Client Report - Casualty Focus J. C. Penney Company, Inc.

Transcription

1 Client Report - Casualty Focus J. C. Penney Company, Inc. Location Company Type Formerly Known As Company Profile 6501 Legacy Dr Plano, TX Public Penney's Credit Details S&P Stock Ranking B Fortune Ranking 146 as of 2011 Experian Overall Credit Risk High Risk SIC Code 5311 SIC Code Description Established 1977 Department Stores Sales (in millions) $12, Employees 116,000 Total OSHA Violations 326 OSHA is an arm of the Department of Labor that conducts inspections of company facilities with the goal of preventing work-related injuries, illnesses and deaths. Worksites that do not meet health and/or safety standards at the time of inspection may receive an OSHA violation. Business Description J. C. Penney Company, Inc. operates department stores in the United States and Puerto Rico. The company sells family apparel and footwear, accessories, fine and fashion jewelry, beauty products, and home furnishings. It also provides various services, such as styling salon, optical, portrait photography, and custom decorating. The company also sells its products through its Internet Web site, jcp.com. J. C. Penney Company, Inc. has strategic alliance with Martha Stewart Living Omnimedia, Inc. The company was founded in 1902 and is based in Plano, Texas. Number of Legal Derogatory Items 327 Liability Amount $83, Experian Intelliscore 3.00 Experian Intelliscore Percentile 2.00 % of companies score lower and have higher credit risk Experian Commercial IntelliscoreSM is an all-industry commercial model using business information to predict business risk. Its predictiveness is among the best on the market today The objective of the Commercial Intelliscore Model is to predict seriously derogatory payment behavior. Possible score range from 0 to 100, where 0 is high risk and 100 is low risk -Liability Amount is the total dollar amount of debtor s legal liability, including accounts in collection, tax liens,judgments and/or bankruptcies -The Number of Legal Derogatory items are the sum of Tax-Lien Count, Bankruptcy,Judgment, Collection-Counter and UCC Derog Litigation and Losses Company Acc/Filing Date Amount (in millions) Top Company Casualty Cases by Settlement Amount Category Subtype Docket Number Court State J. C. Penney Company, Inc. $1.950 General Litigation Undetermined/Other 2009 CV California Workers accused department store of pay violations This class action lawsuit was brought by plaintiff Joshua Munoz, on behalf of himself and all others similarly situated, against J.C. Penney, alleging wage and hour violations by the company. The class included all non-exempt or hourly paid employees who have been employed by the company in California within four years prior to filing of the suit. The plaintiffs sued J.C. Penney Corporation Inc. and J.C. Penney Company Inc. for failing to pay wages upon termination, pay wages earned pursuant to Labor Code Section 204, provide meal periods, authorize and permit rest periods, and provide wage statements pursuant to Labor Code Section 226(a). The defense denied the class's allegations. The class sought recovery in the form of wages, penalties and injunctive relief. The parties agreed to settle prior to trial. J.C. Penney agreed to pay $1,875,000 in fees, as well as litigation costs of $75,000 to class counsel. The court also awarded a class representative enhancement of $15,000 to Munoz. The claims administrator, Rust Consulting Inc., is to be paid for actual administrative expenses not to exceed $213,000 in accordance with the terms of the settlement. The court also approved the allocation of $100,000 from the total settlement amount as penalties in connection with claims under the California Labor Code Private Attorneys General Act of Pursuant to PAGA, 75 percent of this allocation, or $75,000, will go to the Labor Workforce Development Agency. The remaining 25 percent of the allocation, or $25,000, will remain as part of the net settlement amount for distribution to participating class members. The action was then dismissed. For more information contact your Advisen rep at , support@advisen.com, or visit 1

2 The court also awarded a class representative enhancement of $15,000 to Munoz. The claims administrator, Rust Consulting Inc., is to be paid for actual administrative expenses not to exceed $213,000 in accordance with the terms of the settlement. The court also approved the allocation of $100,000 from the total settlement amount as penalties in connection with claims under the California Labor Code Private Attorneys General Act of Pursuant to PAGA, 75 percent of this allocation, or $75,000, will go to the Labor Workforce Development Agency. The remaining 25 percent of the allocation, or $25,000, will remain as part of the net settlement amount for distribution to participating class members. The action was then dismissed. J. C. Penney Corporation, Inc 1/27/2004 $1.500 Services & Operations 2005 CV Florida Woman claimed aggravation to hip injury in fall at store: On Jan. 27, 2004, plaintiff Helen McElheny, age and occupation not