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Know the Facts Before Making a Decision 07-23-2019

Managing the Modern Workplace, July 23, 2019

I recently coached a law student working at Vinson & Elkins for the summer that when she writes a legal memorandum, she should always start with a statement of the facts of the matter as she knows them. The reason for doing this is that if she makes a conclusion on the facts, but does not tell the reader what she believes the facts to be, there could be a misunderstanding. 

The “Risk Corridors” Litigation: How Risky Should It Be to Do Business With the U.S. Government? 07-23-2019

First published by The Federalist Society, July 18, 2019

In this podcast, V&E partner Jason Levine joins The Federalist Society for a teleforum conference call on “risk corridors” litigation.

The Antitrust Divergence at the FTC: Beyond Vertical Mergers 07-23-2019

First Published in ABA's Antitrust, Vol. 33, Summer 2019

V&E lawyers Darren Tucker and Thomas Bohnett discuss the recent divides regarding antitrust enforcement. 

DOJ Signals FCPA Policy Shift Focusing on M&A Transactions, Creating New Incentives and Heightened Risks for Companies on Both Sides of Deals 07-23-2019

V&E Foreign Corrupt Practices Act Update, July 23, 2019


Recent Developments in Media, Privacy, Defamation, and Advertising Law 07-18-2019

First Published in the American Bar Association's Tort Trial & Insurance Practice Law Journal, Spring 2019

V&E lawyers Thomas Leatherbury and Marc Fuller co-wrote a paper addressing legal developments in media, privacy, defamation, and advertising law spanning October 2017 to September 2018.

To "Blue Pencil" a Non-Compete — What Does That Mean? 07-18-2019

Managing the Modern Workplace, July 18, 2019

Some people worry about the drafting of non-competes more than others. One reason for this is probably that the people who are more relaxed about how the provisions are drafted are in jurisdictions that have the safety net of local courts that will reform or “blue pencil” provisions that are found to be overly broad.

What’s in a DPA? Breaking Down Deferred Prosecution Agreements in Light of New Antitrust Division Policy 07-18-2019

V&E Government Investigations Update, July 18, 2019

The DOJ’s Antitrust Division (“Division”) recently announced a significant policy change — that we covered in depth here — that will afford non-leniency companies the opportunity to seek mitigation credit in a criminal antitrust investigation if the company had in place at the time of misconduct a robust and effective compliance program. 

Rhodium Group Report — Capturing Leadership: Policies for the U.S. to Advance Direct Air Capture Technology 07-18-2019

Direct Air Capture (DAC) is a chemical process by which carbon dioxide (CO2) is removed directly from the air. Researchers highlight DAC research, development, and demonstration (RD&D) as a means to mitigate climate change and limit the increase in global temperature.

Carbon Removal — Will This Technology Overcome the Funding Hurdle? 07-18-2019

As climate change gains attention on Capitol Hill from legislators on both sides of the aisle, proposals are increasingly referencing carbon removal technologies as a means of addressing global carbon emissions.

California Outlaws (Some) Hair Discrimination 07-16-2019

Managing the Modern Workplace, July 16, 2019

A couple of months ago, I discussed whether a company could terminate an employee who had dyed her hair pink. My conclusion was that employers could legally — at least for now — prohibit employees from having pink hair although I noted that employers were increasingly reconsidering prohibitions on hair color, tattoos and certain piercings which might have the effect of eliminating talented younger candidates from the applicant pool.

Winning the Leniency Race No Longer the Only Avenue for Avoiding Criminal Antitrust Prosecution 07-15-2019

V&E Antitrust Update, July 15, 2019

Thanks to a major policy change at the Department of Justice Antitrust Division (the “Division”), companies under investigation for criminal antitrust violations will now have the opportunity to avoid prosecution even if they are not a leniency applicant.

Increasing Climate Disclosure Mandate in the United Kingdom 07-12-2019

Earlier this month, the United Kingdom (“UK”) indicated that it is considering rules to require disclosure of certain climate-related risks. On July 2, the government released its Green Finance Strategy, which discusses the UK’s strategy for accomplishing its goals of net zero emissions by 2050.

