Dinsmore & Shohl LLP

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255 E. Fifth Street
Suite 1900
Cincinnati, Ohio 45202, United States
Phone: (513) 977-8200
Fax: (513) 977-8141
Areas Of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Class Action
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • California
  • Colorado
  • Connecticut
  • D.C.
  • Florida
  • Illinois
  • Indiana
  • Kentucky
  • Massachusetts
  • Michigan
  • Ohio
  • Pennsylvania
  • West Virginia
Number of Attorneys
400+ Attorneys

Regula Interruptus – Share Repurchase Disclosure Rule Delayed?

The SEC has published its final rule for the modernization of share repurchase disclosures. The final rule will require additional details of an issuer’s share repurchase activity. Unlike the previous requirements for share…more

10b5-1 Plans, Disclosure Requirements, Form 10-K, Form 10-Q, Regulation S-K

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Ohio Votes for the Decriminalization of Marijuana

On November 7, 2023 Ohio voters approved the Issue 2 ballot initiative, which will make substantial revisions to Ohio’s cannabis laws and make Ohio the 24th state to legalize recreational marijuana. Issue 2 was introduced by the…more

Cannabis Products, Decriminalization of Marijuana, Marijuana, State and Local Government

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In Decision that Vacates a $96 Million Award, SCOTUS Limits United States Trademark Law’s International Reach

On June 29, 2023, the Supreme Court of the United States handed down its much-anticipated decision in Abitron Austria GmbH, et al. (“Abitron et al.”) v. Hetronic International, Inc. (“Hetronic”) regarding the extraterritorial…more

Abitron Austria GmbH v Hetronic International Inc, Extraterritoriality Rules, Foreign Sales, Intellectual Property Protection, Lanham Act

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More Disclosures Required for Public Companies with the SEC’s New Cybersecurity Rules

The SEC has adopted final rules requiring public companies subject to the reporting requirements of the Securities Exchange Act of 1934, to disclose material cybersecurity incidents and material information regarding their…more

Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Publicly-Traded Companies, Reporting Requirements

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Scam Targets Trademark Owners with False Law Firm Solicitations

Those who have filed a trademark application before are likely already familiar with the high number of scams related to trademark registrations. These scams have been growing in sophistication and arise at every phase of the…more

Intellectual Property Protection, Trademark Application, Trademark Infringement, Trademark Registration, Trademarks

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Nearshoring: Mexico Aims to be the New “El Dorado” for Doing Business Abroad

Mexico has just announced significant tax incentives for companies in certain key industries to relocate operations to Mexico. A government decree issued on October 11, 2023 seeks to boost the nearshoring trend targeting ten…more

Corporate Counsel, Manufacturers, Mexico, NAFTA, Tax Incentives

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Spotlight on Financial Services- Consumer bankruptcy

Spotlight on Financial Services | Things happen very quickly in consumer bankruptcy filings. Dinsmore attorneys Edward J. Boll III, Esq. and Shannon O'Connell Egan work on a team that provides clients clear and concise counsel…more

Bankruptcy Code, Bankruptcy Court, Bankruptcy Plans, Chapter 13, Chapter 7

See all updates »

Supreme Court Declines to Resolve $50 Million Genius Lawsuit that Claimed Google Copied its Website Content

The Supreme Court of the United States has denied a plea to resolve a 20-year circuit split regarding the extent to which the Copyright Act preempts private contracts involving a promise not to copy digital content. The case…more

Breach of Contract, Copyright, Google, The Copyright Act

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Show Me the Money: Plan Now or Be Prepared to Pay More Later

Every construction project comes with unexpected challenges and potentially costly setbacks, but many can be avoided with proper pre-planning. The experienced construction law attorneys at Dinsmore have provided a blueprint of…more

Construction Contracts, Construction Industry, Construction Project, Contract Terms, Contractors

See all updates »

Blackbaud Reaches $49.5 Million Multistate Settlement Over Data Breach

Last week, 49 state attorneys general announced a $49.5 million settlement with Blackbaud, Inc. (Blackbaud) over the software company’s data-security practices and its response to a breach in 2020 that exposed the personal…more

Cybersecurity, Data Breach, Data Privacy, Data Protection, Data Security

See all updates »

