McAfee & Taft

Tenth Floor, Two Leadership Square 211 N. Robinson
Oklahoma City, Oklahoma 73102-7103, United States

Contact: Brad Neese

  • (405) 235-9621
  • (405) 235-0439

McAfee & Taft AgLINC - Fall 2013: The (stock) show must go on: Oklahoma Youth Expo secures court win

For nearly a century, Oklahoma City has hosted a junior livestock show each spring where youth from across the state display the best farm animals their generation has to offer in hopes of winning college scholarships and other…more

Department of Agriculture, Public Purpose, State and Local Government, State Funding

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McAfee & Taft tIPsheet - March 2013: FTC amends Children’s Online Privacy Protection Rule

On December 19, 2012, the Federal Trade Commission amended the Children’s Online Privacy Protection Rule to be consistent with the requirements of the Children’s Online Privacy Protection Act. The amendments to the COPPA Rule…more

COPPA, Data Collection, Data Protection, FTC, Personally Identifiable Information

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Demand rising for alternative fees in intellectual property matters

A recent report found that corporate clients use Alternative Fee Agreements (AFAs) more often on Intellectual Property matters than any other practice area. The report provides that clients rely on AFAs for 37 percent of their…more

Alternative Fee Arrangements, Patent Litigation, Patent Trial and Appeal Board, Patents, USPTO

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For goodness sake! Taking cause-related marketing rules to heart

Whether it’s an organization that is close to the CEO’s heart, a response to a local tragedy, or a PR move to distract from some unpleasant news, there are times when extending a helping hand can also help a company’s bottom…more

Advertising, Charitable Donations, Charitable Organizations, FTC, Joint Venture

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REASONABLE ACCOMMODATION: Lifting restrictions weigh down employees’ ADA claims

Two recent court decisions considered whether employees who had permanent lifting restrictions were “qualified individuals” entitled to relief under the Americans with Disabilities Act (ADA)…more

ADA, Disability, EEOC, Employer Liability Issues, Reasonable Accommodation

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Protecting your intangible assets

The beginning of summer marks the start of a new chapter for both recent graduates looking for work and the businesses looking to hire them. But before you dive into that growing pile of resumes on your desk, take a…more

Business Assets, Copyright, Employer-Owned Intellectual Property, Employment Contract, Hiring & Firing

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New SEC rules on solicitation

On July 10, the SEC adopted rules eliminating the prohibition against general solicitation in securities offerings under Rule 506 of Regulation D under the Securities Act of 1933. These rules, effective Sept. 23, permit…more

Accredited Investors, General Solicitation, Regulation D, Rule 506 Offerings, Safe Harbors

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Gavel to Gavel: Helpful to employers

The Oklahoma Legislature has again amended the Oklahoma Employment Security Act, which governs unemployment benefits. The act has been amended several times over recent years in several significant respects. Originally…more

Amended Legislation, Hiring & Firing, Unemployment Benefits

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Five tips on preventing workplace violence

Acts of workplace violence have, unfortunately, become all too common. Workplace violence can include anything from minor physical altercations and threats to tragic and brutal attacks or shootings. For employers, preventing…more

Compliance, Employer Liability Issues, Safety Precautions, Workplace Violence

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McAfee & Taft takes the lead in protecting American farmers' right to 2014 Farm Bill's APH Adjustment Option

Farmers who insure their crops with an Actual Production History (APH) type of crop insurance policy — especially in areas affected by the recent severe droughts — received a welcome benefit in the 2014 Farm Bill known as the…more

APH, Crop Insurance, Drought, Farm Bill, Farms

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McAfee & Taft AgLINC - Fall 2012

In This Issue: - 1 Farmers and commercial motor vehicle regulations - 4 Aflatoxin and the insured farmer - 5 Do you need a CDL for your recreational vehicle? - 6 McAfee & Taft’s Agricultural Real Estate Transactional…more

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McAfee & Taft AgLINC - May 2013: Significant changes in tax rates in store for 2013 and beyond

The American Taxpayer Relief Act of 2012 (2012 Tax Act) and the Patient Protection and Affordable Care Act (Affordable Care Act) combine to produce significant changes in tax rates for 2013 and future years. The 2012 Tax Act…more

Affordable Care Act, American Taxpayer Relief Act, Business Taxes, Generation-Skipping Transfer, Gift Tax

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Oklahoma Supreme Court strikes down tort reform legislation passed in 2009

On June 4, 2013, the Oklahoma Supreme Court struck all statutes that were passed in 2009 as the Comprehensive Lawsuit Reform Act (CLRA), finding the statutes violate the Oklahoma Constitution. The court entered two decisions…more

Judicial Review, Tort Reform

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Asking about religion accommodations