How Emojis Can Cause Trouble in the Workplace 07-11-2019

Managing the Modern Workplace, July 11, 2019

As emojis have morphed from a cute novelty into a staple element of business communication, they have begun to pose liability risks to companies. Many of these risks stem from the fact that emojis lack universal definitions, can have multiple — often subjective — meanings, and look different on different messaging platforms.

Truth or Cyber-Consequences: Government Contractor Suspended After Suffering Cyberattack and Data Breach 07-10-2019

V&E Government Contracts Update, July 10, 2019

Government contractors that expose government information to cyberattacks may face suspension from doing business with the Federal Government. 

Play Ball: MLB’s Gig Economy and Lessons for Other Employers 07-09-2019

Managing the Modern Workplace, July 9, 2019

“The Dodgers are the Uber of baseball,” wrote Sports Illustrated’s Tom Verducci in the magazine’s February 11, 2019 issue. He meant that the Los Angeles Dodgers, who have represented the National League in the World Series the last two seasons, have achieved remarkable success by borrowing the idea of short-term contracts from the gig economy.

Corn State Legislators File Companion Bills to Marginalize the RFS Small Refinery Exemption 07-09-2019

V&E Environmental Law Update, July 9, 2019

The federal Clean Air Act requires that transportation fuel sold or introduced into commerce in the United States contain minimum levels of renewable fuel.

Celebrate Freedom, Hug a Lawyer (Previously Posted on July 3, 2018) 07-03-2019

Managing the Modern Workplace, July 3, 2019

“I have gone to jail for what I have said.” That’s what I was recently told by a lawyer from another country when he received a call from a reporter asking him to comment on a recent decision from one of his country’s courts. When I asked him how careful he had to be with what he said, he described his time spent in jail for statements he has made.

FCPA Flash Podcast - A Conversation with Fry Wernick 07-02-2019

First published by FCPA Flash – The Official Podcast of FCPA Professor, June 28, 2019

In this podcast, V&E partner Ephraim (Fry) Wernick, former Assistant Chief of the DOJ's FCPA Unit, sat down to talk to Professor Koehler regarding the Walmart enforcement action including the imposition of a monitor.

Restructuring and Refinancing Meetup - Barcelona 07-02-2019

V&E partner Federico Fruhbeck participated in the Restructuring and Refinancing Meetup of the Barcelona Bar Association on June 18, 2019 to discuss “The role of funds in refinancing and restructuring transactions in Spain.”

New York Harassment Law Is a Game Changer 07-02-2019

Managing the Modern Workplace, July 2, 2019

Last year, when I wrote about the new laws that had been passed by the New York State Assembly to combat sexual harassment, I was largely complimentary. After all, requiring employers to provide interactive training in harassment training was something that I had been recommending since I became an employment lawyer many years ago.

Insuring M&A Transactions | A&D Strategies and Opportunities Conference and Workshop – Hart Energy Conferences 09-05-2018

V&E counsel Sarah Mitchell is a panelist at the roundtable, “Insuring M&A Transactions” which will delve into the role of insurance in securing that value by reducing business risks, which can range from aborted deals to assumption of unwanted liabilities to sub-par returns.

The Nuts and Bolts of Representations and Warranties Insurance in M&A Transactions 09-05-2018

In this LIVE Webcast, V&E counsel Sarah Mitchell will join a seasoned panel of thought leaders and professionals brought together by The Knowledge Group to provide an in-depth analysis of the fundamentals as well as recent developments in representations and warranties insurance in M&A Transactions.

29th Annual Labor and Employment Law Institute 08-24-2018

V&E Labor & Employment lawyers Chris Bacon and Phileda Tennant are presenting at the State Bar of Texas' 29th Annual Labor and Employment Law Institute, a two-day course on the latest Labor and Employment topics and trends.

Bi-Monthly Cartel & Criminal Practice Update 07-30-2018

V&E lawyers Craig SeebaldLindsey Vaala, and Ryan Will will report on recent Antitrust division enforcement actions and related litigation, policy updates, international coordination, and other important developments in criminal antitrust law. 

Competition Developments in Brazil, the US and EU – What Brazilian Counsel and Companies Need to Know 07-13-2018

BMA and V&E are co-sponsoring a forum on Competition Developments in Brazil, the US and EU in BMA's São Paulo office on July 13, 2018. V&E partner, Hill Wellford, will be presenting alongside BMA partners Marcos Exposto and José Inacio Ferraz de Almeida Prado Filho.