given, was shopping at a J.C. Penney located at the Westshore Mall. She tripped on the leg of a display table. Claiming injuries, McElheny sued J.C. Penney Corp. McElheny's lawyer contended that the table was hidden from view by a table cloth. The table cloth hid from view that a portion of the table extended into the aisle. The defense argued that the table was open and obvious. It argued that McElheny failed to see the table due to unknown reckless, careless and/or negligent actions and was the sole cause of her own injuries. At the time of the fall, McElheny contended that she was recovering from a left hip operation and that the fall aggravated the condition. She also argued that the problem aggravated her hypertension. She sought medical treatments for pain. McElheny sought past medicals McElheny contended that she had suffered a permanent physical handicap that interferes with her usual activities, recreations and ability to lead a normal life. She sought damages for past and future pain and suffering. The jury awarded McElheny $1.5 million, but found her 90% negligent, lowering the award to $150,000. The parties reached a confidential post-trial settlement. Helen McElheny $150,000 Personal Injury: Past Medical Cost $1,350,000 Personal Injury: Past Pain and Suffering. J. C. Penney Company, Inc. 5/6/2005 $0.040 Services & Operations 2007CCL00741 Woman said beauty treatment resulted in scalp lesions On May 6, 2005, plaintiff Yolanda Gonzalez-Alaniz, 29, had her hair lightened at a salon in a J.C. Penney store in Harlingen. She has a sensitive scalp and claimed that the stylist used a product that was for a normal scalp. Gonzalez-Alaniz, whose natural hair color is black, had been going to this stylist bimonthly for two or three years and claimed that before the incident the stylist had always used a sensitive-scalp product on her. Gonzalez-Alaniz sued J.C. Penney Corporation Inc., operating as J.C. Penney Styling Salon, for negligent hiring, supervision, and retention and, under respondeat superior, for the stylist's negligence. Gonzalez-Alaniz's mother was with her at the salon and testified that her daughter reacted to the product and that one or more stylists stated that the wrong product was used. The stylist, along with three other J.C. Penney employees, denied any incident and said the stylist used a sensitive-scalp product. The other employees were another stylist, the salon manager and the salon receptionist. According to Gonzalez-Alaniz, she felt an immediate burning sensation and told the stylist. She said the burning stopped when the stylist washed the product off her. Before Gonzalez-Alaniz left the salon, the stylist also waxed her eyebrows. Gonzalez-Alaniz paid her $116 salon bill before leaving. She said that four scalp lesions appeared after two weeks and that she developed migraines. Each lesion was half a millimeter in diameter. She said she used Neosporin for three days, then went to her family doctor May 24. She went to the emergency room May 25 and complained of headaches. According to Gonzalez-Alaniz, although she had been taking medication for non-migraine headaches since 1998, the ones since this incident were migraines. When the hospital found nothing that would cause migraines, she went to a neurosurgeon, who ordered a cervical MRI and a CT scan of the brain. The MRI showed a cervical disc bulge, and the CT scan was negative. She then went to two neurologists; one said that the headaches were caused by an anxiety disorder or stress disorder and that the dyes in the hair product do not permeate the scalp or cause long-lasting problems or headaches. (The defense neurologist agreed.) The plaintiff's other neurologist said he could find nothing wrong. The plaintiff's attorney said he argued that although his client had prior anxiety and stress, the stylist's negligence worsened it. The lesions went away after about 45 days, came back after two weeks, and disappeared again after another two weeks, Gonzalez-Alaniz said. She went to her family doctor about a dozen times and, according to her, complained of migraines. He prescribed medication. Gonzalez-Alaniz also claimed that her hair (which falls below her hips when she lets it down) thinned temporarily. It was back to normal by the end of Her medical bills included four years of medication for migraines. She said she continues to have migraines and that the medication makes looking after her children difficult. Medicaid had a lien for $20,000. Gonzalez-Alaniz sought that amount for past medical bills and an unspecified amount for past pain and suffering. The plaintiff's attorney said there was no evidence of future pain and suffering, but the court submitted an issue on it. The defense denied that Gonzalez-Alaniz sustained any injuries. The jury found the stylist negligent and that Gonzalez-Alaniz's damages were $40,000. J. C. Penney Company, Inc. $0.027 Government & Municipal Risks False Arrest/False Imprisonment Texas 2011 CV Pennsylvania Suit: Store employes, police held men against their will On Oct. 8, 2010, co-plaintiffs Arturo Ocampo Aponte, Francisco