7% to 10%. The company also revised its annual recurring revenue forecast to 13%, down from the original 15%.
WORKFORCE
FAA increases rest time for air traffic controllers
The Federal Aviation Administration (FAA) has announced that it will increase the minimum rest time between shifts for air traffic controllers. The decision comes after a series of close calls between planes that were following orders from controllers. The FAA and the National Air Traffic Controllers Association have agreed to a number of changes that will be implemented in the schedules for next year. FAA Administrator Mike Whitaker said that controller fatigue is a public safety issue and must be addressed. The agreement between the FAA and the union will give controllers 10 hours off between shifts and 12 hours off before and after a midnight shift. They have also agreed to limit consecutive overtime assignments. The FAA plans to hire 1,800 controllers this year and expand its ability to hire and train controllers. 
SUPPLY CHAIN
Bangladesh garment sector reopens after protest crackdown
Garment factories and banks have reopened in Bangladesh after authorities eased a curfew imposed to contain deadly clashes sparked by student protests over civil service employment quotas. Last week's violence killed at least 186 people, according to an AFP count of victims reported by police and hospitals, during some of the worst unrest of Prime Minister Sheikh Hasina's tenure. The garment industry generates $50bn in yearly export revenue for Bangladesh, employing millions of young women to sew clothes for H&M, Zara, Gap and other leading international brands. "All garment factories have reopened across the country today," a spokesperson for the Bangladesh Garment Manufacturers and Exporters Association said.
FRAUD
IRS and Security Summit partners urge tax pros to learn signs of data theft
The IRS and its Security Summit partners are urging tax professionals to be vigilant and learn the signs of data theft. Identity thieves have been targeting tax professionals in an attempt to gain valuable client tax information. Tax professionals should watch out for warning signs such as clients receiving notices about unauthorized IRS online accounts, tax transcripts they didn't request, and incorrect balance due notices from the IRS. They should also be alert to slow or unexpected computer or network responsiveness and rejected tax returns due to duplicate Social Security numbers. If a tax professional or their firm becomes a victim of data theft, they should report the incident to the IRS and take proactive steps to protect their clients. The IRS has provided resources and guidelines to help tax professionals avoid data theft and safeguard taxpayer data.
REPUTATION
Lululemon accused of greenwashing ahead of Olympic opening ceremony
Campaigners are calling on Lululemon to drop its Be Planet ad campaign, describing it as "misleading." Just ahead of the Paris Olympics, the official Team Canada outfitter had a legal complaint filed against it by Canadian environmental campaign group Stand.earth stating that the campaign contradicts its climate record. The filing with the French Directorate General for Competition Policy, Consumer Affairs and Fraud Control claimed that since 2020 the company's Scope 3 emissions (its indirect pollution) more than doubled by 2022, to 1.2m tonnes of carbon dioxide. “Our athletes deserve to be at their absolute best in a brand that aligns with their values as Canadians, and not misled by deceptive and greenwashing marketing,” said Stand senior corporate climate campaigner Rachel Kitchin.
Chipotle CEO denies portion shrinkage amid TikTok and Reddit accusations
Chipotle chief executive Brian Niccol has rejected accusations of portion shrinkage amid TikTok and Reddit claims. In a shareholder meeting, he addressed the "portion concerns" and assured investors that there was never a directive to provide less to customers. The company has assessed its restaurants and is implementing more training and coaching to ensure consistent portion sizes. Niccol emphasized that generous portions are a core brand equity for Chipotle. The CEO's response comes after previous attempts to address the accusations. Chipotle reported an 11% increase in sales during the latest quarter, with higher profits attributed to efficient operations and the popularity of limited-time offerings. The company has no plans for further price hikes this year.
OTHER
Rise of interactive vape pens creates new youth addiction risks
Researchers at UC Riverside are raising concerns about the potential appeal of vape pens to young people and the risk of nicotine addiction among teenagers. The emergence of "smart vapes" with interactive displays and gaming capabilities has caught scientists by surprise. These devices use gimmicks to entice users, potentially leading to screen time obsession, gaming disorder, and nicotine dependence. One example offers three games styled after Pac-Man, Tetris and JetFighter, while another has a puff count competition and the ability to display rankings on social media accounts. The health effects of vapes are still uncertain, but they contain chemicals that may be toxic. Despite age restrictions, younger people are still able to obtain vape products. The California Department of Public Health found that vapes were the most commonly used tobacco product among high school students. Researchers are calling for increased awareness and regulation of vape products targeting youth.


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