Broadcast Date: Thursday, June 10, 2021
from 3:00 pm to 4:00 pm (ET)
Overview:
It has been a common practice for lawyers to act as local counsel in lawsuits. Local counsel are typically relied on by out-of-state attorneys when it comes to complying with local rules, reviewing pleadings, and moving for the pro hac vice admission of lead counsel. While acting as local counsel can be beneficial to clients and counsel alike, if not properly guided, various ethical issues may arise.
Thus, it is of utmost importance for lawyers to properly navigate the governing ethical rules and regulations before acting as local counsel in order to mitigate exposure to unanticipated obligations or risks.
In this LIVE Webcast, litigation attorneys William E. Gericke (Cozen O’Connor) and Christopher R. Heredia (Holland & Knight LLP) will provide an informative discussion of the key ethical considerations which lawyers should keep in mind when acting as local counsel. Speakers will also share real-world cases to illustrate helpful tips and best practices on how lawyers can manage potential ethical issues.
Some of the major topics that will be covered in this course are:
- Lawyers Acting as Local Counsel
- Trends, Issues, and Common Missteps
- Ethical Considerations
- Real-World Cases
- Practical Tips and Best Practices
Credit:
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
Prerequisite:
None
Course Code:
149364
NY Category of CLE Credit:
Ethics and Professionalism
Total Credit:
1.0 CLE
How to Claim CLE Credits Per State:
https://knowledgewebcasts.com/how-to-claim-cle-credits-per-state/
CLE State Requirements:
https://knowledgewebcasts.com/cle-state-requirements/
CPE State Requirements:
Speaker Panel:
William E. Gericke, Member
Cozen O'Connor
Bill Gericke is a veteran trial lawyer. His practice focuses on representing lawyers and law firms in federal and state courts and disciplinary agencies in actions for civil liability, in professional ethics and responsibility matters, and in risk management. Bill also served as the first conflicts counsel to the firm. In that role, he analyzed new business to identify potential conflicts and facilitated their resolution in accordance with the rules of professional conduct. Before joining the Legal Profession Services group, Bill prosecuted complex fire, construction defect, product liability, and water damage cases. Bill’s extensive experience as a trial lawyer combined with his concentration in the law governing the liabilities and responsibilities of lawyers enables him to both counsel and protect his lawyer and law firm clients in the challenging environment of legal practice.
Christopher R. Heredia, Attorney
Holland & Knight LLP
Christopher Heredia is a litigation attorney in Holland & Knight’s Chicago office, where he focuses his practice in legal ethics and risk management for lawyers and law firms, as well as commercial litigation. As a member of the firm’s Legal Profession Team, Mr. Heredia advises and represents lawyers, law firms and in-house counsel on all aspects of professional responsibility matters, including firm organization, dissolution, disqualification, lawyer mobility, regulatory compliance, and bar disciplinary defense at the state and federal levels, including before the Office of Enrollment and Discipline of the U.S. Patent and Trademark Office. Mr. Heredia also represents students and other professionals before regulatory authorities in licensing, admissions, and character and fitness matters.
In the community, Mr. Heredia is active in local and national bar associations, and frequently presents to law schools, legal organizations and media outlets on professional responsibility matters. As a faculty member of the National Institute for Trial Advocacy (NITA), he teaches lawyers successful deposition techniques during NITA’s annual deposition skills training program. As an adjunct professor at Chicago-Kent College of Law, Mr. Heredia also previously taught Ethics and Advocacy, a course which combined elements of professional responsibility with trial advocacy.
Prior to joining Holland & Knight, Mr. Heredia served as Litigation Counsel for the Illinois Attorney Registration and Disciplinary Commission (ARDC), where he investigated hundreds of charges of attorney misconduct, and litigated formal proceedings before the Commission’s Hearing Board and Illinois Supreme Court. His tenure with the ARDC allowed Mr. Heredia to become intimately familiar with the law governing lawyers and professional responsibility matters. Mr. Heredia also worked as a criminal prosecutor for the Cook County State’s Attorney’s Office, where he gained extensive litigation experience prosecuting complex fraud, theft, and vehicle-related felonies.
