Keane's Unclaimed Property Blog

Litigation (6 articles)

Litigation Alert: CA Attorney General Files Action Against ClubCorp

Litigation Alert: CA Attorney General Files Action Against ClubCorp

Compliance, Litigation, Unclaimed Property

On June 11, 2019, the California Attorney General filed a Complaint in the Superior Court of California, County of San Francisco (CGC-19-576620), alleging that ClubCorp violated California’s False Claims Act (CFCA) and the California Unclaimed Property and Unfair Competition laws when it knowingly omitted in its unclaimed property reports approximately $10 million in unclaimed initiation […]

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New Lawsuit Brings Delaware’s Audit Enforcement Measures to the Forefront: The Next Temple-Inland?

New Lawsuit Brings Delaware’s Audit Enforcement Measures to the Forefront: The Next Temple-Inland?

Compliance, Litigation, Unclaimed Property Audit

Univar alleges that the unclaimed property audit spearheaded by Kelmar violates a number of its constitutional rights, including substantive and procedural due process rights, the right to equal protection and the right to be free from unreasonable searches and seizures, and that it constitutes a taking of private property without just compensation.

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Verdict Rendered Against Overstock in Qui Tam Litigation Over Unclaimed Gift Card Balances

Verdict Rendered Against Overstock in Qui Tam Litigation Over Unclaimed Gift Card Balances

Gift Card Escheatment, Litigation

The verdict against Overstock likely means that Delaware will further scrutinize companies utilizing similar giftco structures and could possibly subject them to litigation or audit, even forcing some to re-domesticate outside of Delaware to avoid such scrutiny.  Gift card holders should be overly cautious and be prepared to defend their organizational structures to the state.

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