Jose Barba Aguilera, Oscar Ivan Ocampo Aponte, Isidro Garcia Barradas, Jose Luis Murillo Gonzalez, Miguel Angel Linares Yesca, J. Luz Murillo Rodriguez, Julio Murillo Rodriguez, and Mario Alberto Alvarez Canalizo were shopping at the Pittsburgh Mills mall in Frazer Township.According to the plaintiffs' complaint, several of the men shopped at the mall's J.C. Penney store, where one of them used a $100 bill to buy a pair of tennis shoes. Subsequently, four of the men were seized by the store's manager, and the men claimed they were taken forcibly to a security room inside the J.C. Penney store. Inside the security room, the four reportedly encountered Frazer Police Officer Joseph Martino and another officer, along with several J.C. Penney employees, who allegedly assisted the police officers in detaining and interrogating the men.the men claimed that during the incident, one of the four, Canalizo did not respond to one of the officer's commands because he did not understand English. The officer then allegedly grabbed him by the shoulder. The Frazer officers allegedly proceeded to handcuff the men's hands behind their backs, with Martino telling the men, through a translator, that they were being detained for "carrying fake money." All of the plaintiffs denied that they knowingly had possessed or used counterfeit money. The four men remained handcuffed in the security room for about 40 to 45 minutes, during which time the Frazer officers apparently rounded up the remaining plaintiffs and put them all in the backs of awaiting police cars. The officers then allegedly kept the men handcuffed in the patrol cars for about another 45 minutes.according to the plaintiffs, they were detained for between 90 minutes and four hours (depending on when during the evening they were taken into custody.) The Frazer police confiscated the purchases that the group had made at J.C. Penney, and reportedly did not return them until a week later.the group sued Martino and J.C. Penney Co. Inc., alleging violations of their Fourth and Fourteenth Amendment rights. The plaintiffs maintained that the search, seizure and detention conducted by the officers and the store employees had been performed without warrant or probable cause.all of the defendants denied any wrongdoing, and subsequently entered into settlement negotiations with the plaintiffs. In their complaint, the plaintiffs sought to have the court enter a declaratory judgment that the defendants' actions had violated the plaintiffs' rights under the Fourth and Fourteenth Amendments.Their action sought unspecified amounts of compensatory damages, jointly and severally, as well as punitive damages, costs and attorneys' fees. Prior to trial, the plaintiffs settled with Frazer Township in the aggregate amount of $27,000. (The plaintiffs also settled with J.C. Penney, for an undisclosed amount.)in a statement by Frazer Township, the municipality maintained that "in order to avoid the cost of further litigation given the number of plaintiffs, the township's insurance carrier agreed to pay each of the plaintiffs $3,000 to resolve the dispute." J. C. Penney Company, Inc. $0.000 Government & Municipal Risks False Arrest/False Imprisonment GIC California Man arrested for shoplifting alleged false arrest According to defendant: Plaintiff Mir Kashani, age 42, was detained and arrested for shoplifting after being caught on surveillance video stealing several boxes of perfume at the Fashion Valley JC Penney store. Plaintiff sued for false arrest, assault and battery, and negligence. Defendants were JC Penney Company Inc. and Bob Shoagee and Carmelita Carter, loss prevention officers. Injuries according to defendant: Emotional distress. Damages according to defendant: Humiliation, inconvenience, criminal court attorney fees. The jury found for the defense. J. C. Penney Corporation, Inc 11/1/2012 Intellectual Property Patent Infringement 2012 CV Texas On November 29, 2012, Plaintiff EMG Technology, LLC (EMG) filed a lawsuit in the United States District Court for the Eastern District of Texas against Defendant J.C. Penney Corporation, Inc (JCP) for patent infringement under the patent laws of the United States, Title 35, of United States Code. EMG is the owner of all right, title and interest of United States Patent Number 7,441,196 (the '196 Patent) entitled "Apparatus and Method of Manipulating a Region on a Wireless Device Screen for Viewing, Zooming and Scrolling Internet Content". EMG allegedly infringed claims of the '196 patent by making, using, selling and importing the technology, which is protected by the '196 patent and covers an apparatus and method for using a touch screen mobile. Defendant's acts of infringement injured and continue to injure EMG. The Plaintiff sought to permanently enjoin the defendants from further infringement, award for costs and expenses including attorneys' fees and such other relief. J. C. Penney Company, Inc. 6/1/2011 Employment Labor Disputes ; A Oregon On June 1, 2011, an appeal was filed by petitioner Mary S. Sandberg (Sandberg) against respondent JC Penney Co. Inc. (the