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FCPA Agency Theory Post-Hoskins Takes the Spotlight at FCPA Conference 12-16-2019

The recent bribery conviction of British citizen Lawrence Hoskins created a stir among white collar practitioners because it showed that the US Department of Justice (“DOJ”) could be successful using an agency theory to prosecute individuals or entities that are outside the traditional jurisdiction of U.S. prosecutors.

Obesity & the ADA in Employment Decision-Making 12-12-2019

Managing the Modern Workplace, December 12, 2019

Nobody likes comments about their weight (Heaven help the person who makes one about mine), and most people have learned that weight is a subject best approached with caution. 

GAO Urges DOD To Systematically Assess Fraud Risks Related to Contractor Ownership 12-12-2019

On November 25, 2019, the Government Accountability Office (“GAO”) published a report examining the financial and nonfinancial fraud and national security risks to the Department of Defense (“DoD”) when contractors employ “opaque ownership structures.”

With Bipartisan Support, House Passes Explicit Ban on Insider Trading 12-12-2019

The U.S. House of Representatives recently approved a bill that aims to create the first federal statute explicitly banning insider trading.

Hot Topics in the Current Restructuring Space 12-11-2019

Energy Series Logo - Mini Thumbnail - 50px WideThe restructuring market is experiencing an uptick in activity, including the energy industry. In this presentation, V&E restructuring professionals will provide an overview of the trending topics and recent business and legal developments in the restructuring space.

Unfortunately, A Bit of Ebenezer Is Needed When Giving Christmas Bonuses 12-10-2019

Managing the Modern Workplace, December 10, 2019

Although they are not as common as they once were, employees in many workplaces still expect a bonus at this time of the year, and many employers, hoping to not disappoint, give their employees something like a fixed-dollar amount or the equivalent of one week’s base pay to celebrate the holiday season. 

International Human Rights Legal Issues: Impact on Texas Lawyers and Their Clients 12-10-2019

The State Bar of Texas International Law Section & International Human Rights Committee Present "International Human Rights Legal Issues: Impact on Texas Lawyers and Their Clients" on December 10, 2019.

When Poorly Performing Employees Suddenly Get Sick 12-05-2019

Managing the Modern Workplace, December 5, 2019

You finally sit down with an employee who has performed poorly for months, and you give him or her both a detailed performance improvement plan spelling out your expectations and a time frame by which they must demonstrate substantial improvement. The very next morning, the previously healthy employee calls in sick and soon thereafter requests medical leave, supported by a doctor’s excuse, to obtain treatment for work-induced stress and depression.

Sun Capital - Penson Liability under MPAA (1st Cir.) 12-05-2019

V&E Restructuring and Reorganization Update, December 5, 2019

On November 22, 2019, the United States Court of Appeals for the First Circuit1 reversed the U.S. District Court for the District of Massachusetts’s grant of summary judgment in favor of the New England Teamsters & Trucking Industry Pension Fund, which would have imposed pension fund withdrawal liability on two private equity funds—Sun Capital Partners III2 and Sun Capital Partners IV, LP—under the Multiemployer Pension Plan Amendments Act of 1980.

Tax and Accounting Year-End Update 12-05-2019

BDO USA, LLP and Vinson & Elkins LLP invite you and your colleagues to a complimentary CPE and CLE program. This event highlights timely technical and legal updates and provides key takeaways on tax and accounting issues, relevant to both public and private companies.

Court Rejects “Tacit Understanding” Theory to Set Aside Part of Guilty Verdict in Executives’ Opioid Trial 12-04-2019

Executives convicted of an illegal scheme involving opioid marketing received a partial victory when the trial court vacated part of the jury’s guilty verdict.

International Conference on the Foreign Corrupt Practices Act 12-04-2019

V&E partners Palmina FavaMatt Jacobs and Ephraim “Fry” Wernick will speak at the 36th International Conference on the Foreign Corrupt Practices Act hosted by the American Conference Institute.

Why Is This Important? 12-03-2019

Managing the Modern Workplace, December 3, 2019

The heritage of indigenous people in Guatemala, the right of Nigerian women to avoid being the subject of human trafficking, the working conditions of employees in northern Brazil. Besides a general wish for others to be treated fairly, why are these types of matters important to Texas companies and their Texas-based lawyers? 