Sixth Circuit Rejects Two-Step Collective Certification Process in FLSA Suits

In a welcomed change to a class certification process that has long favored plaintiffs, the Sixth Circuit’s May 19, 2023 decision in Clark/Holder v. A&L Homecare and Training Center, LLC adopts a new standard for certifying Fair…more

Class Action, Class Certification, Collective Actions, Employer Liability Issues, Employment Litigation

See all updates »

Supreme Court Issues Warning for Public Officials Using Social Media

“Public service is a noble calling” that requires great sacrifice, often requiring public officials to surrender personal conveniences in favor of public business. An off-duty police officer jumps into action when there is…more

First Amendment, Free Speech, Online Platforms, SCOTUS, Social Media

See all updates »

Ohio Hospital Licensure Status Update

As many of you are already aware, the 134th Ohio General Assembly passed House Bill 110 and enacted Ohio Revised Code Chapter 3722, which outlines the license requirements for Ohio hospitals. In that same Bill, the Ohio…more

General Assembly, Health Care Providers, Hospitals, Licenses

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Kentucky Senator Introduces Legislation to Combat Discrimination in the 340B Drug Program

State efforts to address the 340B Drug Program continue to ramp up in 2024. Early this January, Kentucky Senator Stephen Meredith introduced Senate Bill 27 ("SB-27"), which intends to address a number of purchasing restrictions…more

Drug Pricing, Health Care Providers, Pharmaceutical Industry, Prescription Drugs, Section 340B

See all updates »

You’ve Got (E-)Mail: Ohio Law Now Allows Licensing Agencies to Serve Disciplinary Actions Exclusively by Email

Recent changes to Ohio law have licensed health care professionals asking themselves when was the last time they confirmed or updated their email address, and other contact information, with agencies like the State Medical Board…more

Email, Health Care Providers, Licenses, Licensing Rules

See all updates »

Ohio Legislature Cultivating Medical Marijuana Access Expansion

Ohio legislators are once again attempting to transform the state’s medical marijuana control program after a similar effort stalled out last year. Proponents of the proposed legislation, Senate Bill 9, seek to expand medical…more

Decriminalization of Marijuana, Dispensaries, Healthcare, Legislative Agendas, Marijuana

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Ohio Supreme Court Allows Workplace Cities to Tax Remote Workers During COVID

The Ohio Supreme Court upheld a temporary Ohio law providing that income earned by remote workers would be taxed by the municipality that was their principal place of work, rather than the municipality where they actually…more

Income Taxes, Remote Working, Tax Liability, Tax Planning

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West Virginia Department of Health and Human Resources to be Split – Trisected, Trifurcated, and now, Trilateral

The Department of Health and Human Resources (“DHHR”) was West Virginia’s largest executive agency until the Legislature passed House Bill 2006 earlier this month. For several years now, West Virginia lawmakers have been looking…more

Administrative Agencies, Healthcare, Regulatory Oversight, State and Local Government

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[Hybrid Event] Continuing Legal Education Seminar - Credits & More 2023 - December 1st, Columbus, OH

Join Dinsmore attorneys, along with our distinguished guest speakers, for guidance and insight on timely, cutting-edge topics impacting the legal profession and business. You can attend this event either in-person or virtually…more

Artificial Intelligence, Career Development, Continuing Legal Education, Decriminalization of Marijuana, Employer Liability Issues

See all updates »

5th Circuit Trims FCA Award as DOJ’s Delayed Intervention Runs into Statute of Limitations; Knocks Seal Provision Misuse

An eight-year delay in the DOJ’s intervention decision in a False Claims Act case led to the loss of more than half of the damages awarded at trial. A divided Fifth Circuit panel determined that the government’s claims did not…more

Department of Justice (DOJ), False Claims Act (FCA), Health Care Providers, Healthcare Fraud, Medicare

See all updates »

[Hybrid Event] Continuing Legal Education Seminar - Credits & More 2023 - December 1st, Columbus, OH

Join Dinsmore attorneys, along with our distinguished guest speakers, for guidance and insight on timely, cutting-edge topics impacting the legal profession and business. You can attend this event either in-person or virtually…more

Artificial Intelligence, Career Development, Continuing Legal Education, Decriminalization of Marijuana, Employer Liability Issues

See all updates »

$9 Billion+ to be Repaid to 340B Hospitals- Is your Hospital Eligible?

