Our services
Borden Consulting Group provides a full range of services in unclaimed property law:
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Voluntary disclosures
Our attorneys can help you with a Delaware VDA and evaluate whether your company should take advantage of one of the many self-review offers available in other states. Whether you are filing unclaimed property reports for the first time or a regular filer who has uncovered an issue not addressed previously, we have the experience to facilitate compliance and potentially avoid an audit.
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Audit defense
Due to the proliferation of contingent fee audit firms, companies frequently receive audit notices from multiple jurisdictions, with lookback periods that span decades. Our team has experience from the initial audit request right on through judicial appeal and every step in between.
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Compliance
Each client’s facts present specific concerns. Our attorneys help clients with basic questions, like how and when to file an abandoned property return. We evaluate more complex issues presented, for example, how to escheat a “new” property type that is not addressed in a statute or whether to follow state or federal law when there is a conflict. We can create multi-jurisdictional matrices tailored to your operations, and obtain letter rulings from state administrators when pre-approval for a filing position is desirable.
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M&A due diligence
Unclaimed property issues must be addressed during an acquisition. Whether it is determining the potential liability associated with a target or resolving the entitlements owed to shareholders who have not tendered, our team has experience to facilitate transactions while minimizing risk.
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Administrative appeals
Our attorneys have handled more than 100 agency decisions for clients, primarily before Massachusetts tribunals. Let us put that experience to work for you.
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Litigation
Our attorneys are admitted to practice in Massachusetts, New York and before the Supreme Court of the United States. We have litigated cases in Delaware, Georgia, New Jersey, Michigan, Pennsylvania and the First Circuit. Whether handling the case personally, being admitted pro hac vice, or overseeing the work of local counsel, our unclaimed property litigation experience is unparalleled.
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Claiming property
Shareholders who do not actively manage their investments could have their accounts deemed to be abandoned and subject to liquidation. Our attorneys have extensive experience in recovering financial assets, whether from private companies or the states. Working with us will enable you to receive the full value of your assets in a streamlined process.