Borden Consulting Group, LLC

Leading you through the financial and legal risks of unclaimed property law


Jennifer Borden named to inaugural Boston Magazine list of Top Lawyers in Boston

Borden Consulting Group founder Jennifer Borden was included in Boston Magazine’s inaugural list of the Top Lawyers in Greater Boston. Similar to other Boston Magazine lists, including Top Doctors and Top Dentists, honorees were selected by their peers. Borden was named a Top Lawyer in the Tax category. About Boston MagazineFor more than 40 years, Boston Magazine’s experienced writers, editors, and designers have captured…

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Chancery Court Answers AT&T’s Call to Quash

The federal District Court for the District of Delaware’s holding in the 2016 Temple-Inland v. Cook[1] decision that Delaware had implemented its audit program in a manner that “shocked the conscience” is well-known to all abandoned property practitioners.  Similarly, Delaware’s responsive law change in 2017, with provisions purportedly addressing the Temple-Inland Court’s constitutional concerns, has…

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ICYMI: Jennifer Borden discusses the perils of losing investments to states via escheatment

Borden Consulting Group’s Jennifer Borden joined NPR’s “Planet Money” recently to discuss the perils of losing your investments to escheatment. Hosts Audrey Quinn and Kenny Malone discuss the real-life story of Walter Schramm, who lost a small fortune to the state when his investments were escheated because of inactivity. In 1995, Schramm bought about $6,000…

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The SCRA and Securities: Protecting the Protectors

This article originally appeared in the January Newsletter of the Securities Transfer Association and is re-published here with the consent of the STA.  It has been updated to reflect the April 7, 2020 enactment of SB-0125.  by Jennifer C. Borden On April 7, SB-0125 was signed by the Governor of Michigan, clarifying the dormancy periods…

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Hello, Delaware? The Constitution is Calling

by Jennifer C. Borden & Jenna L. Bentley On December 6, 2019, AT&T filed a complaint in the United States District Court for the District of Delaware alleging violations of its rights under the Fourth and Fourteenth Amendments, and violations of the Ex Post Facto Clause of the U.S. Constitution.  The constitutional issues raised by AT&T…

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With fall filing season on the horizon, do holders face added risk based on pending Raw Data Analytics case in New York?

In the late ‘90’s, the National Association of Unclaimed Property Advisors (“NAUPA”) endorsed a nationwide amnesty program in order to increase compliance with state unclaimed property laws.  At the time, most holders were unaware of their annual escheat filing obligations and compliance was not widespread.   NAUPA reasoned that educating holders on their statutory filing requirements, while…

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