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When Onboarding New Employees, Keep An Eye on Privilege Issues 10-22-2019

Managing the Modern Workplace, October 22, 2019

There are a lot of good folks out there who might help your company but who have noncompete agreements or other restrictions in agreements with their current or recent employers. To decide whether to hire such employees, you may decide that you should review their agreement, have discussions with them about the restrictions, and maybe even reach out to their prior employer. 

Fundamentals of Texas State Court and Federal Court Summary Judgment Practice 10-22-2019

This presentation provides a foundation for understanding summary judgment practice and resources that attorneys can use to their clients’ benefits at this crucial stage of litigation.

With New Inability-to-Pay Guidance, DOJ Offers Transparency and More Flexibility to Companies Seeking Lower Fines and Penalties 10-21-2019

V&E Government Investigations Update, October 21, 2019

A new Department of Justice (“DOJ”) policy provides for additional transparency and long-needed guidance to prosecutors who often evaluate inability-to-pay claims by companies facing substantial criminal fines and penalties.

Changes to the Treatment of Agency Guidance — Implications for Regulated Companies and Government Contractors 10-21-2019

V&E Government Contracts Update, October 21, 2019

On October 9, 2019, President Trump issued the Executive Order on Promoting the Rule of Law Through Improved Agency Guidance Documents (the “Order”).

Texas Publishes Proposed Safety Rules for Rural Gathering Pipelines 10-18-2019

Environmental Blog

The Railroad Commission has formally proposed rules that would add safety requirements for rural gathering pipelines. 

Approved! NLRB Okays Workplace Policies on Media Contact and Confidentiality 10-18-2019

Managing the Modern Workplace, October 18, 2019

Last Thursday, the NLRB approved a pair of workplace rules in a decision related to the protection of proprietary client and vendor lists and limits on who may speak to the media on the employer’s behalf. The Board grounded its decision in a common sense reading of the text of the workplace rules, finding that neither rule could reasonably be read to limit any protected activity, despite some minor points of textual ambiguity.

Don’t Get “Pulled-In”: Marvell Fined by SEC for Failing to Disclose Aggressive Sales Plan 10-17-2019

The SEC recently entered into a settlement with Marvell Technology Group, Ltd., based on Marvell’s manipulation of revenue reported in the company’s public statements.

FCPA Enforcement Trends Impacting the Energy Industry 10-17-2019

Energy Series Logo - Mini Thumbnail - 50px WideEphraim (Fry) Wernick, partner in the Government Investigations and White Collar Criminal Defense group, will present a CLE drawing upon his experience as a federal prosecutor and as Assistant Chief of DOJ's Foreign Corrupt Practices Act (FCPA) Unit. The CLE will cover various FCPA topics critical to any company conducting business internationally, including explanations for the recent spike in global enforcement by domestic regulators and foreign authorities, and DOJ’s updated compliance guidance.

Launch of the United Nations Principles for Responsible Banking 10-16-2019

On September 22, 2019, 130 banks signed onto the United Nations’ newly launched Principles for Responsible Banking (the “Principles”).

‘Data is Today’s Gold’: California AG Announces Proposed CCPA Regulations to Quell the Data Rush 10-16-2019

V&E Cybersecurity & Data Privacy Update, October 16, 2019

On October 10, 2019, the California Attorney General, Xavier Becerra, published proposed regulations (the “Regulations”) designed to clarify the California Consumer Privacy Act (the “CCPA”).

Ninth Circuit Grapples with Agency Positions First Raised in Litigation 10-15-2019

First published by Tax Notes Today, September 16, 2019

In this article, the authors discuss two recent cases that question how much weight courts should give an agency’s position that is first raised in litigation

Reading the Gay Tea Leaves at the Supreme Court 10-15-2019

Managing the Modern Workplace, October 15, 2019

Last Tuesday, the Supreme Court heard oral arguments on the first LGBTQ rights cases to be heard by the Court since the 2015 gay marriage case. 

Improve Your Company’s Health Through Information Management 10-14-2019

Today’s business environment involves more information than ever before, along with more regulations, rules, and risks associated with information management.