Agenda:
SEGMENT 1:
William E. Gericke, Member
Cozen O'Connor
Introduction: Many litigators have either retained or served as local counsel in state or federal courts. Litigators with national practices may work with local counsel more often than not. There are important details you should know beforehand so you don’t subject yourself to obligations and risks you never anticipated or intended to assume.
Topics Addressed
- There is No “Local Counsel” Exception to the Rules of Professional Conduct. The ABA’s Model Rules of Professional Conduct, as well as each state’s version of the Model Rules do not make a distinction between “lead counsel” and “local counsel” when it comes to the duties arising from the attorney-client relationship. Many lawyers are unaware that their ethical obligations to the client remain the same when they act as local counsel, even if they have no direct contact with the client.
- Rule 1.2(c) of the Rules of Professional Conduct and the Use of Limited Scope Engagement Letters. Attorneys who wish to define their role as local counsel should do so through an agreement to limit the scope of representation pursuant to Rule 1.2(c) of the Rules of Professional Conduct. Although a limited scope agreement does not absolve attorneys from complying with their ethical duties, it will narrow the universe within which those ethical obligations apply by limiting the attorney’s role in the matter and specifying the tasks they are expected to perform.
- Client Must Give “Informed Consent” to Limited Scope Representations. Rule 1.2(c) requires that the client give “informed consent” to the limited scope representation. In addition, any limitation on the scope of representation must be “reasonable under the circumstances.”
- Local Counsel’s Obligations to the Court Cannot Be Limited By Agreement. Local counsel must comply with any relevant court rules governing the responsibilities of counsel, including any individual judge’s rules. Local counsel’s responsibilities pursuant to the relevant court and judges’ rules cannot be limited by agreement.
- Withdrawing From the Case May Be Local Counsel’s Only Recourse. If lead counsel has repeatedly shown a lack of attention to the case, or the adversary has filed numerous motions to compel and is on the verge of filing a motion for sanctions, or worse, due to lead counsel’s discovery violations, local counsel should seriously consider withdrawing from the case.
Conclusion: While acting as local counsel can be beneficial, serving in this capacity is not without risk. If you intend to limit your role to certain tasks, or a certain phase of the matter, you had better lay that out clearly at the beginning of the representation and secure the client’s consent in writing.
SEGMENT 2:
Christopher R. Heredia, Attorney
Holland & Knight LLP
Acting as Local Counsel: The Rules and Common Scenarios
- Acting as Local Counsel: The Rules
- Affirmative Duties
- Conflicts of Interest
- Limiting Scope
- Payment for Legal Services
- Local Counsel Involvement with ABS
- Acting as Local Counsel: Best Practice Tips
- Acting as Local Counsel: Practice Tips
- Acting as Local Counsel: The Rules
Date & Time:
Thursday, June 10, 2021
3:00 pm to 4:00 pm (ET)
Who Should Attend:
- Lawyers
- Legal Assistants
- Paralegals
- Law Office Managers
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| Trends and Developments in Antitrust Class Certification: Best Strategies in Light of Recent Court Rulings | CLE: 2.0 Credits | Broadcast Date: Wednesday, April 29, 2020 from 12:00 pm to 2:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Trends and Developments in Distressed Debt, Restructurings and Workouts: Best Practices to Avoid Risk Issues | CLE: 1.5 Credits | CPE: 1.5 Credits (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Tuesday, September 01, 2020 from 3:00 pm to 4:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Trends and Developments in Diversity and Inclusion in the Workplace | CLE: 1.0 Credit | Broadcast Date: Thursday, August 27, 2020 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Trends and Updates in Pension Plan Investments and Plan Design: What You Must Know and Do | CLE: 1.0 Credit | Broadcast Date: Friday, July 10, 2020 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Trends and Updates in the USCIS H-1B and L-1 A: Exploring Implications | 1.0 CLE | Broadcast Date: Wednesday, November 04, 2020 from 12:00 pm to 1:00 pm (ET) | Immigration Law (CLE), Recording | $69.00 | |
