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Settlement Between Delaware and 30 States Ends MoneyGram Litigation

Following the Supreme Court’s 2023 decision in the MoneyGram case, Delaware and a coalition of 30 states have settled. Our Unclaimed Property Team examines the impact of the settlement on future litigation over escheated...more

Nevada Just Raised the Stakes for 2023 Annual Reporting with an Administrative Notice on AB 55

Our Unclaimed Property Team analyzes how the Nevada Treasury Office’s interpretation of the state’s new unclaimed property law will create chaos and disruption for holders in the already-busy fall filing cycle....more

UP Front: A 2021 Sightline for Unclaimed Property Professionals

Our Unclaimed Property Team provides a line of sight into the developing trends, ongoing policy debates, and litigated disputes that may shape the future of unclaimed property law and compliance....more

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

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...more

7/27/2020  /  Audits , Subpoenas , Unclaimed Property

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

The continuing epic of Univar’s struggle against Delaware and its use of a third-party auditor continues in district court, only to continue on in state court, again. Our Unclaimed Property Team breaks down the many...more

Retail: What's in Store - February 2019

Payments Developments in 2018 and Outlook for 2019 - The cost of accepting payments is one of the most significant expenses faced by most retailers, and managing those costs is an ongoing struggle. The year 2018 saw...more

Illinois Stealthily Enacts Version of RUUPA as Part of Budget Bill

This week, the Illinois General Assembly enacted budget legislation (SB 9) to much fanfare. Although most news stories will likely focus on the fact that the state has a budget for the first time in several years, the real...more

Delaware’s Unclaimed Property Overhaul Legislation Awaits the Governor’s Signature

Exactly two weeks after introduction, Delaware’s major unclaimed property overhaul bill – SB 13 – passed both the Senate and the House of Delaware’s General Assembly on January 26. The bill is now on the desk of newly...more

New York Looks to Further Restrict Gift Card Practices

In December, we wrote about a new gift card law in New York that took effect on Christmas day, which was enacted by Senate Bill S. 4771-E. Under that now-effective law: - Gift card issuers are prohibited from charging a...more

California Updates Unclaimed Property Law to Recognize Electronic Recurring Bank Account Activity

On September 22, California Governor Jerry Brown signed AB 2258 into law, which revises California’s Unclaimed Property Law (UPL) to expressly recognize that certain electronic recurring transactions constitute...more

Plains All American Case Dismissed – Federal Court Determines Holder Must Develop Factual Record Before Challenging Kelmar...

On August 16, 2016, the U.S. District Court for the District of Delaware granted Kelmar’s and Delaware’s motions to dismiss in Plains All American Pipeline, L.P., v. Cook, et al. The court determined that the Plaintiff (1)...more

Pennsylvania Amends IRA Provisions of Unclaimed Property Law and Adds Due Diligence Requirements

The Pennsylvania General Assembly passed HB 1605 on July 13, 2016, and it was approved by Governor Tom Wolf on the same day. Contained within this omnibus finance bill are two sections that significantly amend Pennsylvania’s...more

North Carolina Appellate Court Affirms that Taxation of Trust’s Income is Unconstitutional

On July 5, 2016, the Court of Appeals of North Carolina affirmed the 2015 decision by the superior court in The Kimberley Rice Kaestner 1992 Family Trust v. N.C. Dep’t of Revenue, which held that North Carolina was...more

Retailers, Take Note: Connecticut Adds New Gift Card Cash-Back Requirements

On June 9, Connecticut Governor Dan Malloy signed into law HB 5564, which adds Connecticut to the growing list of states that require gift card sellers or issuers to provide cash back to consumers in certain partial...more

6/17/2016  /  FinCEN , Gift-Cards , Retailers

State-vs.-State Unclaimed Property Dispute May be Heading to the Supreme Court

In March, we issued an advisory highlighting a lawsuit filed by the Pennsylvania Treasury Department against the State of Delaware in federal district court seeking to recover uncashed official checks escheated to Delaware by...more

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