What the Dramatic Rise in FCPA Enforcement Means for M&A 10-14-2019

A recent expansion by the DOJ to its FCPA Corporate Enforcement Policy (CEP) has gone largely unnoticed, but provides new incentives for companies to self-report misconduct discovered after a merger or acquisition, while raising the specter of increased exposure for companies and executives who sell assets tainted by corruption.

2019 Creating Pathways to Diversity® Conference 10-14-2019

V&E is proud to support the 2019 Creating Pathways to Diversity® Conference hosted by the Minority Corporation Counsel Association (MCCA) taking place Monday, October 14 through Wednesday, October 16 in New York.

Amazon Pitches Facial “Rekognition” Law to Feds 10-11-2019

On Wednesday, September 25, at a surprise appearance after a product event in Seattle, Amazon CEO Jeff Bezos revealed that the company’s public policy team is drafting proposed regulations for facial recognition technology, with plans to share them with the federal government.

What U.S. Investors Need to Know About Mexican Labor Law 10-10-2019

Managing the Modern Workplace, October 10, 2019

If you are a human resources manager or an in-house labor lawyer for a U.S. company that is doing business or contemplating doing business in Mexico, you do need to be aware of key differences between U.S. and Mexican labor laws. 

Commodities in the Crosshairs: CFTC Joins DOJ and the SEC to Target Commodity Traders for Corrupt Practices Abroad 10-10-2019

The U.S. Commodity Futures Trading Commission (“CFTC”) is entering the fight against foreign bribery and corruption.

Commerce Restricts Trade with 28 Chinese Entities 10-09-2019

V&E Export Controls Update, October 9, 2019

Effective October 9, 2019, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) added 28 Chinese entities to the Entity List – twenty governmental security bureaus and eight technology companies – thereby effectively barring exports, reexports and transfers of items subject to U.S. jurisdiction to these entities.

Trump Administration Plans to Ramp Up Total Renewable Fuel Volumes Under the RFS Program for 2020 10-09-2019

Environmental Blog

On October 4, 2019, the U.S. Environmental Protection Agency (EPA) signaled an abrupt change to the status quo, by announcing plans to issue a final rulemaking that will increase total renewable fuel volumes under the federal Renewable Fuel Standards (RFS) program beginning in 2020 to compensate for volumes lost whenever the EPA grants waivers to “small refiners,” who successfully claim a disproportionate economic hardship under the program.

Women Corporate Directors' 2019 Asia Pacific Institute: Resilient Leadership for a Disruptive Era 02-21-2019

V&E IP partner, Jennifer Chen, will be attending the Women Corporate Directors' 2019 Asia Pacific Institute program on February 21-22, 2019 in Tokyo, Japan at The Westin Tokyo.

ABA Forum on Communications Law 24th Annual Conference 01-31-2019

V&E again sponsored ABA’s annual Forum on Communications Law Conference, which took place January 31 - February 2, 2019.

Texarkana Main Event CLE 2019 01-30-2019

V&E senior associate Megan Coker will give an update on Texas Citizen Participation Act litigation at this program, hosted by the State Bar of Texas’ Government Law, Litigation, and Appellate sections and the Texas Young Lawyers Association.

Building and Overseeing Effective Compliance and Corporate Governance 01-30-2019

Join V&E professionals as we discuss key trends and developments in compliance and corporate governance and how to create and oversee a healthy and holistic compliance and corporate governance program.

13th Forum on the Foreign Corrupt Practices Act: Houston – Hosted by American Conference Institute (ACI) 01-30-2019

ACI’s annual FCPA Houston Forum has become the premier anti-corruption compliance event for local industry due the caliber of expert speakers, seniority of delegates and complexity of legal and compliance issues discussed.

Transaction Insurance Insights Conference – Hosted by Advisen 01-30-2019

Advisen’s Transaction Insurance Insights Conference will outline current trends in M&A, discuss the due diligence process and the types of issues that often come to light, and explain how those issues can be addressed, including the use of transaction insurance products so that deals can close.

