By: Gary Joseph and Cornel Lupu The inherent unclaimed property exposure risk associated with mergers and acquisitions (“M&A”) is nothing to ignore. Many companies have found themselves the unfortunate inheritors of past due unclaimed property obligations that were not accounted for throughout purchase negotiations. The main M&A transactions are stock or asset acquisition. The acquired […]
Oil & Gas (10 articles)
Almost a year after a U.S. District Court dismissed a case brought by Plains All American Pipeline LLC against Delaware for its use of a contingency fee auditor (Kelmar Associates), a U.S. Court of Appeals held that Plains’ procedural due process claim was ripe for review and remanded the case to federal district court. Here’s the latest on this litigation.
On August 16th, the Delaware Federal District Court dismissed the lawsuit brought by Plains All American Pipeline against certain Delaware Department of Finance employees and Delaware’s contracted auditor, Kelmar Associates in regards to an unclaimed property audit. The court ruled that Plains did not have standing to sue Kelmar and that the allegations against the state officials were not ripe for judicial review.
As domestic energy production has boomed over the last several years, an affiliated risk item has been growing on the books and records of oil and gas firms. Specifically, the unpaid amounts associated with suspended and/or unknown owners creates “unclaimed property” for a company.