The C2 Summit: Winning US Government Contracts Worldwide & Networking Event 06-28-2018

V&E Counsel, Jamie Tabb, will be a panelist at the C2 Summit: Winning US Government Contracts Worldwide & Networking Event in Dubai.

TowerXchange Meetup Americas 2018 06-20-2018

V&E partner Robert Dixon will chair the roundtable discussion "Swift and Effective Evaluation of M&A Opportunities in New Markets."

4th Annual GAR Live Energy Disputes 06-14-2018

Vinson & Elkins is pleased to be sponsoring the 4th Annual GAR Live Energy Disputes. The event will feature a series of thought provoking panel discussions and a networking lunch, and will conclude with a drinks reception from 5:40 p.m. onwards. 

2018 Kayo Women’s Energy & Resources Summit 06-13-2018

V&E partners Caroline Blitzer Phillips, Sarah Morgan, and Lina Dimachkieh will each speak on panels on Wednesday, June 13th and Thursday, June 14th at the conference in Houston.

National Investor Relations Institute Annual Conference 06-10-2018

On Sunday, June 10th, V&E's Steve Gill and Patrick Gadson will present, "What to Do When the Barbarians Are At Your Gate: A Shareholder Activism Bootcamp" at the NIRI Annual Conference in Las Vegas.

34th Annual Texas Federal Tax Institute 06-06-2018

V&E partner David Cole will speak on “Managing Information Requests in an IRS Audit" on Wednesday, June 6 at 2:00 p.m. 

31st Annual Environmental, Health & Safety Seminar 06-04-2018

V&E’s Emergency Response & Crisis Management practice is proud to sponsor the 31st Annual Environmental, Health & Safety (EHS) Seminar coordinated by the Texas Chemical Council (TCC) and Association of Chemical Industry of Texas (ACIT) in collaboration with the Louisiana Chemical Association (LCA) and the Louisiana Chemical Industry Alliance (LCIA).

Texas-Israel Chamber of Commerce Cyber Security Conference 05-31-2018

V&E partner Devika Kornbacher will serve as a panelist on the topic "How Government and the Private Sector Cooperate on Cyber Security Threat Management."

University of Texas Law Technology Law Conference 05-24-2018

V&E is sponsoring UT Law's Technology Law Conference.

WorldatWork 2018 Total Rewards Conference & Exhibition 05-21-2018

On Tuesday, May 22, V&E partner Shane Tucker will speak on a panel titled "How to Design the Right Performance-Based Incentive Plan for Your Organization."

Turnaround Management Association's (TMA) Healthcare Restructuring Panel Discussion 05-17-2018

V&E is proud to sponsor Turnaround Management Association’s Healthcare Restructuring Panel Discussion. V&E partner Bill Wallander is serving as Moderator on the panel. 

North American Petroleum Accounting Conference (NAPAC) 05-17-2018

North American Petroleum Accounting Conference (NAPAC) brings petroleum industry professionals together for two days of intense and important educational sessions enhanced by lively, productive discussions.

How to Stay Out of Federal Prison, and Other Helpful Tips 05-16-2018

Michael Ward, VP & Chief Compliance Officer at Juniper Networks, and V&E partners Matt Jacobs and Jessica Mussallem will share insights about the Yates Memo, in addition to how corporate leaders can minimize liability risks for themselves and their companies in light of the expanding attention on corporate and individual misconduct.

UT Law’s 25th Annual Labor and Employment Law Conference 05-10-2018

Sean Becker, head of V&E’s Labor & Employment practice, is leading a session entitled, “Anti-SLAPP for Employment Lawyers” at UT Law’s 25th Annual Labor and Employment Law Conference, a premier program on employment law practice in Texas. 

Popcorn & Principles XVI: More Fun at the Movies 05-10-2018

Nothing is more important to a lawyer's long-term success than a fundamental understanding of the rules of professional conduct. 

Alternative Sources of Capital Raising in a Distressed Market 01-13-2016

Energy Series Logo - Mini Thumbnail - 50px WideThis program covers alternative sources of capital raising in a distressed market, including private master limited partnerships (private MLPs), private investments in public equity (PIPEs), preferred offerings to private equity investors and the retail public (private and retail preferred offerings), and MLP consolidations (MLP roll-ups).