Company) who seeks review of an order of the Workers' Compensation Board (board) denying her compensation for an injury she suffered while walking from her home to her garage to perform a work task. It was filed in the Court of Appeals of the State of Oregon; docket , A According to the court records, Sandberg was a custom decorator selling window treatments and bedding at the Company. Sandberg was required to have an office in her car, where she kept fabric samples and pricing guides. Her employer also instructed her to store excess products at her home or find another place for them. Consequently, she stored samples in her garage and was walking from the back door of her home to her garage to replace fabrics in her van when she tripped over the dog, fracturing her right wrist. The Oregon's Workers' Compensation Board determined that Ms. Sandberg's injury did not arise from her employment and denied her benefits. The appeals court reversed the board and remanded the case for reconsideration. For more information contact your Advisen rep at , support@advisen.com, or visit 2

3 selling window treatments and bedding at the Company. Sandberg was required to have an office in her car, where she kept fabric samples and pricing guides. Her employer also instructed her to store excess products at her home or find another place for them. Consequently, she stored samples in her garage and was walking from the back door of her home to her garage to replace fabrics in her van when she tripped over the dog, fracturing her right wrist. The Oregon's Workers' Compensation Board determined that Ms. Sandberg's injury did not arise from her employment and denied her benefits. The appeals court reversed the board and remanded the case for reconsideration. J. C. Penney Company, Inc. 3/27/2011 General Litigation Undetermined/Other Unknown California On March 28, 2011, A class action lawsuit has been filed in U.S. District Court for the Eastern District of California alleging that J.C. Penney placed robocalls to customer cell phones without consent, in violation of federal law. The plaintiff seeks $500 in statutory damages for every call J.C. Penney made to every class plaintiff and a court order prohibiting J.C. Penney from making similar calls in the future. J.C. Penney's actions violate the Telephone Consumer Protection Act of 1991 (TCPA), the lawsuit states, which prohibits autodialed calls with recorded or automated messages to cell phones, except in emergencies or when the recipient of the call has given prior consent to receive automated cell phone calls. In a 2008 declaratory ruling, the Federal Communications Commission, which regulates the TCPA, extended the ban on automated calls to cell phones and calls for debt collection. J. C. Penney Corporation, Inc 4/19/2010 Intellectual Property Patent Infringement 2010 CV Texas On April 19, 2010, Datatern, Inc. (plaintiff) filed a case in the United States District Court Eastern District of Texas against Staples, Inc., J.C. Penney Company, Inc., J.C. Penney Corporation, Inc., Sears Holdings Corporation, Sears, Roebuck, and Co., New York Mellon Corporation, Eagle Investment Systems LLC, Pershing LLC, Capital One Financial Corporation, Capital One Bank (USA), National Association, Capital One, National Association, Capital One Services, Inc., Regions Financial Corporation, Goldman Sachs Group, Inc., Goldman Sachs International, Goldman, Sachs & Co., Fidelity Brokerage Services LLC, FMR LLC, FMR Corp., National Financial Services LLC, The PNC Financial Services Group, Inc., PNC Bancorp, Inc., PNC Bank, National Association, PNC Holding, LLC, Bank of New York Mellon Corporation (defendant). Plaintiff is the owner by assignment of United States Patent No. 5,937,402 (the '402 Patent) entitled "System for Enabling Access to a Relational Database from an Object Oriented Program." The '402 Patent issued on August 10, Upon information and belief, Defendant Staples has been and now is infringing the '402 Patent in the State of Texas, in this judicial district, and elsewhere in the United States, by, among other things, methods practiced on various Staples websites (including, without limitation to, staples.com) through its use of logical tables and logical keys to facilitate interaction between user applications and a relational database. Defendant Staples is thus liable for infringement of the '402 patent pursuant to 35 U.S.C. 271 and also the other defendants. As a result of these Defendants' infringement of the '402 and/or '502 Patents, Plaintiff has suffered monetary damages in an amount not yet determined, and will continue to suffer damages in the future unless Defendants' infringing activities. Plaintiff, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of any issues so triable by right. On September 16, 2010, the defendant Goldman Sachs International was Dismissed. On December 22, 2010, defendants Capital One Services, Inc., Capital One, National Association, Capital One Bank (USA), National Association, Capital One Financial Corporation were dismissed. On September 16, 2010, Goldman Sachs International