Risk exposure has deteriorated broadly and materially across five or more distinct themes, with no meaningful offsets. The combination of a CEO vacancy, a live activist proxy contest, concrete 2025 store traffic declines, pervasive tariff/trade cost pressure already hitting margins, Taiwan supply concentration with military conflict exposure, and rapidly expanding AI/cyber and climate litigation risks represents a compounding, multi-front deterioration. No prior-year risk was meaningfully resolved or softened.
8 company-specific
· 11 common-mode
Revised
CRA withdrew from bilateral APA negotiations in October 2025, escalating transfer pricing audit risk. New China tax exposure and recent OBBBA/GloBE changes create material tax uncertainty requiring evaluation.
Changes in tax laws, transfer pricing, or unanticipated tax liabilities could adversely affect our effective income tax rate and profitability. We are subject to the income tax laws of the United…
Revised
New disclosure of broader litigation exposure: product liability, stockholder claims, commercial disputes, regulatory, employment matters—beyond IP. Expanded risk scope and insurance coverage concerns.
We are subject to periodic claims and litigation that could result in unexpected expenses and could ultimately be resolved against us. From time to time, we are involved in litigation and other…
Also disclosed — common-mode (Tariffs trade policy ×3, Geopolitical macro uncertainty ×3, ESG regulatory divergence ×2, AI regulatory compliance, AI cybersecurity escalation, Generative AI competition disruption)
Tariffs trade policy
New
New disclosure of material tariff impacts: increased product costs since April 2025, de minimis exemption elimination, expected margin pressure through 2026+, and operational/forecasting uncertainty.
Risks related to global economic, political, and regulatory conditions Changes to U.S. tariff and customs policy, including the elimination of the de minimis exemption, have and may further…
Tariffs trade policy
New
Newly disclosed risk of tariffs and trade restrictions materially impacting supply chain costs, margins, and revenue. Substantive operational and financial exposure.
Trade restrictions, tariffs, and customs changes could disrupt our supply chain and compress margins. Our business depends on the efficient, predictable, and cost-effective movement of goods across…
Geopolitical macro uncertainty
Revised
New material risks added: Taiwan supply concentration with military conflict risk, political polarization driving consumer boycotts and reputational harm, stricter enforcement of compliance requirements.
Global political and economic instability, including geopolitical conflicts and political polarization, could disrupt our operations and increase costs. We operate and source products across multiple…
AI regulatory compliance
Revised
Substantially expanded disclosure of AI-specific security risks, regulatory compliance obligations (EU AI Act, China regulations, U.S. legislation), data localization requirements, and sovereign AI constraints. New material operational and compliance risks.
Table of Contents Risks related to information security and technology We may be unable to safeguard against security breaches which could damage our customer relationships and result in significant…
Geopolitical macro uncertainty
Revised
New explicit disclosure of Taiwan fabric concentration geopolitical risk and military conflict exposure. Heightened specificity on supply chain vulnerability.
Risks related to our supply chain Disruptions of our supply chain, which is dependent on international suppliers, could have a material adverse effect on our operating and financial results.…
Geopolitical macro uncertainty
Revised
Added substantial new disclosure of South/Southeast Asia production risks: labor shortages, disputes, pandemics, climate impacts, transportation costs, currency revaluation, and trade sanctions—materially expanding operational risk exposure.
The fluctuating cost of raw materials and the cost of producing our products could increase our cost of goods sold. The fabrics used to make our products include synthetic fabrics whose raw materials…
Tariffs trade policy
Revised
Addition of tariffs as a new cost pressure factor. Tariffs represent a material, newly disclosed risk distinct from general inflation and competition.
Table of Contents Our sales and profitability may decline as a result of increasing costs and decreasing selling prices. Our business is subject to pressure on costs and pricing caused by many…
AI cybersecurity escalation
Revised
New explicit disclosure of AI-assisted cyberattacks as a threat vector. Removal of geographic concentration risk detail may offset slightly, but AI-enabled threats represent material escalation.
Disruption of our technology systems or unexpected network interruption could disrupt our business. We are dependent on networks, technology systems, and third parties to operate our e-commerce…
Generative AI competition disruption
Revised
New risk disclosed: failure to implement AI and technological advancements could disrupt operations, increase costs, or disadvantage competitively. Substantive addition to prior boilerplate language.
Our technology-based systems that give our customers the ability to shop with us online may not function effectively. Many of our customers shop through our e-commerce websites and mobile apps and we…
ESG regulatory divergence
Revised
Escalated from climate operational risk to include new material legal/reputational risks: litigation exposure, conflicting stakeholder pressures, enforcement risk from climate action or inaction.
Risks related to environmental, social, and governance issues Climate change and related pressures may adversely impact our business, supply chain, and financial results. We are subject to physical…
ESG regulatory divergence
Revised
Escalated from reputational/stakeholder risk to explicit legal and litigation exposure. New disclosure of lawsuits, regulatory investigations, and legal challenges creates material legal risk.
Table of Contents We face heightened scrutiny and legal risks from competing pressures regarding our ESG practices and disclosures. We are increasingly subject to scrutiny from institutional…