Advanced Intellectual Property Law: Overview of IP 01-09-2019

V&E partners Hilary Preston and Devika Kornbacher will be speaking at the 32nd Annual Course on Advanced Intellectual Property Law on Thursday, February 28th in Dallas, TX.

PubKGroup's 4th Annual Review 12-12-2018

Dan Graham of V&E’s Washington, D.C. office is a panelist in the Protests session at PubK’s Fourth Annual Year in Review. This is a one-day webcast from the National Press Club and will provide an update and outlook for government contracting.

TowerXchange Meetup Asia 2018 12-04-2018

Vinson & Elkins is pleased to be sponsoring the TowerXchange Meetup Asia 2018.

REITworld: 2018 Annual Conference 11-07-2018

V&E partner Daniel LeBey will be speaking during the spotlight session titled “Trends in REIT Corporate Governance” taking place on Wednesday, November 7th from 10:30 a.m. until 11:30 a.m.

CAIL Conference on Intellectual Property Law 11-01-2018

V&E Partner Devika Kornbacher will speak at The Center for American and International Law's (CAIL) Conference on Intellectual Property Law on 'What IP Lawyers Need to Know About Emerging Issues in Cybersecurity."

Solar & Storage Finance USA 10-29-2018

Kaam Sahely will be speaking on the "Investors- How Is Investment Appetite for PV and Storage Evolving" panel and Peter Marshall will be moderating the "2018: The Year Solar & Storage Came of Age?" panel at this two-day solar conference.

Thirty First ITF Public Conference: Human Rights in International Investment Law 10-26-2018

V&E senior associate Alex Slade will speak on the panel "Interpretation of human rights obligations by international tribunals."

Rystad Energy Information Session 10-25-2018

Please join Lars Lysdahl, Head of New York Consulting for Rystad Energy and Robert Seber, Partner, Mergers & Acquisitions and Private Equity at Vinson & Elkins LLP for a morning of knowledge sharing.

CRE.Converge 2018 10-17-2018

On Wednesday, October 17th, V&E partners Greg Cope and Chris Mangin and senior associate Sarah Fortt will be speaking on a panel titled “Advising the Board on Crisis Management” during the General Counsel Forum at CRE.Converge.

TowerXchange Meetup Africa 2018 10-09-2018

Vinson & Elkins is pleased to be sponsoring the TowerXchange Meetup Africa 2018.

The Deal Economy Conference - Chicago 09-24-2018

V&E partner Steve Gill will speak on the Shareholder Activism panel alongside senior executives from Edelman, Voce Capital Management, Legion Partners, and Innisfree M&A Incorporated on September 24th.

Estimating System Adequacy - The Price Has to Be Right! 09-20-2018

Dan Graham of V&E’s Washington, D.C. office and Mike Mardesich of DHG’s Government Contract Advisory will be presenting on a webinar on the government’s recent assessment and audits of contractor's estimating systems and adequacy reviews of contractor's cost proposals.

Preparing for and Managing Risks Involved with Cross-Border Investigations 09-20-2018

Energy Series Logo - Mini Thumbnail - 50px WideThree former prosecutors will walk us through the government investigation process, from examining the types of events that trigger an investigation to negotiating a settlement.

American Bar Association Business Law Section Annual Meeting 09-13-2018

V&E partners Manuel Berrelez and Devika Kornbacher will speak at this year’s ABA Business Law Section Annual Meeting on Friday, September 14.

MLP Qualifying Income and Market Update 09-14-2016

Energy Series Logo - Mini Thumbnail - 50px WideThis program will cover the status of the proposed qualifying income regulations and 2016 MLP capital markets transactions, with a focus on institutional preferred equity.

Energy REITs and Real Estate MLPs 07-13-2016

Energy Series Logo - Mini Thumbnail - 50px WideThis presentation introduced V&E’s new nationally recognized team of Real Estate Investment Trust (REIT) lawyers to the firm’s clients, and explored the corporate and tax similarities between master limited partnerships (MLPs) and REITs.

MLP Simplifications, Roll-Ups, and Recapitalizations 03-09-2016

Energy Series Logo - Mini Thumbnail - 50px WideIn this presentation, V&E attorneys cover sponsor acquisitions of MLPs, MLP acquisitions of GPs and IDRs, and subordinated unit restructurings.