| Trends and Updates in the USCIS H-1B and L-1 A: Exploring Implications | CLE: 1.0 Credit | Broadcast Date: Wednesday, November 04, 2020 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Trends and Updates on Class Action Litigation: Hot Buttons During the COVID-19 Crisis | CLE: 1.0 Credit | Broadcast Date: Tuesday, October 06, 2020 from 3:00 pm to 4:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Trends and Updates on EEOC: Navigating Compliance Amidst the Covid-19 Pandemic | CLE: 1.0 Credit | Broadcast Date: Wednesday, September 30, 2020 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
 | Understanding R&D Tax Credits and Amortization: Navigating Changes and Maximizing Benefits | CLE: 1.5 Credits | CPE: 1.5 Credits (Not eligible for QAS (On-demand) CPE credit) | Broadcast Date: Wednesday, August 30, 2023 from 12:00 PM to 1:30 PM (ET) | Price Includes CLE & Recording | $69.00 | |
| Unlocking Innovation: Navigating Patentability for ML, AI, and Software Inventions | CLE: 1.5 Credits | Broadcast Date: Monday, March 25, 2024, from 12:00 PM to 1:30 PM ET | Price Includes CLE & Recording | $69.00 | |
| What’s New in the Trademark Law Landscape: Regulatory Trends and Challenges Explored | CLE: 1.0 Credit | Broadcast Date: Wednesday, October 21, 2020 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
 | Winning Patent Litigation: Essential Strategies and Tactics | CLE: 1.0 Credit | Broadcast Date: Wednesday, April 25, 2024 from 12:00 PM to 1:00 PM ET | Price Includes CLE & Recording | $99.00 | |
| Winning Strategies During Trials: What You Need to Know and Consider | CLE: 1.0 Credit | Broadcast Date: Wednesday, October 14, 2020 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Workplace Wellness: Managing Stress & Anxiety for Peak Performance in Uncertain Times | CLE: 1.0 Credit | Broadcast Date: Wednesday, March 5, 2025, from 3:00 PM to 4:00 PM (ET) | Price Includes Recording | $49.00 | |
| A Practical Guide in Litigation Finance: Practical Tips and Strategies | CLE: 1.0 Credit | Broadcast Date: Monday, November 09, 2020 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Litigation Funding: Maximizing Potentials While Mitigating Risks | CLE: 1.0 Credit | Broadcast Date: Monday, August 10, 2020 from 1:00 pm to 2:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| National Developments in Trade Secret Misappropriation: Trends in DTSA Litigation Post Enactment and Approaches to Damages and Best Practices | CLE: 1.0 | Broadcast Date: Tuesday, August 18, 2020 from 3:00 pm to 4:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| The US Federal Reserve’s Main Street Lending Program: Demystifying the Good, the Bad, and the Ugly | CLE: 1.0 Credit | Broadcast Date: Monday, November 23, 2020 from 3:00 pm to 4:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| The 2021 Proxy Season: Key Considerations to Avoid Pitfalls | CLE: 1.0 Credit | Broadcast Date: Tuesday, November 17, 2020 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| How to Manage and Resolve Complex Commercial Disputes: A Practical Guide | CLE: 2.0 Credits | CPE: 2.0 Credits (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Thursday, August 20, 2020 from 3:00 pm to 5:00 pm (ET) | Price Includes CLE & Recording
| $69.00 | |
| FINRA Arbitrations: A Comprehensive Guide for 2020 and Beyond | CLE: 2.0 Credits | Broadcast Date: Thursday, August 06, 2020 from 12:00 pm to 2:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Ransomware Prevention and Crackdown: Long-Term Solution and Defense Tactics | CLE: 1.0 Credit | Broadcast Date: Friday, November 13, 2020 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Food and Drug Regulatory Trends and Developments: Navigating Implications for the Year Ahead | CLE: 1.0 Credit | Broadcast Date: Wednesday, August 05, 2020 from 3:00 pm to 4:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Detecting and Preventing Identity Fraud with Machine Learning: Managing Potentials and Perils | CLE: 1.5 Credits | Broadcast Date: Wednesday, September 30, 2020 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| The Hatch-Waxman and IPR Strategy in Light of Recent Case Decisions: Addressing Emerging Issues | CLE: 1.5 Credits | Broadcast Date: Wednesday, August 05, 2020 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Synthetic Identity Fraud Detection and Prevention: Best Practices for Companies | CLE: 2.0 Credits | CPE: 2.0 Credits (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Thursday, September 17, 2020 from 12:00 pm to 2:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
