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Delaware

Pushing Beyond the Limit: Examining the Scope of Subpoenas Issued During Unclaimed Property Audits

July 28, 2020 By Josh Labat, Matt Hedstrom, Kendall Houghton, Michael Giovannini, Kathleen Cornett, Maryann Luongo and Ethan Millar

A Delaware court quashed a subpoena aimed at an unclaimed property holder, but the victory may be short-lived. Our Unclaimed Property Team explores the latest court decision addressing a subpoena for records dating back to the 1990s. The subpoena asked for every check issued from 27 accounts over 20 years, including cleared and voided checks and checks issued to payees in other statesThe court found the subpoena too expansive and unreasonableThe third-party auditor’s incentives and motives were called into question Read the full advisory here. [...]Read more

Filed Under: Unclaimed Property Advisory Tagged With: AT&T, Delaware, Delaware Court of Chancery, Kelmar, Section 1172(c), State of Escheator, subpoena, Univar

A Qui Tam Win for Holders, New Federal Common-Law Ruling, JPMorgan Appeals, and a Possible California Amnesty Program

October 11, 2019 By Alston & Bird Tax Team

Our Unclaimed Property Team highlights several recent rulings – both federal and state from across the country – and a new California law that could have broad implications for holders.

Qui tam rulings in Delaware and New York
A fight for removal from state to federal court
A possible California amnesty program

Read the full advisory here. [...]Read more

Filed Under: Unclaimed Property Advisory Tagged With: Budget Act of 2019, California Amnesty, California State Controller's Office, ClubCorp, Common-Law Ruling, CVS, Delaware, New York’s False Claims Act, NYFCA, qui tam, Sentate Bill 109, Unclaimed property, UP

Univar, Chapter Two: Only a Pair of Constitutional Claims Survive Dismissal (For Now)

September 20, 2019 By Alston & Bird Tax Team

Our Unclaimed Property Team breaks down the many individual issues at stake in the continuing epic of Univar’s struggle against Delaware and its use of a third-party auditor, and how the courts are deciding in light of earlier Third Circuit rulings.

The procedural due process and equal protection claims survive
The other claims were dismissed, but could be revived later
The next chapter will be set (again) in chancery court

Read the full advisory here. [...]Read more

Filed Under: Unclaimed Property Advisory Tagged With: Delaware, Kelmar, Marathon Petroleum Corp., Third Circuit, Unclaimed property, Univar

What Is the Future State of Unclaimed Property?

November 2, 2018 By Kendall Houghton

Over the past two years, a series of sea-change developments in the unclaimed property compliance arena has impacted corporations in the U.S. As part of this series of articles produced by Duff & Phelps asking what's next, Kendall Houghton considers how investment assets will continue to generate audit disputes and litigation.

Read the articles here. [...]Read more

Filed Under: Unclaimed Property Advisory Tagged With: 2016 Revised Uniform Property Act, assets, caveat investor, Delaware, Escheat, investment, investment assets, National Association of Unclaimed Property Administrators, NAUPA, RUUPA, Unclaimed property

Predicting the Possible “Perfect Storm” of Unclaimed Property Trends in 2018

March 14, 2018 By Michael Giovannini and Kendall Houghton

Our Unclaimed Property Group looks ahead to 2018’s perfect storm of holder- and state-initiated litigation and more.

Litigation – what happened and what’s next
Adopting the Revised Uniform Unclaimed Property Act
The ABA’s Model Unclaimed Property Act
Delaware’s VDA program

Read the full advisory here. [...]Read more

Filed Under: Unclaimed Property Advisory Tagged With: ABA, ABA's Model Unclaimed Property Act, Delaware, Delaware qui tam, Escheat, False Claims Act, Litigation, Marathon Petroleum Corp., Marathon Petroleum Corp. v. Cook, New Jersey Unclaimed Property Administration, Plans All American Pipeline, Revised Uniform Unclaimed Property Act, RUUPA, Unclaimed property, unclaimed property litigation, VDA, voluntary disclosure agreements

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