Lane Powell PC

1420 Fifth Avenue, Ste. 4200 P.O. Box 91302
Seattle, WA 98111-1302, United States

  • 800.426.5801
  • 206.223.7107

New Product Development – A Big Challenge and a Potentially Big Reward

After the Great Recession began, most financial institutions focused on survival and not on innovation. Now that the economy seems to be stabilizing, thoughts have begun to turn to new ways to increase the top line. New…more

Banks, Dodd-Frank, Financial Products, Great Recession

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Navigating Non-Judicial Foreclosures -- After Bain v. Metropolitan Mortgage Group, Inc., et al.

Originally published in Washington Bankers' Issues & Answers - November/December 2012. In August, the Washington State Supreme Court weighed in on the role of Mortgage Electronic Registration Systems, Inc. (“MERS”) in…more

Deed of Trust, Injunctions, Loans, MERS, Mortgages

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Three Common Questions Asked by Advisors of Non-Filing Taxpayers

Lawyers in every area run into clients who admit that they have not filed their tax returns. Among the many questions raised by this information are the following three, which come up nearly every time. This outline gives…more

Attorney-Client Privilege, Confidential Information, Income Taxes, IRS, Penalties

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Affordable Care Act Compliance: With Summer Approaching, Are Employers Feeling the Heat?

As we embark on summer and employers inch closer to some of the major compliance deadlines put into place by the Affordable Care Act (ACA), it seems like a good time to review some recent updates that employers should be aware…more

Affordable Care Act, Chief Compliance Officers, COBRA, Employer Liability Issues, Employer Mandates

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6th Circuit: Plan Administrators are NOT Necessarily Required to Obtain Vocational Evidence or an IME Before Making their LTD Determinations

In Judge v. Metropolitan Life Insurance Company [PDF], 710 F.3d 651 (6th Cir. 2013), the Sixth Circuit rejected plaintiff’s proposed bright-line rule requiring plan administrators to obtain vocational evidence and an IME before…more

Delta Airlines, Evidence, MetLife, Vocational Experts

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Not Your Grandmother’s Nursing Home -- Boomers and Obamacare spur a transformation of the growing long-term care industry.

The modern nursing home was born from the Social Security Act, which conditioned payments in a way meant to eliminate state-run “almshouses” serving the elderly poor. Over the following decades, the long-term care sector was…more

Affordable Care Act, Healthcare, Long-Term Care, Nursing Homes

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Practical Tips for Lenders: Navigating the Gauntlet of Government-Guaranteed Loans

Government-guaranteed loans have long assisted lenders by bolstering private credit structures where lenders may otherwise hesitate to extend credit. For instance, in 2011 the United States Department of Agriculture’s Rural…more

Government-Guaranteed Loans, Lenders, Loans, SBA

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Transition Planning: Key Steps for a Successful Exit From a Closely Held Business

Executives of closely held and family-owned businesses are often so focused on running their businesses that they do not plan for the inevitable — the transition of ownership and/or leadership. It is not a question of “if ” as…more

Asset Valuations, Closely Held Businesses, Family Businesses, Financial Planning, Risk Management

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Do You Know Where Your Data Went? Best Practices for Preserving Electronically Stored Information

A federal judge in Illinois recently ordered a large pharmaceutical company to pay nearly $1 million because when the business was sued, it failed to remind its sales representatives to preserve text messages. Last year, a…more

Data Protection, Electronic Evidence, Electronically Stored Information, Mobile Devices, Pharmaceutical

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The Need for ‘Hire’ Education: Rules to Follow Regarding Background Checks

Background checks are a vital tool used to avoid hiring problem employees and can help limit a company’s potential liability. With more than 65 million people in the United States having been arrested or convicted of crimes, and…more

Background Checks, Compliance, Criminal Background Checks, EEOC, Hiring & Firing

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Commuting to the United States as a Permanent Resident: ‘Alien Commuters’ or ‘Green Card Commuters’

Generally, a foreign national who is a permanent resident of the United States must reside permanently in the United States or else risk losing permanent resident status. However, persons who have been granted U.S. permanent…more

