Vice Chancellor Joseph Slights of the Delaware Chancery Court recently criticized the state’s tactics in trying to force Univar to comply with an unclaimed-property audit, saying it was trying to have the constitutionality of the state’s escheat laws litigated in two courts at the same time.
Univar, represented by Michael P. Kelly and Matthew J. Rifino, has claimed that the audit is an unreasonable search and seizure, subjecting the company to an unconstitutional taking by the government and depriving it of its due-process rights under the Fourteenth Amendment.