MLP 101 10-14-2015

Energy Series Logo - Thumbnail - 125x120This program covers the typical organizational and capital structure of MLPs, governance and accounting issues, and a primer on tax considerations and qualifying income.

Corn State Legislators File Companion Bills to Marginalize the RFS Small Refinery Exemption 07-09-2019

V&E Environmental Law Update, July 9, 2019

The federal Clean Air Act requires that transportation fuel sold or introduced into commerce in the United States contain minimum levels of renewable fuel.

Celebrate Freedom, Hug a Lawyer (Previously Posted on July 3, 2018) 07-03-2019

Managing the Modern Workplace, July 3, 2019

“I have gone to jail for what I have said.” That’s what I was recently told by a lawyer from another country when he received a call from a reporter asking him to comment on a recent decision from one of his country’s courts. When I asked him how careful he had to be with what he said, he described his time spent in jail for statements he has made.

FCPA Flash Podcast - A Conversation with Fry Wernick 07-02-2019

First published by FCPA Flash – The Official Podcast of FCPA Professor, June 28, 2019

In this podcast, V&E partner Ephraim (Fry) Wernick, former Assistant Chief of the DOJ's FCPA Unit, sat down to talk to Professor Koehler regarding the Walmart enforcement action including the imposition of a monitor.

New York Harassment Law Is a Game Changer 07-02-2019

Managing the Modern Workplace, July 2, 2019

Last year, when I wrote about the new laws that had been passed by the New York State Assembly to combat sexual harassment, I was largely complimentary. After all, requiring employers to provide interactive training in harassment training was something that I had been recommending since I became an employment lawyer many years ago.

ICC Arbitration Statistics Reflect Strong Arbitration Trends Worldwide 07-02-2019

V&E International Dispute Resolution Update, July 2, 2019

The International Chamber of Commerce, the world’s most prominent arbitral institution, recently released statistics on its cases for the past year. While the statistics are unique to the ICC, they likely reflect broader trends as the ICC is a global arbitration leader. 

Celebrating LGBTQ Pride and the Modern Workplace 06-27-2019

Managing the Modern Workplace, June 27, 2019

Tomorrow, June 28, marks the fiftieth anniversary of the Stonewall riot where gay men and lesbians fought back during a police raid at the Stonewall Inn, a gay bar in Greenwich Village. Because this blog is about the workplace, however, I thought it would be appropriate to talk about how far American employers, including my own law firm, have come during my lifetime in protecting the rights of LGBTQ workers, and to talk about one of my heroes of the LGBTQ movement.

Big Brother! China Doubles-Down On Ability to Monitor and Collect Data 06-27-2019

V&E Government Investigations Update, June 27, 2019

On May 28, 2019, China released draft Measures for Data Security Management (“Measures”) that purport to implement data protection requirements by creating individual rights to correct and delete personal information from data storage, mandatory notifications to individuals in the event of a data breach, and a presumption of liability on network operators for breaches caused by third-parties.

Maybe It’s Real This Time: Mexico Fights Corruption 06-26-2019

V&E Government Investigations Update, June 26, 2019

In May 2019, delivering on his central campaign promise to target corruption in Mexico, Mexico President Andrés Manuel López Obrador’s administration launched an investigation into Emilio Lozoya Austin, former CEO of Mexican state-owned oil and gas company Petróleos Mexicanos (“Pemex”) for alleged fraud, money laundering, and bribery.

DOJ Employs Aggressive Tactics to Win 5th Straight Trial Victory, Highlighting the Risks for Executives in FCPA Cases 06-25-2019

V&E Foreign Corrupt Practices Act Update, June 25, 2019

On June 20, 2019, a federal jury in Boston returned guilty verdicts against two high-level executives for their role in a conspiracy to bribe foreign government officials in Haiti, in violation of the Foreign Corrupt Practices Act (FCPA) and related money laundering and Travel Act offenses.

Does Your Arbitration Agreement Include a Carve-Out for Employee Access to the National Labor Relations Board? It Should. 06-25-2019

Managing the Modern Workplace, June 25, 2019

Most employers mandating arbitration agreements as a condition of employment do not intend to prevent employees from filing unfair labor charges with the National Labor Relations Board. 