An employer’s obligation to raise the issue of potential accommodations for religious discrimination under Title VII will soon receive clarification, as the U.S. Supreme Court is set to hear E.E.O.C. v. Abercrombie & Fitch…more

EEOC, EEOC v Abercrombie, Employer Liability Issues, Hiring & Firing, Job Applicants

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Late notice by petroleum transporter results in insurance coverage denial

In the matter of Starr Indem. & Liab. Co. v. SGS Petroleum Serv. Corp., Case No. 12-20545 (5th Cir. June 18, 2013), the U.S. Court of Appeals for the Fifth Circuit recently upheld their prior decision in Matador Petroleum Corp…more

Buyback Programs, Excess Policies, Insurers, Notice Requirements

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DISABILITY DISCRIMINATION: Court rules interactive process should have been triggered by a couple of stray comments

I miss my dog … or how to require your employer to let you bring your dog to work. Don’t laugh. A recent federal court decision from Hawaii seriously considered this issue. John Assaturian, a long-time Hertz employee with…more

ADA, Disability, Disability Discrimination

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Brace for Medicaid data mining and recoupment demands

The federal Health and Human Services Office of Inspector General (OIG) is escalating its war against Medicaid fraud and abuse, just as it has over the past years with Medicare. The OIG’s focus has turned to early prevention and…more

Data Mining, Fraud and Abuse, Healthcare, Healthcare Fraud, HHS

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Gavel to Gavel: Blurring online

Most employers consider the National Labor Relations Board a federal entity that decides legal issues related to workplace union activities. What many employers don’t realize is the NLRB has authority over any concerted employee…more

Employee Rights, NLRB, Protected Concerted Activity, Unions

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Gene patents and the future of commercialized technology

Medicine is evolving from a global, one-size-fits-all approach to a more individualized approach that tailors treatment specifically for each patient. Originally published in The Journal Record - August 8, 2013…more

AMP v Myriad, DNA, Healthcare, Human Genes, Mayo v. Prometheus

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The Cape Town Convention: An Evolving Process (with a Side Note on Non-Citizen Trusts)

Introduction - This is the second article for the International Comparative Legal Guide series. Our first article covered the Convention on International Interests in Mobile Equipment (the “Convention”) and the Protocol…more

Aircraft, Airlines, FAA, Treaties

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Gavel to Gavel: Good news, bad news by Charles Greenough

Originally published in The Journal Record - January 3, 2013. What do bankruptcy lawyers and undertakers have in common? Your bad news is their good news. So, if the news from bankruptcy court is bad for bankruptcy lawyers,…more

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McAfee & Taft tiP Sheet - November 2012

In This Issue: - 1 Common sense trade secret protection - 4 Canada’s Anti-Spam Legislation to impact electronic marketing and communications - 5 Concerns over copyright infringement drive Google to change search…more

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McAfee & Taft AgLINC - May 2013: Do you have enough water?

Unless you are located in far southeastern Oklahoma, chances are that you could always use some extra water to grow your agribusiness. Oklahoma law requires that if you use groundwater or water from an Oklahoma stream for…more

Farms, Groundwater, Permits

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Norman Physician Hospital Organization — Factors Supporting Clinical Integration

Clinical integration is a somewhat imprecisely defined concept in the health care industry. Lawyers and health care executives have identified components and elements of clinical integration and frequently ask how many of those…more

Clinical Integration, Competition, Compliance, FTC, Healthcare

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Message to Employers: Stick to your story

A decision by a federal court in Oklahoma City reminds employers that when terminating an employee for a legitimate business reason, an employer does not need to sweeten the pot with additional reasons for termination –…more

Employer Liability Issues, Termination

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EmployerLINC Employee Benefits Alert - No employer penalties for lack of exchange notice

Under the Affordable Care Act (ACA), an employer subject to the Fair Labor Standards Act must provide a written notice to current employees about the Health Insurance Marketplace (the “Exchange Notice”) by October 1, 2013, and…more

Affordable Care Act, DOL, Employee Benefits, Employer Mandates, Health Insurance Exchanges

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NLRB continues quest to expand its authority

Now that the National Labor Relations Board has its mandated full complement of five members, it is expected that it will continue its quest to broaden its authority over private employers. For example, along with the NLRB’s…more

Arbitration, NLRA, NLRB, Social Media Policy, Unions

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HEALTH CARE REFORM: Time to get serious about the Affordable Care Act’s employer reporting requirements

The Affordable Care Act (ACA) has consumed us for the last four and a half years. As employers, we have spent so much time trying to figure out what the ACA requires, trying to hit the government’s moving regulatory targets, and…more

Affordable Care Act, Employer Group Health Plans, Employer Mandates, Full-Time Employees, IRS

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McAfee & Taft AgLINC Ag & Equine Industry Newsletter - May 2013: What does your deed say?