was dismissed. On November 22, 2010, Capital One Financial Corp and its subsidiaries in the case were dismissed. On January 20, 2011, Bank of New York Mellon Corporation, Eagle Investment Systems LLC and Pershing LLC were dismissed. Defendant Goldman Sachs Group, Inc. and Goldman, Sachs & Co. were also dismissed on January 24, On February 10, 2011, The PNC Financial Services Group, Inc and its subsidiaries in the case were dismissed. Defendants FMR Corp, FMR LLC, Fidelity Brokerage Services LLC and National Financial Services LLC were also dismissed on February 11, On March 28, 2011, Regions Financial Corporation was dismissed. J.C. Penney Corporation, Inc. 1/1/2010 Employment Labor Disputes No. A Oregon On June 6, 2011, the court of appeal of Oregon reversed and remanded the order that denies Mary S. Sandberg's compensation for an injury suffered while walking from her home to her garage to perform a work task. The plaintiff was employed by J.C. Penney as a custom decorator. Although she shared an office with other employees, she typically worked out of her van, traveling to and from appointments with customers at their homes. The plaintiff suffered a broken wrist when she stumbled over her dog at her own home. The injury occurred as she prepared to move fabric samples that she stored in her garage to her van. J.C. Penney argued that the plaintiff was not entitled to workers' compensation benefits because the injury did not arise out of her employment. However, the appellate court disagreed, according to its opinion, because the claimant was required, as a condition of her employment and for the benefit of her employer, to work in her home and garage, these areas constitute claimant's work environment when she is working, and injuries suffered as a result of the risks of those environments, encountered during work, arise out of her employment. Thus, the appellate court to reversed and remanded this action for consideration. J. C. Penney Corporation, Inc 1/1/2007 Intellectual Property Patent Infringement 2009 CV Texas On June 25, 2009, a patent infringement lawsuit was filed in the United States District Court for the Eastern District of Texas, Tyler Division captioned as Soverain Software LLC v. J.C. Penney Corporation, Inc. et al. Also named as defendants were Amway Corp., Avon Products, Inc., Bidz.com, Inc., Etronics, Inc. HSN, Inc., HSN Improvements, LLC, Cornerstone Brands, Inc., Ballard Designs, Inc., Garnet Hill, Inc., Smith & Noble, LLC, The Territory Ahead, Inc., QVC, Inc., Shutterfly, Inc., Victoria's Secret Stores Brand Management, Inc., Victoria's Secret Direct Brand Management, LLC, VistaPrint, Ltd., and VistaPrint USA, Inc.; 6:09-CV-274). This action arises under the patent laws of the United States, including 35 U.S.C. 100, et seq., for Defendants' infringement of one or more of Soverain's United States Patent Nos. 5,715,314, 5,909,492, and 7,272,639 (collectively, "the Patents in Suit"). The Complaint alleges that defendants', through its ecommerce website(s), has infringed and continues to infringe, either literally or under the doctrine of equivalents, at least claim 34 of the '314 patent, at least claim 17 of the '492 patent, and at least claim 1 of the '639 patent by: (a) making, using, offering for sale or selling within the United States products or processes that practice inventions claimed in those patents; (b) inducing others to make, use, offer for sale or sell within the United States, products or processes that practice inventions claimed in those patents; or (c) contributing to the making, using, offering for sale or selling within the United States, products or processes that practice inventions claimed in those patents. The Plaintiff seeks a judgment that its patents are not invalid and enforceable, a preliminary and permanent injunction against infringement of the patents, damages (including treble damages) and attorney fees. The case is still pending. J. C. Penney Company, Inc. General Litigation Undetermined/Other 2009 CV California Plaintiffs alleged they didn't get promised airfare vouchers The members of this class action consist of J.C. Penney customers who purchased $125 or more worth of Dockers-brand clothing around Fathers Day in 2007 and were thus eligible to receive a free round-trip airline ticket through the Round Trip Flight Voucher Promotion According to defense counsel, the promotion was mismanaged by the outside administrator hired to run it. The promotion was held in J.C. Penney stores nationwide. The named plaintiffs were Marc and Ann Germain and Raymond P. Caccioli. The class sued J.C. Penney Company Inc., Levi Strauss & Co. and Togram LLC, which was formerly known as TLC Marketing Holdings LLC and affiliated with the third-party promotion administrator (TLC). Togram did not appear. Plaintiffs' counsel argued that the named plaintiffs and others did not receive a round-trip flight even though they qualified. Counsel contended that thousands of consumers who qualified for the promotion's benefits did not receive them due to problems in management of the promotion. Defense counsel