On October 21, 2010, the SEC issued a litigation release announcing that it filed an enforcement action against Office Depot, Inc. According to the SEC the action was filed for: "violating fair disclosure regulations when selectively conveying to analysts and institutional investors that the company would not meet analysts' earnings estimates. The SEC also charged Office Depot with unrelated accounting violations."

On October 21, 2010, the SEC filed a complaint against Office Depot, Inc. in U.S. District Court for the Southern District of Florida. The SEC alleged that in 2007 Office Depot selectively communicated to analysts that it would not meet quarterly earning estimates. Unrelated, the SEC also alleged that Office Depot overstated its earnings in financial statements for the third quarter of 2006 through the second quarter of 2007 as a result of accounting violations. As a result of this conduct, the SEC alleged that Office Depot violated Regulation FD and Sections 13(a), 13(b)(2)(A), and 13(b)(2)(B) of the Exchange Act.

On October 28, 2010, Federal District Judge Kenneth A. Mara entered final judgment against Office Depot, Inc. pursuant to the consent of Office Depot, Inc.