McAfee & Taft regularly represents clients in connection with the purchase, sale and financing of agricultural real estate. Issues that arise in these transactions include all the issues that are routinely attendant to real…more

Deeds, Grantors

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McAfee & Taft AgLINC - Fall 2013: More than just a handshake - Due diligence, purchase contract required for real estate purchases

In western Oklahoma, where this author was born and raised, a handshake is often all that takes place to solidify a deal for the sale or purchase of a piece of land. The need for a purchase contract or anything other than a deed…more

Contract Formation, Due Diligence, Land Titles, Real Estate Market, Title Insurance

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Down the rabbit hole: Alice case chases the elusive white rabbit of patent reform

Patent trolls — non-practicing entities best known for threatening expensive patent litigation in order to collect licensing fees from accused infringers — are a well-documented problem. Measures aimed at reforming patent…more

Patent Infringement, Patent Litigation, Patent Reform, Patent Trolls, Patents

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Amended Executive Orders expand employment discrimination prohibitions

Since 1974 – just 10 years after Title VII of the Civil Rights Act of 1964 was passed – Congress has made repeated attempts to introduce and pass legislation that would have amended the landmark Act to prohibit discrimination in…more

Civil Rights Act, Corporate Counsel, Discrimination, ENDA, Executive Orders

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Oklahoma's new defense in patent infringement lawsuits

A new Oklahoma law should give would-be plaintiffs pause before alleging abusive patent infringement claims. In May, Governor Fallin signed into law HB 2837, making Oklahoma one of 18 states to enact a state bill aimed at patent…more

New Legislation, Non-Practicing Entities, Patent Infringement, Patent Litigation, Patent Trolls

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HHS announces new risk assessment tool for HIPAA security compliance

Recently, the Department of Health and Human Services released an interactive security risk assessment tool intended to assist employers who sponsor self-insured group health plans in complying with their HIPAA security rule…more

Compliance, Data Protection, HHS, HIPAA, Risk Assessment

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Are your HIPAA ducks in a row? The next round of OCR HIPAA audits is approaching

In 2011 the Department of Health and Human Services’ Office for Civil Rights (OCR) established the HIPAA Pilot Audit Program to ensure compliance with HIPAA’s privacy, security and breach notification rules. The first…more

Audits, Best Management Practices, Covered Entities, Enforcement, HHS

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Ebola answers for employers

It comes as no surprise that employers increasingly find themselves dealing with workplace challenges relating to Ebola. The issues tend to arise in two contexts: How should employers respond to employee concerns, and what steps…more

Ebola, Employee Rights, Employer Liability Issues, Safety Precautions

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EMPLOYEE BENEFITS LAW ALERT: What the legalization of same-sex marriage means for Oklahoma employers

On Monday, Oklahoma became one of five additional U.S. states required to allow same-sex couples to marry after the U.S. Supreme Court refused to review lower court decisions that overturned state bans on same-sex marriage…more

Employee Rights, Marriage, Same-Sex Marriage

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Care for parent leads to firing

Can an employer terminate an employee out of a belief that the employee is too distracted from his job duties due to caring for a relative with a disability? That was the issue in the recent case, Kourimihelakis v. Hartford Fire…more

ADA, Associational Retaliation, Caregivers, Disability, Disability Discrimination

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McAfee & Taft AgLINC - Fall 2012

In This Issue: - 1 Farmers and commercial motor vehicle regulations - 4 Aflatoxin and the insured farmer - 5 Do you need a CDL for your recreational vehicle? - 6 McAfee & Taft’s Agricultural Real Estate Transactional…more

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Government targets ‘risky business’ with free HIPAA assessment tool

Last week, the Office for Civil Rights of the U.S. Department of Health and Human Services released a toolkit for covered entities and business associates to use to perform a security risk assessment. The HIPAA Security Rule…more

Data Protection, HIPAA, Investigations, PHI

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Sixth Circuit decision bucks trend on same-sex marriage

As you all know, the last several weeks and months have seen an unmistakable trend in federal court decisions paving the way for same-sex marriage in a majority of states. But just when it appeared that same-sex marriage might…more

Employee Rights, Employer Liability Issues, FMLA, Same-Sex Marriage

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McAfee & Taft tIP Sheet - June 2013

In This Issue: - Short Attention Span - When the stars align: Negotiating celebrity endorsement deals - It’s not easy saying you’re green - Excerpt from Short Attention Span: LIKE IT? TWEET IT? PIN…more

Advertising, Disclosure Requirements, FTC, Online Advertisements, Social Media

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Counting on you: Consider the OBF for your end-of-year donations

Originally published in the Oklahoma Bar Journal, Vol. 83, No. 33 - December 8, 2012. It’s that time of year when the Oklahoma Bar Foundation asks you to make a contribution to the OBF as a part of your end-of-year…more