denied any wrongdoing but acknowledged that an outside promotion administrator did not handle the promotion properly. Counsel argued that thousands of consumers received the airline tickets or alternative compensation. The class sought damages for not properly receiving the round-trip airfares through the promotion. The case settled. Consumers who made qualifying purchases and returned all the paperwork for the promotion will be eligible to receive a $150 check and $100 in free Dockers merchandise. People who made qualifying purchases but did not return a form requesting flight dates and destinations will be eligible to receive $75 in free Dockers merchandise. Participants who received partial benefits will also be eligible to receive $75 in free Dockers merchandise. According to defense counsel, there was no cap on settlement payments. The settlement included a release for all of the defendants. Recent Federal Dockets for the Parent Company and its Subsidiaries Caption File date Category Docket Number Court Createads Llc V. Rite Aid Corporation Et Al Lape V. Jc Penney Corporation, Inc. Ogunsiji V. J.C. Penney Corporation, Inc. Matthew J Burger V. Rite Aid Corporation Et Al 3/7/2013 Patent 2013 cv 383 US District Court for the District of Delaware 3/7/2013 Personal Injury 2013 cv US District Court for the Eastern District of Michigan 3/1/2013 Personal Injury 2013 cv 351 US District Court for the Middle District of Florida 3/1/2013 Torts 2013 cv 1511 US District Court for the Central District of California For more information contact your Advisen rep at , support@advisen.com, or visit 3

4 Der Ovanesian V. Modular Thermal Technologies, Inc. Et Al Princeton Digital Image Corporation V. J.C. Penney Company Inc. Msa Products, Inc. V. Target Corporation Et Al Loving V. J.C. Penney Corporation, Inc. Mccollum V. J. C. Penney Company, Inc. Et Al Bailey V. J.C. Penney Corporation Inc. Sward Et Al V. J.C. Penney Company, Inc. Jaskolka Et Al V. J.C. Penney Company, Inc. Et Al Figaro V. J. C. Penney Corporation, Inc. Eclipse Ip Llc V. J.C. Penney Company, Inc. Amantea V. Jc Penney Corp, Inc Et Al 2/22/2013 Patent 2013 cv US District Court for the Southern District of Florida 2/21/2013 Patent 2013 cv 287 US District Court for the District of Delaware 2/8/2013 Patent 2013 cv 821 US District Court for the District of New Jersey 2/8/2013 Personal Injury 2013 cv 708 2/7/2013 Personal Injury 2013 cv 85 2/7/2013 Personal Injury 2013 cv 2135 US District Court for the Eastern District of Pennsylvania US District Court for the Southern District of Mississippi US District Court for the Southern District of West Virginia 2/4/2013 Product Liability 2013 cv 280 US District Court for the District of Minnesota 2/1/2013 Personal Injury 2013 cv 635 US District Court for the District of New Jersey 1/31/2013 Personal Injury 2013 cv 332 US District Court for the Northern District of Georgia 1/30/2013 Patent 2013 cv 68 US District Court for the Eastern District of Texas 1/10/2013 Personal Injury 2013 cv 49 US District Court for the District of Connecticut Description Window Blind Recall and Litigation 2009 Roman Syle Blinds Recall & Litigation EMG Technology, LLC, '196 Patent Staples Inc 2010 J.C. Penney Company Unsolicited SMS Clash Events with the Industry Root Cause Strangulation of children by cord Strangulation when a child wraps the cord around its neck. Related Litigation Patent Infringement Cyber: Privacy Violations and Data Breach Potential Insured Losses based on Industry Experience (Casualty) For more information contact your Advisen rep at , support@advisen.com, or visit 4

5 Top Industry Casualty Cases by Accident/Filing Date Company Acc/Filing Date Amount (in millions) Category Subtype Bomgaars Supply, Inc. 10/31/2012 Intellectual Property Trademark Infringement On October 31, 2012, Ranch-Way Feed Mills Inc (Plaintiff) filed a complaint in the US District Court of Colorado against Bomgaars Supply Inc (Defendan... Amazing Savings Corporation 10/1/2012 Intellectual Property Trademark Infringement On December 19, 2012, Simply Amazing LLC (Plaintiff) filed a complaint in Illinois Northern District Court against Amazing Savings Corporation and Ema... The TJX Companies, Inc. 9/28/2012 $0.000 Intellectual Property Copyright Infringement On September 28, 2012, a copyright infringement case was filed by Plaintiff L.A. Printex Industries, Inc. against The TJX Companies, Inc., TJ Sportswe... Just One Dollar 11/14/2011 Intellectual Property Trademark Infringement On November 14, 2011 Boost Worldwide, Inc. (plaintiff) filed a lawsuit in the Ohio Northern District Court against Just One Dollar (defendant) for tra... Neiman Marcus, Inc. 4/29/2010 $0.000 Employment Wage and Hour On April 30, 2010, Sheila Monjazeb filed a class action complaint against Neiman Marcus Inc, Newton Holdings Inc, TPG Capital LP, and Warburg Pincus L... Wal-Mart 10/1/2008 Services & Operations On October 1, 2008, an explosion outside a Wal?Mart in eastern Kentucky last week was caught on tape. It happened in London, Ky., when a man pulled up... Wisebuys Stores, Inc. 12/5/2007 $0.100 