The Future of Shareholder Activism: Navigating the Increasingly Complex Landscape Webcast 12-03-2019

V&E partner Jeff Floyd will participate in a live CLE Webinar with The Knowledge Group entitled “The Future of Shareholder Activism: Navigating the Increasingly Complex Landscape,” which will focus on recent developments and discuss strategic practices in the current shareholder activism landscape.”

Privcap Energy Game Change 2019 12-03-2019

V&E partner Brittany Sakowitz will participate on a panel discussion titled "Deal Terms: What's the Market?" with executives from EnCap Investments and Kayne Anderson at the 2019 Energy Game Change Conference in Houston.

3rd Annual Private Equity and Secondaries Investor Summit 12-03-2019

The 3rd Annual Private Equity and Secondaries Investor Summit will take place on December 3-4 in New York. On Wednesday, December 4, V&E partner Caroline Blitzer Phillips will interview Byron Wien, Vice Chairman of Blackstone.

CFIUS Annual Report for 2016 and 2017 Reflects Longer Timelines and a Significant Increase in Abandoned Transactions 11-27-2019

V&E CFIUS Update, November 27, 2019

On November 22, 2019, the Committee on Foreign Investment in the United States (“CFIUS”) released its long-awaited Annual Report to Congress covering calendar years 2016 and 2017.

The Problem with Non-Disparagement Clauses 11-27-2019

Managing the Modern Workplace, November 27, 2019

“If I am going to have to pay her a severance, I want to make sure that she doesn’t go around bad mouthing me or my company,” is not an unusual plea from an employer who is parting ways with a difficult employee. 

Japan Hosts First-Ever Summit on Implementation of TCFD Recommendations 11-25-2019

On October 8, 2019, the government of Japan hosted the first-ever corporate summit (the “Summit”) in Tokyo to discuss and guide implementation of the Task Force on Climate-Related Financial Disclosures (“TCFD”) recommendations.

EPA Enforcement Trends and New Limits on Agencies’ Use of Non-regulatory Guidance 11-21-2019

Energy Series Logo - Mini Thumbnail - 50px WidePatrick Traylor, partner in the Environmental & Natural Resources Group, addressed this Administration’s national compliance initiatives, its policy on coordination between the federal government and states, and the challenges and opportunities facing the energy industry. Conrad Bolston, senior associate in the Environmental & Natural Resources Group, presented on recent developments potentially limiting the use of guidance by agencies and increasing transparency and the implications for the energy industry.

Solar & Storage Finance Texas 04-09-2019

The Solar & Storage Finance Texas conference will take place in Austin, Texas on April 9 and 10.

Independent Petroleum Association of America's (IPAA) Oil & Gas Investment Symposium 04-08-2019

V&E partner Brenda Lenahan will join representatives from Ernst & Young on a panel addressing "Valuation Creation and Strategic Exit Readiness" at the Independent Petroleum Association of America (IPAA)'s Oil & Gas Investment Symposium in New York.

Tax Executives Institute (TEI) 2019 Mid-Year Conference 04-01-2019

On April 1, V&E partner Gary Huffman will speak as a co-panelist on "The New Limitation on the Deduction for Business Interest Expense Under Section 163(j)" at the Tax Executives Institute's 2019 Mid-Year Conference.

31st Annual International Law Institute 03-28-2019

Vinson & Elkins senior associate Rob Landicho will moderate the International Arbitration panel at the 31st Annual International Law Institute on Thursday, March 28.

Nareit REITwise: 2019 Law, Accounting & Finance Conference 03-26-2019

V&E partner Chris Mangin will speak on "Partnership Tax Issues" on Wednesday, March 27th at Nareit's REITwise: 2019 Law, Accounting & Finance Conference in San Antonio.

Trade Association Antitrust Compliance: Safety in Numbers? 03-25-2019

V&E Partner Hill Wellford will speak on a panel titled “Trade Association Antitrust Compliance: Safety in Numbers?” at the ABA spring meeting session on Thursday, March 28.

