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.
Litigation (2 articles)
The issues center on which state has jurisdiction over $150 million in uncashed official checks. Both Delaware and a group of 21 other states have laid claim to all or a portion of the $150 million sum citing federal common law and the federal Disposition of Abandoned Money Orders and Traveler’s Checks Act, respectively.