Key Considerations in Distressed Upstream M&A 02-17-2016

Energy Series Logo - Mini Thumbnail - 50px WideIn this program, attorneys from V&E’s Corporate and Bankruptcy practices provide strategic and practical issues to consider when acquiring oil and gas properties from distressed, insolvent and bankrupt sellers.

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.

Corporate and MLP Securities Litigation 01-21-2015

Energy Series Logo - Mini Thumbnail - 50px WideLitigation challenging the fairness of M&A transactions involving MLPs (and LLCs) has remained strong. The presentation will review recent case law regarding investment banking fairness opinions, conflicts of interest, and adequacy of disclosures in proxy or registration statements.

MLP 201 11-18-2014

The course will cover advanced MLP topics, including a discussion of qualifying income considerations and international MLP assets, with a brief update on the recent IRS private letter ruling pause.

Nevada Ups the Ante by Introducing an Opt-Out Right for Online Consumers 10-01-2019

V&E Cybersecurity & Data Privacy Update, October 1, 2019

On October 1, 2019, Nevada’s amended Internet privacy law (“Amended Law”) went into effect.

After a Long Delay, the DOL Issues a New Overtime Rule 09-26-2019

Managing the Modern Workplace, September 26, 2019

In November 2016, a Texas federal judge enjoined the Obama administration’s regulations that sought to raise the salary-level requirement for white collar exemptions under the Fair Labor Standards Act from $23,660 to $47,476. Rather than appeal the injunction, the new Trump administration instead chose to withdraw the regulations so that they could be reconsidered.

Nissan Agrees to Pay $16.1 Million to Settle SEC’s Claim of Fraudulent CEO Compensation 09-25-2019

Despite never paying any of the compensation at issue and without admitting or denying the allegations, the Nissan Motor Co., Ltd. (“Nissan”) agreed to pay the Securities and Exchange Commission (“SEC”) $15 million to settle a claim that it engaged in a $140 million fraudulent compensation scheme. 

As Pushback Grows in Europe Against Facebook’s Libra, Walmart Considers its own Cryptocurrency 09-25-2019

A few weeks ago we wrote about the skepticism Libra, Facebook’s proposed cryptocurrency, faced from U.S. regulators. Since then, Libra’s unpopularity has spread across the Atlantic.

ICC Update Note – A Step Towards Greater Transparency 09-25-2019

V&E International Dispute Resolution Update, September 25, 2019

This update provides a reminder of the ICC update note issued by the ICC on 20 December 2018 (effective from 1 January 2019) to parties and arbitral tribunals on the conduct of arbitrations under the ICC Rules of Arbitration (the “2019 Update”). 

T or F: Employers Shall Make No Rule Abridging the Freedom of Speech? 09-24-2019

Managing the Modern Workplace, September 24, 2019

It’s been so long since I’ve taken a True/False quiz, and as a young man I generally detested the format. Although the answer to the question in the title of this post is False, there really is more to it than that!

ABA Women in Antitrust Spotlight 09-23-2019

First published by ABA Antitrust Connect, Sept. 19, 2019

This ABA Women in Antitrust spotlight features Alanna Rutherford, Vice President in charge of Global Litigation & Competition at Visa.

Treasury Proposes Regulations to Implement CFIUS Reform Law: 10 Things You Need to Know 09-20-2019

V&E CFIUS Update, September 20, 2019

On Tuesday, September 17, 2019, the U.S. Department of the Treasury, which chairs the Committee on Foreign Investment in the United States (“CFIUS”), released long-anticipated proposed regulations to implement key elements of the CFIUS reform law, the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”).

So Long Side-Hustle? – California Aims to Reshape “Gig Economy” With Bill AB 5 09-19-2019

Managing the Modern Workplace, September 19, 2019

Last Wednesday, the California legislature passed bill AB 5, a sweeping measure sure to impact the “gig economy” and any business that likens itself the “Uber of _____.”  If signed into law (and the governor has already signaled his intention to sign it), AB 5 would require many companies to re-classify as “employees” many workers who are currently classified as independent contractors, so long as they satisfy certain criteria. 