Lenders Set Sights on Foreign Collateral, but Borrowers Need to be Cautious 06-25-2019

V&E Tax Update, June 25, 2019

New regulations under section 956 give lenders more ammunition in demanding foreign collateral for U.S. loans, but U.S. borrowers need to draft carefully to avoid tax on foreign income.

Walmart Doesn’t “Save Money,” But It May “Live Better” After DOJ Agrees to Significant Concessions to Narrow Scope of its Corporate Monitorship 06-21-2019

V&E FCPA & Global Anti-Corruption Update, June 21, 2019

In a significant departure from previous practice, the Department of Justice (“DOJ”) imposed a corporate monitor on a company even after it engaged in extensive remedial measures and enhanced its compliance functions, but DOJ also agreed to narrow the scope, obligations and term of the corporate monitorship in what is the most meaningful example yet of how DOJ intends to implement its new policy on corporate monitors.

Rat Eradication – Inflated and Otherwise 06-20-2019

Managing the Modern Workplace, June 20, 2019

In late May, the New York Times ran a grim story entitled “Rats are Taking Over New York City,” talking about the onslaught of rats in New York and other major cities. In fact, a record 17,353 rat sightings had been reported to the city hotline in the last year. 

Supreme Court Says States and Feds Can Prosecute the Same Crime, Upholding the “Separate Sovereigns” Doctrine 06-19-2019

V&E Government Investigations Update, June 19, 2019

The Double Jeopardy Clause of the Fifth Amendment of the U.S. Constitution provides that no person shall “be subject for the same offence to be twice put in jeopardy of life or limb.” 

U.S. Department of Transportation Proposed Reauthorization of Pipeline Safety Programs Focuses on the Existing Mission of PHMSA 06-19-2019

V&E Environmental Law Update, June 19, 2019

On June 3, 2019, Secretary Elaine Chao of the U.S. Department of Transportation (“DOT”) proposed a reauthorization of the DOT’s pipeline safety programs at the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) for four additional years.

FTC Report on over 200 Pharma Settlements Post-Actavis Shows Common Terms, Less “Compensation”; FTC Calls “Possible Compensation” Its “Next Frontier” 06-19-2019

V&E Antitrust Update, June 19, 2019

recent report issued by the FTC’s Bureau of Competition reveals that, in fiscal year 2016 (there is a lag in the FTC’s reporting), pharmaceutical companies filed a whopping 232 final settlement agreements resolving patent disputes between brand and generic manufacturers.

Why Does My Investor Relations Manager Need to Be in This Meeting? 06-18-2019

Managing the Modern Workplace, June 18, 2019

For public companies, whenever there is a change in leadership for whatever reason, an issue that must be addressed is whether the company needs to make a public filing disclosing the change. The company should evaluate the disclosure both from a regulatory compliance standpoint and an investor relations standpoint, carefully considering both the tone and content of the disclosure.

The Australian Digital Platforms Inquiry: Can Regulating Digital Platforms “Save” the Media Industry or Is It Fake News? 06-17-2019

First Published in ICARUS - Spring 2019 ABA Section of Antitrust Law Media and Technology Committee, April 2019

V&E lawyer Evan Miller summarizes Australia’s ongoing digital platforms inquiry.

Employment Laws Also Apply to Your Household Caretakers 06-13-2019

Managing the Modern Workplace, June 13, 2019

When you are an employment lawyer who represents management, most of your clients are businesses that have human resources departments. From time to time, however, I am cornered by friends at ball games or cocktail parties who have questions about the individual caretakers who assist them in managing their house, children, and garden, or, for example, the home health aides who might take care of their parents. 

Opioid Manufacturer Files for Bankruptcy after Settling with DOJ 06-12-2019

V&E Government Investigations Update, June 12, 2019

On June 5, the Department of Justice announced that opioid manufacturer Insys Therapeutics (Insys) agreed to settle the government’s criminal and civil investigations into an illegal marketing scheme for Subsys, an opioid spray used by adult cancer patients. 

V&E's Matt Jacobs Discusses Legal Implications from Indictments in Mueller Investigations 01-31-2019

Matt Jacobs appears on MSNBC to discuss the legal implications of Roger Stone’s indictment in the Mueller investigations.