In June of 2022, the Supreme Court of the United States unanimously held in American Hospital Association v. Becerra that the United States Department of Health and Human Services (“HHS”) and the Centers for Medicare and…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Hospitals, Medicare

See all updates »

Proposed Florida Laws Target Physician Non-Competes

Non-compete agreements are generally enforceable in Florida, if they are justified by a legitimate business interest and they are reasonable in time, area and line of business. However, a 2019 law invalidated non-compete…more

Employer Liability Issues, Employment Contract, Florida, Health Care Providers, Non-Compete Agreements

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The More You Claim, The More You Must Enable: SCOTUS Delivers Amgen v. Sanofi Opinion

In May, the Supreme Court of the United States handed down its decision in Amgen Inc. v. Sanofi, which addressed the statutory enablement requirement for patents. The decision is consistent with ongoing efforts to strike a…more

Amgen, Enablement Inquiries, Intellectual Property Protection, Patent Litigation, Patents

See all updates »

$9 Billion+ to be Repaid to 340B Hospitals- Is your Hospital Eligible?

In June of 2022, the Supreme Court of the United States unanimously held in American Hospital Association v. Becerra that the United States Department of Health and Human Services (“HHS”) and the Centers for Medicare and…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Hospitals, Medicare

See all updates »

Ohio Voters Pass Reproductive Freedoms Amendment to State Constitution

On November 7, 2023, Ohio voters passed Issue 1, the Right to Reproductive Freedom with Protections for Health and Safety, to establish the constitutional right to certain reproductive decisions. The new right will be enshrined…more

Abortion, Contraceptives, Reproductive Healthcare Issues, State and Local Government, State Constitutions

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U.S. District Court: The Corporate Transparency Act is Unconstitutional…for Some Businesses

On January 1, 2024, regulations implementing the Corporate Transparency Act (“CTA”) became effective, triggering new reporting obligations for many entities conducting business within the United States. The Final Rule, published…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

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Prescribing Security: Why Healthcare Companies Should Take Note of Recent Ransomware Attack

At any hour, your company is vulnerable to cybercriminals aiming to cripple your operations. The repercussions are vast, from productivity loss to compromising sensitive information, which erodes trust with customers and…more

Cybersecurity, Data Privacy, Data Security, Health Insurance Portability and Accountability Act (HIPAA), Ransomware

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Bad Spaniels or Jack Daniel’s? SCOTUS Sides with Whiskey Maker in Trademark Dispute

What do a squeak toy, whiskey, and dog poop have in common? If you are silently thinking to yourself “absolutely nothing,” it may surprise you to hear that the U.S. Supreme Court has spent months considering this question. On…more

First Amendment, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Likelihood of Confusion

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The Pregnant Workers Fairness Act May Be Broader Than You Think

The U.S. Equal Employment Opportunity Commission (EEOC) has published its proposed regulations to implement the Pregnant Workers Fairness Act (PWFA) in the Federal Register. The PWFA, which became effective on June 27, 2023,…more

Americans with Disabilities Act (ADA), Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Pregnancy, Pregnant Workers Fairness Act

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Debtors Doing Illegal Things

Introduction - The United States Trustee Program is part of the United States Department of Justice and oversees the administration of bankruptcy cases, including oversight of panel trustees. When a bankruptcy court grants a…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Debtors, Debtors-in-Possession

See all updates »

Supreme Court Issues Warning for Public Officials Using Social Media

“Public service is a noble calling” that requires great sacrifice, often requiring public officials to surrender personal conveniences in favor of public business. An off-duty police officer jumps into action when there is…more

First Amendment, Free Speech, Online Platforms, SCOTUS, Social Media

See all updates »

Spotlight on Financial Services | Clients depend on Dinsmore to offer clear and concise counsel in the complex area of financial services

Spotlight on Financial Services | Clients depend on Dinsmore to offer clear and concise counsel in the complex area of financial services Columbus-based corporate partner Christian Gonzalez explains how our team’s…more

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Texas Supreme Court Rules to Foreclose Attorney’s Fees in First Party Appraisal Context

The Supreme Court of Texas has issued its much-anticipated opinion on an open attorney’s fees question in the area of First Party Property appraisals…more

Attorney's Fees, Insurance Industry, Insurance Litigation, TX Supreme Court

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Lessons in Liability: What You Need to Know About Remote Riding Lessons