Cyber/Identity Risks Digital Data Breach, Loss, or Theft Police Investigate Identity Theft at Canton WiseBuys: Canton police are investigating the theft of thousands of dollars from local bank accounts in wh... Neiman Marcus, Inc. 4/8/2007 Cyber/Identity Risks Digital Data Breach, Loss, or Theft Neiman says employee data stolen: Computer equipment containing files with sensitive information of nearly 160,000 current and former employees of the... Kmart Holding Corporation 9/1/2005 $7.465 Employment Wage and Hour The plaintiff class members are approximately 72,540 current and former non-exempt employees who worked for Kmart in California between April 23, Kmart Holding Corporation 1/22/2004 $0.104 Employment Wage and Hour On January 23, 2009, a lawsuit was filed by Rosa L. Lopez, individually and on behalf of other persons similarly situated, against the K Mart Corporat... Top Industry Casualty Cases by Settlement Amount Company Acc/Filing Date Amount (in millions) Category Hudson's Bay Company $ Services & Operations Electrician paralyzed when struck by cabinet that fell over Subtype On Aug. 28, 2007, plaintiff David English, an independent contractor and master elec... Kmart Corporation 4/29/2006 $8.111 Services & Operations Undetermined/Other Stephanie Renee Keith was 31 at the time of her death. She was employed as a security guard by Securitas, Inc., and they provided security for Kmart a... Kmart Holding Corporation 9/1/2005 $7.465 Employment Wage and Hour The plaintiff class members are approximately 72,540 current and former non-exempt employees who worked for Kmart in California between April 23, The Neiman-Marcus Group Inc 6/21/2003 $2.100 Services & Operations Workers failed to properly address leaks, plaintiff alleged On June 21, 2003, plaintiff Joy Booth, 57, a salesperson, slipped in an eighth-floor loc... Mervyns 4/20/1995 $1.845 Services & Operations Trip & Fall April 20, 1995, plaintiff, a 34-year-old secretary and lifelong diabetic, was injured when she tripped and fell on boxes left in the aisle... Neiman Marcus, Inc. 10/5/1998 $0.963 Services & Operations False arrest and false imprisonment claimed by customer who was accused of shoplifting. She was handcuffed and strip-searched within an hour of arrivi... Kmart Corporation 1/14/1995 $0.700 Services & Operations Premises liability - slip and fall. On January 14, 1995, plaintiff was shopping at the Kmart store in Tucumcari. A Kmart employee turned over a mop bu... Kmart Corporation 7/16/1999 $0.462 Services & Operations Undetermined/Other Slip and Fall - Marian Jackson sued KMart Corporation for injuries she sustained when she slipped in a pool of detergent and injured her back. Jackson... Kmart Corporation 9/15/1996 $0.431 Services & Operations On September 15, 1996, plaintiff/appellee Darlene () was injured in a K-Mart store when a K-Mart employee struck her in the head with his elbow as he... For more information contact your Advisen rep at , support@advisen.com, or visit 5

6 Significant Developments - Past 3 Months Development Date J C Penney Company Inc Sues To Block Bondholders From Declaring Default-Reuters 02/04/2013 Income Statement (Millions) Current Year Previous Year 2 Years Ago 01/31/ /31/ /31/2011 Total Revenue 12, , , Cost of Sales 8, , , EBITDA , Net Interest Expense SG&A 4, , , Net Income (985.00) (152.00) EPS (4.49) (0.70) 1.60 Depreciation and Amortization - Total Balance Sheet (Millions) Current Year Previous Year 2 Years Ago 01/31/ /31/ /31/2011 Total Assets 9, , , Current Assets 3, , , Inventories - Total 2, , , Goodwill Accounts Receivable Current Liabilities 2, , , Long-Term Debt - Total 2, , , Retained Earnings (738.00) , Total Equity 3, , , Cash Flow (Millions) Current Year Previous Year 2 Years Ago 01/31/ /31/ /31/2011 Cash Flow From Operations (10.00) For more information contact your Advisen rep at , support@advisen.com, or visit 6

7 Ratio Comparison Valuation Ratio Company Peer Group Industry Group Economic Sector S&P 1,500 Price to Earnings (TTM) (3.44) Price to Sales (TTM) Profitability Ratios (%) Company Peer Group Industry Group Economic Sector S&P 1,500 Operating Margin (TTM) (16.17) Operating Margin (TTM) 3 Year Avg. (1.80) EBITDA Margin (TTM) (12.13) EBITDA Margin (TTM) 3 Year Avg Pretax Margin (TTM) (20.65) Pretax Margin (TTM) 3 Year Avg. (5.35) Effective Tax Rate (Annual) Effective Tax Rate (Annual) 3 Year Avg Management Effectiveness Ratios Company Peer Group Industry Group Economic Sector S&P 1,500 Return on Assets (9.29) Return on Assets (3 Year Avg.) (2.53) Return on Equity (27.43) Return on Equity (3 Year Avg.) Coverage & Leverage Ratio Company Peer Group Industry Group Economic Sector S&P 1,500 Times Interest earned (TTM) (11.02) EBITDA/Interest(TTM) (8.26) EBITDA - Capex/Interest (TTM) Debt to Capital (MRQ) Debt to Equity (MRQ) Debt (avg. 12 mos.) to EBITDA (TTM) (3.84) Free CF (TTM) to Total Debt (avg. 12 mos.) (29.78) Liquidity & Activity Ratios Company Peer Group Industry Group Economic Sector S&P 1,500 Current Ratio (MRQ) Quick Ratio (MRQ) AR Turnover (MRQ) Inventory Turnover AP Turnover For more information contact your Advisen rep at , support@advisen.com, or visit 7