Canada, Commuting, Foreign Nationals, Green Cards, Hiring & Firing

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Observations of a Volunteer Tax Preparer

From the end of January through mid-April of 2013, I volunteered with the United Way tax program providing free federal income tax preparation. Meeting with low to moderate income taxpayers, and preparing and reviewing hundreds…more

Income Taxes, Tax Preparers

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Start-Up Like a Marathoner

It’s a marathon – not a sprint. Entrepreneurs working on starting-up hear this mantra all the time. What does it really mean? The mantra speaks to the strategy most marathoners take on race day: start slow, come up to a…more

Choice of Entity, Entrepreneurs, Small Business, Startups

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Public Companies, Beware! Safe Harbor Protection Requires Thoughtful Warnings and a Sophisticated Defense

Public companies around the country labor under the misunderstanding that the Private Securities Litigation Reform Act’s “Safe Harbor” provision protects them from liability for publicly announced earnings guidance and other…more

Compliance, Employer Liability Issues, PSLRA, Safe Harbors

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How to Get the Best Advice From Your Outside Counsel - From Someone Who Has Been on the Inside

In-house lawyers rely heavily on their outside counsel to give them legal advice that is concise, clear and up to the minute, making the relationship one of great importance. Indeed, it is outside counsel’s job to do his or her…more

Corporate Counsel, Outside Counsel

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2013 Revisited: It Was an Interesting Year for Health Care, but not for the Reasons You Would Expect

The coming year was supposed to be the year when two of health care reform’s most critical provisions, the employer and individual mandates, took effect. But employers who were busily preparing for the January 1, 2014, deadline…more

Affordable Care Act, Employee Benefits, Healthcare, Healthcare Reform, Marriage

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Three Years Later: Dodd-Frank and Those too Small to Succeed

Much can happen in three years. For example, the earth travels around the sun three times — roughly 17.7 billion miles — in that span. That is an impressive feat. Somewhat less impressive: your average hamster reaches old age in…more

Banks, Community Banks, Dodd-Frank

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Agenda Setting - Olympia’s new faces must address transportation infrastructure funding

January brings many new faces to Olympia. A new governor and an unusually large number of new members in the State House of Representatives and State Senate who have both volunteered and been elected to assume the mantle of…more

Budget Reconciliation, Financing, Infrastructure

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A Case in Point: When and How to Use Non-Compete Agreements for Bank Executives and Key Managers

Consumer and commercial banks have interests that may legitimately be protected by a noncompete agreement. Such banks are in the business of using a sales force, direct mail, telemarketing, branches, the Internet and other…more

Banks, Non-Compete Agreements, Restrictive Covenants

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Drafting Errors - Routinely Cost Lenders’ Post-Bankruptcy Attorney’s Fees and Interest

Originally published in Community Banker - Spring 2013. When a bankruptcy intervenes to prevent the continuation of a restructuring or loan enforcement effort, it is too late to supplement or strengthen loan…more

Attorney's Fees, Boilerplate Language, Borrowers, Contract Drafting, Lenders

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Tips to Help Avoid Class Action Litigation

Taking advantage of recent case law developments can assist financial institution employers in avoiding and/or minimizing their exposure to class and collective action litigation. For example, courts have become increasingly…more

Arbitration, Arbitration Agreements, Banks, Class Action, Collective Actions

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Washington Court of Appeals Confirms Lenders’ Right to Obtain Deficiency Judgments Against Guarantors Following Nonjudicial Foreclosure of Commonly Used Form of Deed of Trust

The Deed of Trust Act generally bars a lender from seeking a deficiency judgment against a borrower following nonjudicial foreclosure of a deed of trust securing the borrower's loan. The Act contains some exceptions in the case…more

Deed of Trust, Foreclosure, Mortgages

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The All-Important Patent Portfolio - How patents can protect your business and help it grow

Whether a company has existed for a hundred years or is just starting out, patents can be a core strategic asset. Patents are a barrier to entry for competitors. For established companies, patents protect product lines from…more

Business Development, Patent Portfolios, Patents

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Reward v. Risk - Advantages and Disadvantages of Courting Strategic Investors.