When you think of technological changes, you may not immediately think of the horse industry. Everything is more accessible now, thanks to the internet, and that includes your sport horse trainer and/or students…more

Bodily Injury, Contract Terms, Horseback Riding, Policies and Procedures, Release of Liability

See all updates »

When to Allow or Intervene in Problematic Principal Claim Settlement Negotiations

A surety may allow its bond principal to negotiate settlements with claimants after the surety has received a payment or performance bond claim. The surety must, however, avoid certain pitfalls that may expose it to liability,…more

Dispute Resolution, Litigation Strategies, Settlement Negotiations

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Decoding the H-1B CAP Registration: Navigating the Path to Skilled Foreign Talent

In preparation for H-1B CAP Registration season, the Department of Homeland Security (DHS) has issued a final rule that limits each foreign worker to one entry into the H-1B lottery system. The H-1B Registration process had…more

Foreign Nationals, Foreign Workers, H-1B, Immigrants, Immigration Procedures

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[Hybrid Event] Continuing Legal Education Seminar - Credits & More 2023 - December 1st, Columbus, OH

Join Dinsmore attorneys, along with our distinguished guest speakers, for guidance and insight on timely, cutting-edge topics impacting the legal profession and business. You can attend this event either in-person or virtually…more

Artificial Intelligence, Career Development, Continuing Legal Education, Decriminalization of Marijuana, Employer Liability Issues

See all updates »

5th Circuit Trims FCA Award as DOJ’s Delayed Intervention Runs into Statute of Limitations; Knocks Seal Provision Misuse

An eight-year delay in the DOJ’s intervention decision in a False Claims Act case led to the loss of more than half of the damages awarded at trial. A divided Fifth Circuit panel determined that the government’s claims did not…more

Department of Justice (DOJ), False Claims Act (FCA), Health Care Providers, Healthcare Fraud, Medicare

See all updates »

H-1B Lottery Ends: You’ve Been Selected! Now What?

On April 1, 2024, the U.S. Citizenship and Immigration Services (“USCIS”) announced that its initial registration selection process, commonly known as the H-1B lottery, is complete. This means the USCIS has selected enough…more

Foreign Workers, H-1B, Immigrants, Immigration Procedures, Lottery

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From Dreams to Deals: Avoiding Pitfalls in Commercial Real Estate Financing

In commercial real estate transactions, time is money, execution is everything and projects generally do not move forward without a mortgage loan. Lenders and their counsel should view a project as if the lender is the eventual…more

Commercial Leases, Commercial Real Estate Market, Financing, Real Estate Financing

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USCIS Releases H-1B Lottery Information: Registration Process Begins March 6

U.S. Citizenship and Immigration Services (USCIS) released guidance on the Fiscal Year (FY) 2025 H-1B lottery process. The registration system will be open from noon Eastern, March 6, 2024 until noon Eastern, March 22, 2024. The…more

Foreign Workers, H-1B, Immigrants, Immigration Procedures, Lottery

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Smooth Sailing: U.S. Department of State Reports Success with H-1B Visa Renewal Program

The U.S. Department of State (DOS) reports a smooth start and a lower volume of applications than it anticipated when it launched a pilot program in January of 2024. The initiative allowed individuals whose last H-1B visa was…more

Foreign Nationals, Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigrants

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The EEOC Issues its Final Rule on the Pregnant Workers Fairness Act

The United States Equal Employment Opportunity Commission (“EEOC”) has issued a final rule to implement the Pregnant Workers Fairness Act (“PWFA”). The final rule, which aims to provide clarity regarding the protections afforded…more

Americans with Disabilities Act (ADA), Employee Rights, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Federal Labor Laws

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Key Takeaways from the FDIC’s Receiverships of Silicon Valley Bank And Signature Bank

On March 10, 2023, Silicon Valley Bank and Signature Bank were closed by their respective jurisdictions’ financial service agencies due to a high influx of depositors making massive withdrawals in the week prior…more

Banking Crisis, Depository Institutions, FDIC, Financial Institutions, Liquidity

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Inspecting Floors Every 15 Minutes May Defeat a “Constructive Notice” Argument in Florida Slip/Trip and Fall Lawsuits