 | A Comprehensive Guide on Toxic Tort Litigation: Trends and Best Practices Explored | CLE: 1.5 Credits | Broadcast Date: Monday, June 7, 2021 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| The Evolving Landscape of the CCPA and COPPA: What You Should Know and Do | CLE: 1.0 Credit | Broadcast Date: Thursday, September 24, 2020 from 3:00 pm to 4:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
 | Practical Trademark Perspectives from U.S. and Canadian Counsel | CLE: 1.5 Credits | Broadcast Date: Tuesday, September 28, 2021 from 3:00 to 4:30 PM ET | Price Includes CLE & Recording | $69.00 | |
| Trends and Developments on Independent Contractors Classification: A Practical Guide | CLE: 1.5 Credits | Broadcast Date: Wednesday, December 02, 2020 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Trade Secret Protection for AI: A Comprehensive Guide | CLE: 1.5 Credits | CPE: 1.5 Credits (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Monday, December 14, 2020 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| A Comprehensive Guide on Pre-Trial and Evidentiary Hearings: Preparation Strategies You Need to Know | CLE: 1.5 Credits | Broadcast Date: Monday, September 21, 2020 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| False Claims Act: A Look Back and 2021 Expectations | CLE: 1.0 Credit | Broadcast Date: Thursday, December 03, 2020 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Business Interruption Insurance: Lessons Learned from the Pandemic | CLE: 1.5 Credits | CPE: 1.5 Credits (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Thursday, September 03, 2020 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Demystifying the Current Landscape of Securities Litigation: Practical Tips and Strategies You Must Know | CLE: 1.5 Credits | Broadcast Date: Wednesday, November 04, 2020 from 3:00 pm to 4:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Supply Chain Risks in the Face of COVID-19: Awareness and Mitigation Strategies | CLE: 1.0 Credit | Broadcast Date: Wednesday, September 02, 2020 from 3:00 pm to 4:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| AML/CTF: Trends, Developments and Enforcement Actions to Guide Companies in 2021 | CLE: 1.0 Credit | CPE: 1.0 Credit (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Monday, December 14, 2020 from 4:00 pm to 5:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| COVID-19: Immediate Issues Facing Employers | CLE: 1.5 Credits | Broadcast Date: Wednesday, April 29, 2020 from 3:00 pm to 4:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Data Breach Litigation in the 2020 Landscape: Practical Tips and Strategies to Avoid the Pitfalls | CLE: 1.5 Credits | Broadcast Date: Wednesday, January 15, 2020 from 3:00 pm to 4:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Effective Witness Preparation Techniques: A Comprehensive Guide | CLE: 1.5 Credits | Broadcast Date: Wednesday, April 08, 2020 from 3:00 pm to 4:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| ERISA Litigation: Navigating Through Complexities | CLE: 1.5 Credits | Broadcast Date: Tuesday, June 30, 2020 from 3:00 pm to 4:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Inter Partes Reviews & Post Grant Proceedings: Winning Strategies in the 2020 Battlefield | CLE: 1.5 Credits | Broadcast Date: Thursday, June 25, 2020 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Patent Protection for Pharma and Biotechnology in 2020 | CLE: 1.5 Credits | Broadcast Date: Thursday, April 23, 2020 from 3:00 pm to 4:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Responding to and Dealing with SEC Investigations: A Comprehensive Guide | CLE: 1.5 Credits | Broadcast Date: Tuesday, June 09, 2020 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| The