Venture-backed companies often have the opportunity to accept an investment from a strategic investor. These opportunities typically come in later financing rounds after the company already has one or more venture capital (i.e.,…more

Competition, Equity Investors, Investors, ROI, Valuation

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Reviving Construction Projects — How to Avoid Creating a Frankenstein Monster

Reviving dead or moth-balled projects presents risks and rewards. The rewards include a shorter ramp-up period. The risks include the revival of claims akin to the unintended creation of a Frankenstein monster. But those risks…more

Construction Contracts, Construction Loans, Mortgages

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First Take on Halliburton II: The Price-Impact Rule May Not Have Much Practical Impact

Yesterday’s Supreme Court decision in Halliburton Co. v. Erica P. John Fund, Inc. (Halliburton II) may well have the lowest impact-to-fanfare ratio of any Supreme Court securities decision. Despite the social-media-fueled…more

Basic v Levinson, Class Action, Class Certification, Fraud, Fraud-on-the-Market

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Supporting Startups Will the JOBS Act expand the crowdfunding crowd?

Congress’s passage last year of the popular and bipartisan Jumpstart Our Business Startups (JOBS) Act was met with expectations of imminent and fundamental changes to the financing environment for early-stage businesses. Those…more

Crowdfunding, Investors, JOBS Act, SEC, Startups

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6th Circuit: Plan Administrators are NOT Necessarily Required to Obtain Vocational Evidence or an IME Before Making their LTD Determinations

In Judge v. Metropolitan Life Insurance Company [PDF], 710 F.3d 651 (6th Cir. 2013), the Sixth Circuit rejected plaintiff’s proposed bright-line rule requiring plan administrators to obtain vocational evidence and an IME before…more

Delta Airlines, Evidence, MetLife, Vocational Experts

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Lessons From the Wake of Economic Collapse: Avoiding Personal Liability in Loan Origination and Restructuring

Although today’s lending economy continues to follow a fairly steady path toward stability, the recent economic downturn has given rise to an increasing number of lawsuits by the Federal Deposit Insurance Corporation (“FDIC”)…more

Debt Restructuring, Economic Downturn, FDIC, Financial Institution Liability, Loans

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Drafting Errors - Routinely Cost Lenders’ Post-Bankruptcy Attorney’s Fees and Interest

Originally published in Community Banker - Spring 2013. When a bankruptcy intervenes to prevent the continuation of a restructuring or loan enforcement effort, it is too late to supplement or strengthen loan…more

Attorney's Fees, Boilerplate Language, Borrowers, Contract Drafting, Lenders

See All Updates »

Developing a Patent Infringement Risk-Assessment Strategy - How to plan for being accused of infringement

Given the growing prominence of patent-litigation-related stories in the media, it is not surprising one of the first questions new or prospective clients ask is some variation of “How can I tell if my new product infringes…more

Patent Infringement, Patent Litigation, Patents, Risk Assessment

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Innovation with Clean Diesel Construction

When I hear that a real estate project is faced with environmental issues, the first thought that comes to mind is not one of compromise and collaboration. Instead I imagine pitchfork yielding activists, greedy developers and…more

Carbon Emissions, Construction Workers, Contractors, Diesel Fuel, Environmental Policies

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Not Your Grandmother’s Nursing Home -- Boomers and Obamacare spur a transformation of the growing long-term care industry.