In a 2023 trip and fall case, the United States District Court for the Middle District of Florida granted summary judgment in favor of Defendant Wal-Mart. Kozlowski v. Wal-Mart Stores E., LP, No. 5:21-cv-261-ACC-PRL, 2023 U.S…more

Bodily Injury, Constructive Notice, Dangerous Condition, Liability, Property Owners

See all updates »

Lessons in Liability: What You Need to Know About Remote Riding Lessons

When you think of technological changes, you may not immediately think of the horse industry. Everything is more accessible now, thanks to the internet, and that includes your sport horse trainer and/or students…more

Bodily Injury, Contract Terms, Horseback Riding, Policies and Procedures, Release of Liability

See all updates »

National Security of Data? U.S. Government Issues Executive Order Aimed at Protecting Americans’ Personal Data: How Does New Cyber Security Executive Order Affect Your Business?

In a move aimed at protecting Americans’ data security, President Joe Biden signed Executive Order 14117 on “Preventing Access to Americans’ Bulk Sensitive Data and United States Government-Related Data by Countries of Concern”…more

Cybersecurity, Data Privacy, Data Protection, Data Security, Personal Data

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Supreme Court Issues Opinions on Religious Accommodation and Affirmative Action

At the end of its 2023 term, the United States Supreme Court handed down several buzz-worthy decisions. Two opinions may have substantial and lasting impacts on employers and their efforts to promote diversity and inclusion…more

College Admissions, De Minimus Doctrine, Employer Liability Issues, Equal Protection, Groff v DeJoy

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2024 Brings New Cyber-Related Legal Obligations for Banks and Fintech Firms

Fintech companies and their partners are on alert as a flurry of new state and federal cybersecurity requirements take effect. The New York Department of Financial Services (NYDFS) and the Federal Trade Commission (FTC) both…more

Banking Sector, Banks, Cybersecurity, Federal Trade Commission (FTC), FinTech

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USCIS Releases H-1B Lottery Information: Registration Process Begins March 6

U.S. Citizenship and Immigration Services (USCIS) released guidance on the Fiscal Year (FY) 2025 H-1B lottery process. The registration system will be open from noon Eastern, March 6, 2024 until noon Eastern, March 22, 2024. The…more

Foreign Workers, H-1B, Immigrants, Immigration Procedures, Lottery

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[Webinar] Medical Marijuana Laws in Kentucky - What You Need to Know - February 21st, 12:00 pm - 1:00 pm ET

The vast majority of States and the District of Columbia have now legalized the use of medical marijuana, with Kentucky set to join this list in 2025. The fast pace and varied approaches seen in this emerging field have created…more

Continuing Legal Education, Decriminalization of Marijuana, Employer Liability Issues, Employment Policies, Marijuana

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Ohio Appeals Court Ruling Upholds Strict Limits on Timing for Bringing Negligence Claims Against Design Professionals

A recent decision by the Ohio First District Court of Appeals holds the discovery rule does not apply to construction defect claims against design professionals. Generally, the discovery rule means that the applicable statute of…more

Construction Contracts, Construction Defects, Construction Industry, Construction Project, Design Professionals

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Defeating Obviousness Rejections by Arguing Against Improper Prior Art Modifications

In an opinion issued on June 5, 2023, the Federal Circuit provided a useful framework for overcoming obviousness rejections during patent prosecution, where a proposed modification to a prior art reference renders it…more

Inter Partes Review (IPR) Proceeding, Obviousness, Patent Litigation, Patent Trial and Appeal Board, Patents

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Private Investment Funds: Assess Your Structures and Prepare for Corporate Transparency Act Compliance

Beginning January 1, 2024, companies created or registered in the United States will have to report information about their ownership to the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the…more

Beneficial Owner, Corporate Transparency Act, FinCEN, Investment Advisers Act of 1940, Popular

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Proposed CMS Rules Would Impose More Stringent Staffing Requirements on Long-term Care Facilities

The Centers for Medicare & Medicaid Services (“CMS”) proposed rules in September of 2023 which would establish federal staffing requirements for Medicare and Medicaid certified long-term care facilities. The rules are part of…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Long Term Care Facilities, Nurses, Nursing Homes

See all updates »

[Hybrid Event] Continuing Legal Education Seminar - Credits & More 2023 - December 1st, Columbus, OH