DOJ’s “No-Poach” Agreements: Navigating Implications to the Year Ahead and Beyond | CLE: 1.5 Credits | Broadcast Date: Tuesday, May 26, 2020 from 3:00 pm to 4:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Trends and Developments in the Defend Trade Secrets Act in 2020: What You Must Know and Do | CLE: 2.0 Credits | Broadcast Date: Monday, April 27, 2020 from 3:00 pm to 5:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Trends and Updates in ERISA: Critical Issues and Best Practices in Light of Recent Cases | CLE: 1.0 Credit | Broadcast Date: Tuesday, April 07, 2020 from 3:00 pm to 4:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Trends and Developments in Trade Secrets: What Companies Must Know and Do | CLE: 2.0 Credits | Broadcast Date: Thursday, December 10, 2020 from 3:00 pm to 5:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
 | Non-Jury Trials: Best Litigation Practices Explored | CLE: 1.0 Credit | Broadcast Date: Thursday, July 30, 2020 from 3:00 pm to 4:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
 | EAR, ITAR, and OFAC Regulations: Fundamentals, Trends and Compliance Issues in 2019 | CLE: 1.5 Credits | Broadcast Date: Wednesday, May 22, 2019 from 3:00 pm to 4:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| US Tariffs, Trade Wars, and Sanctions: Trends and Developments to Watch Out For | CLE: 1.0 Credit | Broadcast Date: Thursday, July 09, 2020 from 3:00 pm to 4:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
 | New IRS Regulations on Qualified Opportunity Zones: What You Must Know and Do | CPE: 1.0 Credit (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Wednesday, October 28, 2020 from 12:00 pm to 1:00 pm (ET) | Price Includes Recording | $69.00 | |
 | Effectively Manage KYC Compliance: Keep Up with the Times by Getting Back to Basics | CLE: 1.0 Credit | Broadcast Date: Wednesday, August 11, 2021 from 3:00 PM to 4:00 PM ET | Price Includes CLE & Recording | $69.00 | |
 | Mental Health and Substance Use Issues Management: Practical Tips and Strategies for Lawyers | CLE: 1.0 Credit | Broadcast Date: Friday, October 15, 2021 from 3:00 pm to 4:00 pm ET | Price Includes CLE & Recording | $69.00 | |
 | OFAC Regulations and the Economic Sanctions Compliance Programs: Best Practices | CLE: 1.0 | Broadcast Date: Thursday, September 29, 2022 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Representation and Warranty Insurance: Exploring Trends, Updates, and Challenges Amidst the COVID-19 Pandemic | CLE: 1.0 Credit | Broadcast Date: Monday, November 30, 2020 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
 | The Complex World of Opportunity Zones: Meeting Reporting Requirements and Keeping Penalties at Bay | CLE: 2.0 Credits | Broadcast Date: Tuesday, November 10, 2020 from 12:00 pm to 2:00 pm (ET) | Price Includes CLE & Recording | $99.00 | |
 | Software Patents Post-Alice: Where Are We Now | CLE: 2.0 Credits | Broadcast Date: Wednesday, November 18, 2020 from 3:00 pm to 5:00 pm (ET) | Price Includes CLE & Recording | $0.00 | |
 | The Intersection of Artificial Intelligence and Intellectual Property: Hot Buttons in 2020 | CLE: 2.0 Credits | Broadcast Date: Thursday, July 23, 2020 from 3:00 pm to 5:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Anti-Money Laundering Due Diligence and Compliance in the 2020 Landscape: Going Beyond the Horizon | CLE: 1.0 Credit | Broadcast Date: Thursday, June 25, 2020 from 4:00 pm to 5:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
 | 'Zombie' LIBOR for USD Contracts: Navigating the Critical Issues | CLE: 1.0 Credit | CPE: 1.0 Credit (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Wednesday, May 12, 2021 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
 | Calculating Lost Profits in Construction Claims: A Practical Guide | CLE: 1.0 Credit | CPE : 1.0 Credit (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Monday, January 25, 2021 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
 | False Claims Act and COVID-19 Implications: Key Considerations and Best Practices | CLE: 1.0 Credit | CPE: 1.0 Credit (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Wednesday, February 24, 2021 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 |
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