Targeting possible sources of additional revenue, states are looking to unclaimed property. Delaware is one of the states that is taking very aggressive measures to identify unclaimed property that may be subject to escheat.

Perhaps trying to control its exposure, the property holder in the matter described below entered into a voluntary disclosure agreement with Delaware. But the holder was forced to open its records to a contingency fee auditor with an incentive to maximize the amount of escheatable property. Litigation ensued.

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