THE ABC’S OF AB 5—California Passes Legislation to Rein in Gig Economy 09-19-2019

Last Wednesday, the California legislature passed bill AB 5, a sweeping measure sure to impact the “gig economy” and any business that likens itself the “Uber of _____.”

Because the Mafia Doesn’t Issue 8-Ks: DOJ Explains Recent Corporate Policy Changes and Foreshadows Additional Guidance 09-18-2019

On September 12, Deputy Assistant Attorney General Miner announced in a speech that the DOJ Criminal Division will consider issuing prosecutorial guidance on how to evaluate companies’ claims that they are unable to pay large criminal fines.

Ninth Circuit Decision Underscores Expansive Definition of “Security” 09-18-2019

Is an investment a “security” under the federal securities laws if it is made in part for reasons unrelated to investment returns? And can someone who facilitates the investment be liable for securities fraud?

New Ruling in Och-Ziff Case Could Lead to a Billion Dollar Restitution Award and Throws Doubt on Benefits of Settling FCPA Cases 09-18-2019

V&E Foreign Corrupt Practices Act Update, September 18, 2019

A federal judge in New York has found that certain investors were “victims” in a high-profile FCPA case that the government settled almost three years ago with Och-Ziff, a publicly traded hedge fund. 

Finally, Some Good For Employers in the Golden State 09-18-2019

Managing the Modern Workplace, September 18, 2019

With the California legislature’s passage of Assembly Bill 5 on September 11, 2019, which sharply restrains businesses’ use of independent contractors, California businesses welcomed some good news last week from the California Supreme Court with respect to wage and hour claims and agreements to arbitrate in ZB, N.A., et al. v. Superior Court (Lawson) (September 12, 2019).

The Federal Circuit’s Design Patent Basket Case 09-17-2019

V&E IP Insights, September 17, 2019

In Curver Luxembourg SARL v. Home Expressions Inc., the Federal Circuit held – for the first time – that a design patent’s claim language may limit the patent scope even when the article identified in the claim wording is not shown in the figures.

A Collective Bargaining Agreement’s Management Rights Clause Is No Longer Meaningless 09-13-2019

Managing the Modern Workplace, September 13, 2019

One of the biggest complaints that you will hear from employers with unionized workforces is that it is so difficult to implement minor policy changes during the term of a collectively bargained contract.

Lessons Learned: A High-Profile FARA Acquittal at Trial Provides Guidance for Both the Government and Targets of Future Investigations 09-11-2019

On September 4, a federal jury took only a few hours to return a verdict of “not guilty” for Washington, D.C. attorney and former White House Counsel Greg Craig in a high-profile trial brought by the Department of Justice’s Foreign Agents Registration Act (“FARA”) Unit and federal prosecutors from the U.S. Attorney’s Office for the District of Columbia. 

Update on Climate Change Reporting 09-11-2019

In June, the Task Force on Climate-Related Financial Disclosure (“TCFD”) issued a status report to provide an overview of current disclosure practices as they relate to the TCFD 2017 recommendations.

Property Lines No. 2: Where Charity Meets Labor Rights 09-10-2019

Managing the Modern Workplace, September 10, 2019

Late last month, I wrote about how an employer balances its property rights against the rights of employees of third parties working on their worksite. The key takeaway from that blog post was that every employer needs to think about certain property-related issues if one of its contractors were to have a labor dispute with its employees.

When Trade Secret Cases “Go Criminal” 09-09-2019

The V&E Report, September 9, 2019

At a time when the federal government is stepping up its enforcement of federal trade secret law in an effort to safeguard American intellectual property from national security threats from China and elsewhere, the recent criminal indictment of former Google and Uber executive Anthony Levandowski underscores the potential criminal specter that looms over civil trade secret disputes.

Cyber-insurance 101: The Basics 09-30-2019

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.

Protecting Data in Unlikely Places 09-25-2019

Intellectual Property partner Devika Kornbacher discusses how to protect your company data in unlikely places.

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. 

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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