The fact that so much that should not be a crime is, and so much that is not a crime (like this shit) should be. Add to it the fact that when a wifebeater is charged with killing his dumb bitch, his past history (how many time he threatened to kill her in public, how many times he put her in the hospital, etc.) is not admissible. Add to that the judge basically telling the jury to ignore evidence, & how to vote. Add to that when called to jury duty, both lawyers use it as an opportunity to invade your privacy in every way, via voir dire. Add to that jury duty is no longer voluntary (you get shanghaied). Just a few of many such examples the Justice System is broken.
We have a fundamental disagreement at the core of this situation. I don't think basically any business / money making maneuver should ever be illegal, as long as it's not defrauding investors or customers. For one, government is always a hundred steps behind the scam of the day, so they only end up punishing legit folks, for second, as soon as you allow the government to dictate every step of a business engagement, you basically have what the libertarians call a "government takeover of business" which is a step away from socialism / communism. The government "controlling the means of production" causes immeasurably more harm than a couple businesses being stripped bare and run out of business. A few thousand folks losing their jobs is nothing compared to the totalitarian reality of government controlling every aspect of business. We have plenty of examples around the world both now and in history to look at as a reference.
However you slice it, the top dogs destroy Sears, probably K-Mart too, put an end to thousands of jobs, and wind up eating steak, while the workers beg for table scraps.....plus its all perfectly legal. But another proof the Justice System is broken.