8 Securities Summary Info Currency Code USD Ticker JCP Exchange New York Stock Exchange Issue Type Common or ordinary Stock Price - Recent Close Data Date 03/22/2013 Stock Price - 52 Week High Date - 52 Week High 3/27/2012 Stock Price - 52 Week Low Date - 52 Week Low 03/06/ Week % Change (57.13) 52 Week % Change vs. S&P Shares Outstanding (m) Market Cap (m) 3, Volume Month Average (m) Earnings Per Share (4.49) PE Ratio (3.44) PE Ratio - 5 Year Average PS Ratio 0.26 PS Ratio - 5 Year Average 0.41 Total Book Value (m) 3, Book Value per share Total Tangible Net Worth (m) 2, Total Tangible Net Worth Per Share For more information contact your Advisen rep at , support@advisen.com, or visit 8

9 Recent News J C Penney Company Inc Sues To Block Bondholders From Declaring Default-Reuters 02/04/2013 Reuters reported that J C Penney Company Inc filed a lawsuit asking a Delaware judge to declare that it is not in a default of its bond agreements, protecting nearly $3 billion of debt from being due in the coming months. The lawsuit was filed after J.C. Penney received a letter from the Brown Rudnick law, firm which said the retailer had breached a covenant of a bond indenture agreement by granting a lien on its inventory, according to the complaint filed in the Delaware Court of Chancery. The indenture agreement related to $326 million of outstanding bonds that mature in 2037, although the letter said that J.C. Penney could be in default on all of its $2.9 billion bond debt, according to the lawsuit. The letter also said bondholders believed that J.C. Penney's debt could be declared payable in less than three months. In the complaint, J.C. Penney noted that the demand from Brown Rudnick came as the company is investing significantly to update its stores. J C Penney Company Inc Comments On FY 2013 Profit Guidance-Conference Call 08/10/2012 J C Penney Company Inc announced that it fully expects to resume growth and profitable growth in fiscal According to I/B/E/S Estimates, analysts are expecting the Company to report net profit of $434 million for fiscal J C Penney Company Inc Lowers FY 2012 EPS Guidance 08/10/2012 J C Penney Company Inc announced that it is no longer anticipates achieving the previously issued non-gaap earnings guidance for fiscal J C Penney Company Inc Sells Real Estate Stake In Simon Property Group Inc-Reuters 07/23/2012 Reuters reported that J.C. Penney Co Inc raised $248 million by selling part of its stake in a Simon Property Group Inc unit. J C Penney Company Inc Cuts Another 350 Head Quarter Jobs-Reuters 07/10/2012 Reuters reported that J C Penney Company Inc announced another 350 job cuts at its Plano, Texas headquarters, completing a reorganization of its home office designed to help it bring costs in line with those of rivals. The department store chain, which is involved in a radical transformation including a new pricing strategy and the remodeling of its fleet of 1,100 stores, said the cuts will contribute to its previously announced plan to reduce costs by $900 million a year by the end of The Plano, Texas-based retailer said in April it would lay off 600 workers at its headquarters. As of January 28, 2012, the Company had 159,000 employees. J C Penney Company Inc Reaffirms FY 2012 EPS Guidance 05/15/2012 J C Penney Company Inc reaffirmed fiscal 2012 earnings guidance and expects earnings per share (EPS) of $2.16 per share which excludes non-cash qualified pension expense, restructuring charges and markdown reserves as the Company transition merchandise assortment. J C Penney Company Inc Names Ken Hannah As Chief Financial Officer 05/03/2012 J C Penney Company Inc announced that Ken Hannah has been named Chief Financial Officer effective May 7,2012. J.C. Penney Co Inc's CFO To Leave This Week-Reuters 04/12/2012 Reuters reported that J.C. Penney Co Inc said on April 11, 2012 that Michael Dastugue is leaving on April 13, 2012 after just 15 months as chief financial officer as the department store chain continues to work on its overhaul under its new chief executive. Chief Operating Officer Mike Kramer will assume the CFO duties on an interim basis while a search for a replacement is conducted, the Company said. Kramer joined Penney in December. J.C. Penney Co Inc Cuts 1000 Jobs At Headquarters, Pittsburgh-Reuters 04/06/2012 Reuters reported that J.C. Penney Co Inc laid off about 1000 employees at its headquarters in Plano, Texas and Pittsburgh customer call center, as part of its previously announced cost cutting measures, the Company said in a regulatory filing on April 06, The retailer said it will take a pre-tax cash charge of $30 million to $38 million, most of which will be recognized in its first quarter ending April 28, primarily for one-time termination costs. On April 05, 2012 the Company outlined plans to cut about 900 jobs, including roughly 600 at its headquarters, as it trims costs and tries to start running its 110 year old business more like a nimble start-up. For more information contact your Advisen rep at , support@advisen.com, or visit 9