What To Do With A Delaware Unclaimed Property Audit Document Request? Pending Litigation May Provide An Answer.

If you have received a request for information in connection with a Delaware unclaimed property audit that appears to be excessively broad and you don't know how to respond, you are in good company—even Delaware seems to be unsure about the significance of these requests. However, pending litigation in the recently argued Plains All American Pipeline¹ case and the recently filed Blackhawk Engagement Services² case may provide much needed clarity.

Background In 2014, Delaware, through its agent, Kelmar, initiated an unclaimed property audit of Plains All American Pipeline, LP ("Plains"). As a part of the audit, Kelmar issued initial document requests to Plains. Plains submitted objections to Kelmar and to Delaware, arguing that the initial document requests were overly broad and sought information not reasonably relevant to the audit. Delaware responded with a letter that, according to the complaint, threatened to impose penalties and interest if Plains did not comply