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

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Jennifer C. Borden, founder of Borden Consulting Group, LLC, has specialized in all facets of unclaimed property law, including audit defense, litigation, compliance and consulting for more than twenty years.  Her practice has expanded to regulatory compliance for the securities and insurance industries, due to the often conflicting demands of regulators and auditors.  She regularly develops strategies to communicate with lost owners, defends multi-state audits and advises clients on all elements of the complex area of escheat law.  She is a member of several task forces drafting suggested revisions to the Uniform Unclaimed Property Law.

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, BCG has experience to facilitate transactions while minimizing risk.               

Administrative appeals

BCG has handled more than 100 agency decisions for clients, primarily before Massachusetts tribunals.  Let us put that experience to work for you.  

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, 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.       

BCG 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, BCG has the experience to facilitate compliance and potentially avoid an audit.

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.  The team at BCG has experience from the initial audit request right on through judicial appeal and every step in between.  

Compliance

Each client’s facts present specific concerns.  At BCG, we 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. 

Service Offerings
To learn more about our service offerings, contact us. 

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Voluntary disclosures:  

Borden Consulting Group provides a full range of services in unclaimed property law: 

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