The modern nursing home was born from the Social Security Act, which conditioned payments in a way meant to eliminate state-run “almshouses” serving the elderly poor. Over the following decades, the long-term care sector was…more

Affordable Care Act, Healthcare, Long-Term Care, Nursing Homes

See All Updates »

Do You Know Where Your Data Went? Best Practices for Preserving Electronically Stored Information

A federal judge in Illinois recently ordered a large pharmaceutical company to pay nearly $1 million because when the business was sued, it failed to remind its sales representatives to preserve text messages. Last year, a…more

Data Protection, Electronic Evidence, Electronically Stored Information, Mobile Devices, Pharmaceutical

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How the New Washington Trust Act and its 2013 Amendments Affect You and Your Clients - December 2013

In 2011, the legislature adopted a new Washington Trust Act (the “2011 Act”). The 2011 Act took effect on January 1, 2012, and codified many changes to the duties of trustees and the rights of trust beneficiaries. Within 18…more

Beneficiaries, Trustees, Trusts

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Washington Court of Appeals Confirms Lenders’ Right to Obtain Deficiency Judgments Against Guarantors Following Nonjudicial Foreclosure of Commonly Used Form of Deed of Trust

The Deed of Trust Act generally bars a lender from seeking a deficiency judgment against a borrower following nonjudicial foreclosure of a deed of trust securing the borrower's loan. The Act contains some exceptions in the case…more

Deed of Trust, Foreclosure, Mortgages

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Dodging Deal Killers -- Anticipating and Solving Problems Related to Properties Being Sold or Purchased

In This Presentation: Contamination; Environmental Issues; Defective or Incomplete Land Use Approval; “As Is,” “Your Problem Not Mine” Seller; Encroachment; URM or Otherwise Seismically Challenged Property; Use,…more

Contaminated Properties, Encroachments, Flood Zones, Investors, Land Titles

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A Key Obstacle to Implementing a Patent Strategy and One Way to Overcome It

Many articles have been written that discuss the importance of having a “patent strategy” and why investing in a patenting effort may have substantial value for a company. These articles also discuss why a driver for such a…more

Patent Applications, Patents

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Oregon’s Statute of Repose May Block Common Law Environmental Claims

Oregon’s 10-year statute of repose may now play a bigger role in environmental lawsuits in the wake of the U.S. Supreme Court’s ruling that the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA),…more

CERCLA, CTS Corp v Waldburger, Environmental Policies, Statute of Repose, Superfund

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Three Years Later: Dodd-Frank and Those too Small to Succeed

Much can happen in three years. For example, the earth travels around the sun three times — roughly 17.7 billion miles — in that span. That is an impressive feat. Somewhat less impressive: your average hamster reaches old age in…more

Banks, Community Banks, Dodd-Frank

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Recent Court Decisions Shine a Renewed Light on the Desirability of Employee Arbitration Agreements

Some employers have embraced the use of employment arbitration agreements as a way to manage and mitigate the rising costs, risks and liabilities associated with employment-related claims. Historically, employment arbitration…more

Arbitration, Arbitration Agreements, Employer Liability Issues

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Managing litigation costs with risk-based budgets -- Connecting price to value

Many say the Great Recession following the 2008 financial crisis has caused a “Great Reset” to the “New Normal.” This country has seen the need to rebuild its middle class by educating its workers with the skills needed to…more

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Dodging Deal Killers -- Anticipating and Solving Problems Related to Properties Being Sold or Purchased

In This Presentation: Contamination; Environmental Issues; Defective or Incomplete Land Use Approval; “As Is,” “Your Problem Not Mine” Seller; Encroachment; URM or Otherwise Seismically Challenged Property; Use,…more

Contaminated Properties, Encroachments, Flood Zones, Investors, Land Titles

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Nonrecourse Real Estate Loans: An Endangered Species?

As many apprehensive borrowers once again enter the commercial real estate loan marketplace, one of the first questions they often ask is: “Can I get a nonrecourse loan?” This is especially true for borrowers who are coming out…more

Borrowers, Nonrecourse Loans, Personal Liability, Real Estate Investments

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ERISA (1st Cir.): Lack of Cooperation During Functional Capacity Evaluation Bars Disability Claim

But what happens when the claimant refuses to perform tasks requested, or does not try hard enough during the FCE?…more

Disability, ERISA, Functional Capacity Evaluations

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Five Legal Topics for Washington Bankers to Consider This Fall

Summer vacations are over, and now bank management and directors need to focus on compliance. Below are five current legal topics that Washington bankers should be considering this fall. 1. Loans Secured by Residential…more