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Be careful how you treat employees after a complaint of harassment is made

Recently, the Tenth Circuit Court of Appeals issued a decision in Barrett v. Salt Lake County that emphasized the importance of not retaliating against employees who engage in protected conduct. Background…more

Employer Liability Issues, Harassment, Protected Concerted Activity, Sexual Harassment

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Common legal issues affecting the refining industry

Some involvement with legal issues is inevitable for professionals, including individuals and the companies for whom they work. But too often, companies — their management, their personnel, and their counsel — accept the status…more

Client Services, Consultation, Contract Drafting, Refineries

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Interlocutory Orders Appealable by Right

No one likes to think about, much less plan for, a worst-case scenario. However, your clients' appellate options should be a critical part of your pretrial and trial strategy. There are certain interlocutory, or non-final,[1]…more

Appeals, Interlocutory Appeals, Interlocutory Orders

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Questioning employees about prescription drugs that could affect performance and safety

Employers often have policies and procedures (frequently included in a drug testing policy) that require their employees to disclose the lawful use of prescription drugs (i.e., per the advice and prescription of a licensed…more

ADA, Disability, EEOC, Employee Rights, Employer Liability Issues

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Concurrent ‘Alter-Ego’ Claims: Oklahoma Leads the Nation in Extending Protection to Shareholders, Officers and Directors

During the past several years, practitioners have devoted significant attention to the fate of the Oklahoma Legislature’s efforts at, and the Oklahoma Supreme Court’s response to, legislative tort reform. However, few noticed…more

Alter Ego, Board of Directors, LLC, Officers, Professional Liability

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Envirnomental Regulatory Update: Environmental Progress & Sustainable Energy - Volume 32, Issue 3 - October 2013

Oil and Gas Update - Hydraulic Fracturing Regulations - Bureau of Land Management: On May 16, 2013, the U.S. Department of Interior’s Bureau of Land Management (BLM) released a Supplemental Notice of Proposed…more

Bureau of Land Management, Chemicals, Clean Air Act, Energy Policy, EPA

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McAfee & Taft takes the lead in protecting American farmers' right to 2014 Farm Bill's APH Adjustment Option

Farmers who insure their crops with an Actual Production History (APH) type of crop insurance policy — especially in areas affected by the recent severe droughts — received a welcome benefit in the 2014 Farm Bill known as the…more

APH, Crop Insurance, Drought, Farm Bill, Farms

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CMS authorizes contractors to deny ‘related’ claims of physicians who are not undergoing review

The Centers for Medicare and Medicaid Services (CMS) of the Department of Health and Human Services recently issued Transmittal 505 modifying Section 3.2.3 of the Medicare Program Integrity Manual. CMS employs a variety of…more

CMS, Contractors, Healthcare, MACs, Medicare

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The Cape Town Convention: An Evolving Process (with a Side Note on Non-Citizen Trusts)

Introduction - This is the second article for the International Comparative Legal Guide series. Our first article covered the Convention on International Interests in Mobile Equipment (the “Convention”) and the Protocol…more

Aircraft, Airlines, FAA, Treaties

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Virginia Supreme Court decision reversing $17.5 million asbestos verdict against ExxonMobil Corp. stands

On June 10, 2013, the U.S. Supreme Court declined to accept the appeal of a case dealing with the duty of ship owners, under the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. §§ 901, et seq.), to intervene in…more

Compensatory Damages, Exxon Mobil, SCOTUS

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Interlocutory Orders Appealable by Right

No one likes to think about, much less plan for, a worst-case scenario. However, your clients' appellate options should be a critical part of your pretrial and trial strategy. There are certain interlocutory, or non-final,[1]…more

Appeals, Interlocutory Appeals, Interlocutory Orders

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Defining supervisor by Dara Wanzer

Originally published in the Journal Record on December 6, 2012. So what exactly does it mean to be a supervisor? Must you have the power to hire, fire, demote, promote, transfer or discipline an employee? Or do you…more

Harassment, Split of Authority, Supervisors, Title VII

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Employee fired for failing to cooperate with FMLA leave approval process

Managing employees’ FMLA leave can be one of the most challenging and frustrating responsibilities for an HR department. So what can an employer do when an employee is slow to provide documentation and respond to exam requests?…more

Compliance, Employee Rights, Employer Liability Issues, FMLA, Hiring & Firing

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Gavel to Gavel: Failure to report costly

Employers have many reporting requirements, but there is one many overlook – the Unclaimed Property Act, Oklahoma Statute title 60, §§ 651 et seq. The statute requires that a person holding property, tangible or intangible,…more

Employer Liability Issues, Failure to Report, Reporting Requirements, Unclaimed Property

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Areas of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Oklahoma
Number of Attorneys

100+ Attorneys

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