State Governments

Layoffs at law firms have slowed to a trickle (although we still hear the occasional rumor; email us with your tips). In the public sector, however, layoffs continue — and may even accelerate, as state governments and the federal government grapple with contentious budget issues.

Today brings word of major layoffs in Connecticut. In a just-issued report, Judge Barbara Quinn, Chief Court Administrator, laid out some serious cuts to positions in the judicial branch.

How serious? This may be hard to believe, but the number of jobs being axed exceeds the February 2009 bloodbath at Latham & Watkins….

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It’s not just the federal government that’s desperate for money. The states are, too.

One way that states are looking to fill their coffers is by auditing unclaimed property on companies’ books — so-called “escheat audits.” This isn’t the world’s sexiest topic, but an in-house lawyer might serve a valuable purpose by double-checking corporate escheat policies.

In the financial services industry, many companies must deal with unclaimed deposits and securities. But even outside that sector, most companies find themselves holding unclaimed property, in the form of uncashed vendor or payroll checks, undistributed benefits payments, or the like. Complying with escheat laws may pose a challenge.

States are now doing two things related to escheat laws to increase their revenue. First, they’re shortening the amount of time that a holder can retain unclaimed funds before turning those funds over to the state. Second, states are accelerating their use of “escheat audits” — auditing corporate books to see whether companies have complied with the applicable laws.

This has recently become big business — with implications for in-house counsel….

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