V&E's Matt Jacobs Weighs in on Committee Investigation 01-14-2019

Matt Jacobs sits in on an MSNBC panel to discuss the subject of legal troubles facing the Trump family in light of allegations of the inaugural committee misusing and abusing funds.

V&E’s Matt Jacobs Weighs In on the Mueller Investigation 01-07-2019

V&E's Matt Jacobs, a former federal prosecuter, sits down with MSNBC during a panel discussing the Mueller investigation. 

REIT IPO Activity Could Pick Up in Late 2018 04-11-2018

First published by Nareit, April 3, 2018

Daniel LeBey, partner, capital markets and M&A at Vinson & Elkins LLP, participated in a video interview at REITwise 2018, Nareit’s Law, Accounting & Finance Conference in Hollywood, Florida.

Why Join V&E: Your Development as a Lawyer 01-02-2018

Hear from V&E Partner John B. Connally, Practice Group Leader, former Management Committee member, and LGBT affinity group member, on what he thinks are the two most important things when considering where to start your law career.

The International Reach of The Defend Trade Secrets Act 09-12-2017

V&E partner Craig Tyler outlines implications of the Defend Trade Secrets Act (DTSA) for misappropriation taking place outside of the U.S. and looks specifically at the International Trade Commission as a venue for cracking down on misappropriating products imported into the U.S.

Testing the Waters: The First Few Months of The Defend Trade Secrets Act 09-12-2017

On May 11, 2016, the Defend Trade Secrets Act (DTSA) was signed into law, providing a federal civil remedy for trade secrets misappropriation. 

Cyber-insurance 101: The Basics 08-17-2017

Increasingly, organizations are purchasing cyber-insurance or requiring their vendors to do so to mitigate risks related to cyber-attacks. In this video, partner Devika Kornbacher helps companies think through choosing the coverage that is best for them.

An Intro to The Defend Trade Secrets Act 05-11-2017

The new Defend Trade Secrets Act was signed into law by President Obama on May 11, 2016. V&E partner Steve Borgman explains what the new law is, how it differs from existing trade secrets law, and how the new law can be beneficial to parties involved in a trade secrets dispute.

Intellectual Property Rights in Complex Cross-Border Operations 05-11-2017

A common problem that arises in complex cross-border operations involving intellectual property is something referred to as the coordination problem. Rights under the law in one country may be exploited under the laws of another country. These problems can be addressed contractually if proper forethought is given.

EPA’s National Enforcement Initiatives for Fiscal Years 2017–2019 10-01-2016

On October 1, the U.S. Environmental Protection Agency’s (“EPA”) National Enforcement Initiatives (“NEIs”) for fiscal years 2017-2019 took effect.

A Profile of V&E’s Energy Appellate Practice 08-31-2016

Marie Yeates, co-chair of V&E's Appellate practice, and Appellate partner Michael Heidler have deep experience handling energy appeals, particularly in Texas and Louisiana.

A Closer Look at EPA's New Methane Rules for the Oil and Gas Industry 06-22-2016

On May 12, 2016, EPA issued a slate of final rules and an information request under the Clean Air Act directed at the oil and gas industry. This is the first time EPA is directly regulating methane as a greenhouse gas. These rules will have widespread application to the oil and gas industry, including production, processing, transmission, and storage. 

Employment Consideration in International Asset Transactions 06-03-2016

Martin Luff, counsel in V&E’s International Employment practice, highlights some of the differences between U.S. and international transactions with regards to the transfer of employment and employee benefits. Buyers and sellers must consider all potential issues that may arise in the different jurisdictions where business deals occur.

Global Reductions in Force 06-03-2016

Martin Luff, counsel in V&E’s International Employment practice, highlights the issues employers must consider when implementing global layoffs or reductions in force.

Workers’ Compensation Insurance: Do You Have the Coverage You Think You Do? 06-03-2016

There are several benefits to workers’ compensation insurance. For example, it provides benefits to an employee in the event of a workplace injury and provides an exclusive remedy protecting the employer from most types of negligence claims.

Changes to the Partnership Audit Tax Rules – What Partnerships Need to Consider Now 02-04-2016

Major changes to the rules for auditing the tax items of partnerships were made by the Bipartisan Budget Act of 2015 and will come into effect in 2018.

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