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Delaware Escheat Law

Delaware’s Escheats Law Is Back in Court

December 10, 2018 By Charles Wakefield and Kathleen Cornett

Our Unclaimed Property Group examines the latest challenge to Delaware’s Escheats Law, regulations, and audit practices. Lawsuit in response to state subpoena of holder’s records Substantive challenge to audit practices even after recent Escheats Law amendments Comparison to Plains All American Pipeline and Temple-Inland Read the full advisory here. [...]Read more

Filed Under: Unclaimed Property Advisory Tagged With: Delaware Escheat Law, District Court of Delaware, Due Process, Equal Protection, Ex Post Fato, federal common law, Fourth Amendment, Kelmar, perceived profitability, Takings Clause, Univar Inc

Unclaimed Property ADVISORY: Delaware’s Escheats Law Faces Due Process Challenge

August 15, 2017 By Alston & Bird SALT Team

Our Unclaimed Property Team delves into the Third Circuit decision that gives Plains’s due process claim its day in court and could give holders a leg up on Delaware’s Escheats Law. The district court dismisses on all counts Third Circuit allows due process claim The implications Read the full advisory here. [...]Read more

Filed Under: Unclaimed Property Advisory Tagged With: Constitution, Delaware, Delaware Escheat Law, Due Process, Equal Protection, Escheat, Ex Post Facto, Takings Clause, Third Circuit Court of Appeals

Unclaimed Property ADVISORY: Sailing the Sea Change of Delaware’s New Escheat Law

February 10, 2017 By Michael Giovannini

Now that Delaware's rewrite of its escheats laws is enshrined in Delaware law, holders will soon be faced with making some important decisions about audits and the VDA program. Our Unclaimed Property Group takes stock of what it means for holders going forward. Read the full advisory here. [...]Read more

Filed Under: Unclaimed Property Advisory Tagged With: Delaware, Delaware Escheat Law, Escheat, Estimated Methodologies, Marathon Petroleum Corp. v. Cook, SB 13, Senate Bill 13, State Escheator, Statute of Limitations, Temple-Inland, Unclaimed property, Uniform Unclaimed Property Act, virtual currency

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