Antitrust Law 2019 Spring Meeting 03-25-2019

V&E will be taking part in the American Bar Association Antitrust Law 2019 Spring Meeting. 

Advocating Before the Agencies: White Papers & Meetings 03-22-2019

V&E Partner Darren Tucker will speak on a panel titled “Advocating Before the Agencies: White Paper & Meetings” at the ABA spring meeting session on Wednesday, March 27.

Climate Leadership Conference 03-20-2019

On Wednesday, March 20, V&E partner Margaret Peloso will speak on the panel "Navigating the Burgeoning Climate Disclosure Landscape."

Parlor Talks at V&E Featuring Charles F. Robinson 02-28-2019

Please join Vinson & Elkins in a conversation with Charles Robinson.

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.

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.

It’s Time For Federal Contractors To Review Their Disability Affirmative Action Programs 11-21-2019

Managing the Modern Workplace, November 21, 2019

Earlier this year, the Office of Federal Contract Compliance Programs (“OFCCP”) announced that it will be placing an increased emphasis on disability inclusion in the workplace. In order to accomplish that goal, the agency said it will be conducting “focused reviews” of compliance with Section 503 of the Rehabilitation Act, which requires federal contractors to take affirmative action to recruit, hire, promote, and retain individuals with disabilities.

DOJ Antitrust Division Intervenes in Private No-Poach Class Action to Obtain Right to Enforce Settlement Agreement 11-20-2019

On November 9, 2019, the DOJ Antitrust Division issued a press release detailing its role in the resolution of a private no-poach class action against Duke University and the University of North Carolina for their alleged agreement not to compete for each other’s medical faculty.

Governments Are Feeding on Facebook Data: Report Shows Recent Rise in Official Requests for User Information 11-20-2019

For the period between January and June 2019, Facebook received 128,617 requests for user data from various government entities—16% above the 110,634 requests in the period between July and December 2018.1

Bearing Arms Part II: Firearms Policy Safety Considerations 11-19-2019

Managing the Modern Workplace, November 19, 2019

In our last installment on state regulation of employers’ firearms policies, found here, we discussed the legal boundaries that Texas imposes on firearms policies generally. Today, we turn towards some of the safety considerations an employer may weigh when they are choosing what kind of policy they will implement.

Exxon Climate Securities Litigation 11-18-2019

Climate Change Blog

The office of New York Attorney General Letitia James filed a complaint against ExxonMobil (“Exxon”) in October 2018 in New York state court. The case alleges a violation of New York’s Martin Act, which provides the attorney general broad powers to investigate financial fraud.

How Companies Can Respond to the Boom in FCPA Enforcement Fueled by International Cooperation 11-15-2019

First published by Anti-Corruption Report, October 30, 2019

In this article, V&E partner Ephraim "Fry" Wernick and V&E associate Pete Thomas explain what is behind the dramatic rise in coordinated prosecutions between the United States and foreign authorities and what this means for multinational companies with business operations around the world.

One Tweet, and the World Is at Your Door 11-14-2019

Managing the Modern Workplace, November 14, 2019

Recent events show that all it takes is one tweet from even a midlevel manager of a company to create an international incident. 

SEC Enforcement Report Signals Increased Enforcement, Lingering Limitations from Kokesh 11-13-2019

Last week on November 6, 2019, the SEC Enforcement Division released its annual report on the Commission’s enforcement activities for the fiscal year.

Second Circuit Considers Reach of Bribery Laws Beyond U.S. 11-13-2019

On November 7, 2019, a Second Circuit panel1 heard oral argument on whether the use of United States wire services in effecting a bribery scheme is enough, without more, to pull defendants within the scope of U.S. criminal honest-services wire fraud statutes.2

United States of America (USA) Delos Guide To Arbitration Places (GAP) 11-12-2019

First Published in Delos Dispute Resolution, November 12, 2019

The United States is one of the most sought-after arbitration venues in the world. The United States is known for vigorous enforcement of arbitral awards, neutral dispute resolution, and judicial preferences in favor of arbitration. 