Join Dinsmore attorneys, along with our distinguished guest speakers, for guidance and insight on timely, cutting-edge topics impacting the legal profession and business. You can attend this event either in-person or virtually…more

Artificial Intelligence, Career Development, Continuing Legal Education, Decriminalization of Marijuana, Employer Liability Issues

See all updates »

SEC Enforcement Orders Issued for Employment & Separation Agreement Terms

The SEC issued enforcement orders against three companies for including terms in their employment and separation agreements that violated Rule 21F-17(a) of the Securities Exchange Act of 1942, commonly known as the whistleblower…more

Contract Terms, Employment Contract, Securities and Exchange Commission (SEC), Securities Exchange Act, Securities Regulation

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Ohio Bill Would Ban Practice of Performing Intimate Exams On Anesthetized Patients Without Prior Consent

Ohio lawmakers are considering a bill – House Bill 89 – that would bar medical, nursing, and other medical-professional students from performing pelvic, prostate, or rectal exams on anesthetized or otherwise unconscious patients…more

Health Care Providers, Healthcare, Healthcare Reform, Legislative Agendas, Medical Examinations

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Debtors Doing Illegal Things

Introduction - The United States Trustee Program is part of the United States Department of Justice and oversees the administration of bankruptcy cases, including oversight of panel trustees. When a bankruptcy court grants a…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Debtors, Debtors-in-Possession

See all updates »

The More You Claim, The More You Must Enable: SCOTUS Delivers Amgen v. Sanofi Opinion

In May, the Supreme Court of the United States handed down its decision in Amgen Inc. v. Sanofi, which addressed the statutory enablement requirement for patents. The decision is consistent with ongoing efforts to strike a…more

Amgen, Enablement Inquiries, Intellectual Property Protection, Patent Litigation, Patents

See all updates »

West Virginia Legislature Advances Bill Protecting Public Access to Meetings

In a busy Legislative Session, one bill passed that may go unnoticed, but will be of help to Boards of Education. Through House Bill 3146, the Legislature adopted the Uniform Public Meetings During Emergencies Act (“the Act”)…more

Board of Education, Proposed Legislation, Public Access Laws, Public Meetings, Regulatory Agenda

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Issue 2: What Legalized Recreational Marijuana Use Means for Ohio Employers

On November 7, 2023, Ohio voters passed Issue 2, a measure that will legalize the purchase and use of recreational marijuana. By passing this initiative, Ohio becomes the 24th state to legalize recreational marijuana…more

Employer Liability Issues, Employment Policies, Marijuana, Recreational Use, State and Local Government

See all updates »

West Virginia Legislature Advances Bill Protecting Public Access to Meetings

In a busy Legislative Session, one bill passed that may go unnoticed, but will be of help to Boards of Education. Through House Bill 3146, the Legislature adopted the Uniform Public Meetings During Emergencies Act (“the Act”)…more

Board of Education, Proposed Legislation, Public Access Laws, Public Meetings, Regulatory Agenda

See all updates »

[Hybrid Event] Continuing Legal Education Seminar - Credits & More 2023 - December 1st, Columbus, OH

Join Dinsmore attorneys, along with our distinguished guest speakers, for guidance and insight on timely, cutting-edge topics impacting the legal profession and business. You can attend this event either in-person or virtually…more

Artificial Intelligence, Career Development, Continuing Legal Education, Decriminalization of Marijuana, Employer Liability Issues

See all updates »

Sixth Circuit Rejects Two-Step Collective Certification Process in FLSA Suits

In a welcomed change to a class certification process that has long favored plaintiffs, the Sixth Circuit’s May 19, 2023 decision in Clark/Holder v. A&L Homecare and Training Center, LLC adopts a new standard for certifying Fair…more

Class Action, Class Certification, Collective Actions, Employer Liability Issues, Employment Litigation

See all updates »

Inspecting Floors Every 15 Minutes May Defeat a “Constructive Notice” Argument in Florida Slip/Trip and Fall Lawsuits

In a 2023 trip and fall case, the United States District Court for the Middle District of Florida granted summary judgment in favor of Defendant Wal-Mart. Kozlowski v. Wal-Mart Stores E., LP, No. 5:21-cv-261-ACC-PRL, 2023 U.S…more

Bodily Injury, Constructive Notice, Dangerous Condition, Liability, Property Owners

See all updates »

H-1B Lottery Ends: You’ve Been Selected! Now What?