Ability-to-Repay, Banks, CFPB, Compliance, Enforcement Actions

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Plugging the Leak: Guidelines for a Data Breach Response Plan

Though data breaches have been on the forefront of many large company’s risk management efforts for a number of years, it has become clear that the threat of a data breach is very real and touches on every business, regardless…more

Best Management Practices, Cybersecurity, Data Breach, Data Protection, Information Technology

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Anatomy of a Public-Private Partnership

This article explores the anatomy of a public-private partnership in the context of major real estate projects entered into by a governmental body with a real estate developer or owner. The author has been involved in a number…more

Decision-Making Process, Memorandum of Understanding, Negotiations, Project Finance, Public-Private Partnerships

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Developing a Patent Infringement Risk-Assessment Strategy - How to plan for being accused of infringement

Given the growing prominence of patent-litigation-related stories in the media, it is not surprising one of the first questions new or prospective clients ask is some variation of “How can I tell if my new product infringes…more

Patent Infringement, Patent Litigation, Patents, Risk Assessment

See All Updates »

Reviving Construction Projects — How to Avoid Creating a Frankenstein Monster

Reviving dead or moth-balled projects presents risks and rewards. The rewards include a shorter ramp-up period. The risks include the revival of claims akin to the unintended creation of a Frankenstein monster. But those risks…more

Construction Contracts, Construction Loans, Mortgages

See All Updates »

How the New Washington Trust Act and its 2013 Amendments Affect You and Your Clients - December 2013

In 2011, the legislature adopted a new Washington Trust Act (the “2011 Act”). The 2011 Act took effect on January 1, 2012, and codified many changes to the duties of trustees and the rights of trust beneficiaries. Within 18…more

Beneficiaries, Trustees, Trusts

See All Updates »

DHS to Issue U.S. Work Permits for some H-4 Spouses

On May 6, 2014, the U.S. Department of Homeland Security (DHS) officially announced that the United States will offer employment authorization to H-4 spouses of H-1B specialty occupation workers, under certain conditions…more

DHS, H-1B, H-4 Spouses, Immigrants, Visas

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Credibility Challenges Posed by the Eccentric Inventor Witness

Eccentric inventors can be their own worst enemies at depositions and on the witness stand at trial. General Electric Co. v. Wilkins (Fed. Cir., May 8, 2014) is a recent case on point. The General Electric case involved a…more

Depositions, Expert Witness, General Electric, Inventors, Patent Litigation

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Supporting Startups Will the JOBS Act expand the crowdfunding crowd?

Congress’s passage last year of the popular and bipartisan Jumpstart Our Business Startups (JOBS) Act was met with expectations of imminent and fundamental changes to the financing environment for early-stage businesses. Those…more

Crowdfunding, Investors, JOBS Act, SEC, Startups

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A Few Good Questions to Ask When a Customer Seeks Financing for an Aircraft

An eight-seat Pilatus PC-12 turboprop or a six-seat Eclipse 500 jet, both of which were manufactured in 2008, can be purchased for less than $1.5 million. These are just two examples from a fleet of aircraft options available…more

Aircraft, Aircraft Sales, FAA

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Tips to Help Avoid Class Action Litigation

Taking advantage of recent case law developments can assist financial institution employers in avoiding and/or minimizing their exposure to class and collective action litigation. For example, courts have become increasingly…more

Arbitration, Arbitration Agreements, Banks, Class Action, Collective Actions

See All Updates »

Recent Deed of Trust Act Cases Pose New Challenges

In 2013, Washington courts issued several decisions impacting the way banks, loan servicing companies, foreclosure trustees and other industry participants must approach claims arising out of nonjudicial foreclosure proceedings…more

Deed of Trust, Foreclosure, Mortgages

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Areas of Practice
  • Administrative Law
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
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Locations
Other U.S. Locations
  • Alaska
  • Oregon
  • Washington
Other Countries
  • United Kingdom
Number of Attorneys

100+ Attorneys

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