SEC’s Proposed Proxy Process Amendments Would Give ISS a Taste of Its Own Medicine 11-12-2019

V&E SEC Update, November 13, 2019

On November 5, 2019, a divided Commission voted on two proposed rule amendments:  Amendments to Exemptions from the Proxy Rules for Proxy Voting Advice (the “Proxy Advisory Proposed Rules”) and Procedural Requirements and Resubmission Thresholds under Exchange Act Rule 14a-8 (the “Rule 14a-8 Proposed Rules”).  

Bearing Arms Part I: Texas Tips on Implementing a Lawful Firearms Policy 11-12-2019

Managing the Modern Workplace, November 12, 2019

For three years, Texas law has allowed folks with a concealed license the right to carry their firearms openly. Texas continues to expand the rights of gun owners.

Good Air Pollution Control Practice Enforcement—It’s a Real Thing 11-07-2019

Environmental Blog

In September 2019, a federal district court in Massachusetts ordered  the owner of a fuel storage terminal to pay $1.2 million in civil penalties for violations of the Clean Air Act and the Clean Water Act.

Requirements for Lactation in the Workplace Continue to Evolve 11-07-2019

Managing the Modern Workplace, November 7, 2019

States (and cities) across the country are increasing protections for employees that are lactating. Effective January 1, 2020, a new California law amends and broadens pre-existing requirements for employers’ accommodations of lactating employees, as well as the penalties for non-compliance. 

Government Contractors in the Cross-Hairs: Antitrust Division Unveils New Procurement Collusion Strike Force 11-07-2019

V&E Antitrust Update, November 7, 2019

Following months of speculation, on November 5, 2019, the Department of Justice (“DOJ”) formally announced a new initiative targeting collusion in public procurement and government contracting.1

DOJ’s FCPA Reach Over Foreign “Agents” 11-06-2019

The Criminal Information against two former executives of Unaoil, Inc. was unsealed on October 30, 2019, laying out the U.S. government’s case against them for facilitating bribes on behalf of companies in foreign countries in exchange for oil and gas contracts.1

Supreme Court to Decide Validity of SEC Disgorgement Actions 11-06-2019

On November 2, 2019, the United States Supreme Court granted the petition for a writ of certiorari in Liu v. SEC to address whether the Securities and Exchange Commission (the “SEC”) has authority to recover disgorgement of ill-gotten profits from violators of the federal securities laws.

Call on Me: Properly Compensating the On-Call Employee 11-05-2019

Managing the Modern Workplace, November 5, 2019

While firefighters and plumbers have long been used to it, more and more office employees are being required to be remain “on-call” outside normal work hours in order to accommodate the business needs of their employer.

When “Expressly” No Longer Means “Expressly”: The Federal Circuit’s Raytheon Decision Broadens the Concept of “Expressly Unallowable Costs” and the Potential for Imposition of Penalties 11-04-2019

V&E Government Contracts Update, November 4, 2019

On October 18, 2019, in Raytheon Company v. Secretary of Defense, No. 2018-2371 (Fed. Cir. Oct. 18, 2019), the Federal Circuit affirmed a decision of the Armed Services Board of Contract Appeals (“ASBCA”), holding that “salary costs for lobbying activities are expressly unallowable” under FAR 31.205-22 despite the fact that FAR 31.205-22 does not expressly list such salary costs as unallowable.

EPA Issues Supplemental Proposed Rulemaking That Will Increase the Burdens of Non-Exempt Refiners Beginning in 2020 11-04-2019

Environmental Blog

Making good on President Trump’s promise to corn-growing farmers, on October 28, 2019, the U.S. Environmental Protection Agency (EPA) published a supplemental notice of proposed rulemaking (Supplemental Proposal) that will effectively increase the renewable fuel obligations of non-exempt refiners and other obligated parties beginning in compliance year (CY) 2020. 

The New ILPA Model LPA: What GPs Need to Know 02-04-2020

First published by Privcap, January 30, 2020

Robert Seber discusses a new model limited partnership agreement from the Institutional Limited Partner Association and why general partners need to be aware that a suggested “prudent person” standard has a very specific history and understanding in the investment management industry.

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.

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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