On April 1, 2024, the U.S. Citizenship and Immigration Services (“USCIS”) announced that its initial registration selection process, commonly known as the H-1B lottery, is complete. This means the USCIS has selected enough…more

Foreign Workers, H-1B, Immigrants, Immigration Procedures, Lottery

See all updates »

Federal Court Strikes Down NLRB Joint Employer Rule

On March 8, 2024, just days before it was set to take effect, U.S. District Judge J. Campbell Barker of the Eastern District of Texas vacated the National Labor Relations Board’s (“NLRB’s”) recent rule on determining the…more

Employer Liability Issues, Joint Employers, NLRB, Wage and Hour

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You’ve Got (E-)Mail: Ohio Law Now Allows Licensing Agencies to Serve Disciplinary Actions Exclusively by Email

Recent changes to Ohio law have licensed health care professionals asking themselves when was the last time they confirmed or updated their email address, and other contact information, with agencies like the State Medical Board…more

Email, Health Care Providers, Licenses, Licensing Rules

See all updates »

Kentucky Senator Introduces Legislation to Combat Discrimination in the 340B Drug Program

State efforts to address the 340B Drug Program continue to ramp up in 2024. Early this January, Kentucky Senator Stephen Meredith introduced Senate Bill 27 ("SB-27"), which intends to address a number of purchasing restrictions…more

Drug Pricing, Health Care Providers, Pharmaceutical Industry, Prescription Drugs, Section 340B

See all updates »

Lawsuit Challenges New USCIS Fee Rule

Significant increases to U.S. Citizenship and Immigration Services (“USCIS”) filing fees are set to go into effect on April 1, 2024. However, a lawsuit filed in U.S. District Court for the District of Colorado may delay that…more

EB-5, Foreign Nationals, Immigrants, Immigration Procedures, USCIS

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Spotlight on Financial Services- Consumer bankruptcy

Spotlight on Financial Services | Things happen very quickly in consumer bankruptcy filings. Dinsmore attorneys Edward J. Boll III, Esq. and Shannon O'Connell Egan work on a team that provides clients clear and concise counsel…more

Bankruptcy Code, Bankruptcy Court, Bankruptcy Plans, Chapter 13, Chapter 7

See all updates »

Blackbaud Reaches $49.5 Million Multistate Settlement Over Data Breach

Last week, 49 state attorneys general announced a $49.5 million settlement with Blackbaud, Inc. (Blackbaud) over the software company’s data-security practices and its response to a breach in 2020 that exposed the personal…more

Cybersecurity, Data Breach, Data Privacy, Data Protection, Data Security

See all updates »

Martin Scorsese’s ‘Raging Bull’ and Flo Rida’s Common Link? Attention of the U.S. Supreme Court on the Relevant Damages Period for Copyright Infringement

In the New Year, the United States Supreme Court is expected to hear arguments over the damages a plaintiff can recover in a copyright infringement lawsuit. The Supreme Court will consider the question of whether damages are…more

Copyright, Copyright Infringement, Copyright Litigation, Intellectual Property Protection, The Copyright Act

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CMS Updates Guidance and Survey Process for Home Dialysis Services in Nursing Homes

On March 22, 2023, the Centers for Medicare & Medicaid Services (“CMS”) updated its guidance and survey process for home dialysis services in nursing homes. The updated guidance is based on comments, questions, and feedback…more

Centers for Medicare & Medicaid Services (CMS), Dialysis Providers, Health Care Providers, Healthcare, New Guidance

See all updates »

Show Me the Money: Plan Now or Be Prepared to Pay More Later

Every construction project comes with unexpected challenges and potentially costly setbacks, but many can be avoided with proper pre-planning. The experienced construction law attorneys at Dinsmore have provided a blueprint of…more

Construction Contracts, Construction Industry, Construction Project, Contract Terms, Contractors

See all updates »

California Employers on Deadline: Workplace Violence Prevention Plan Required by July 1

Another year, another mandate for California employers. By July 1, 2024, nearly all employers in the Golden State must have in place a workplace violence prevention plan. While the compliance deadline may be three months away,…more

Cal-OSHA, California, Employer Liability Issues, OSHA, State Labor Laws

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No Retaliatory Intent Needed: SCOTUS Eases Requirements for SOX Whistleblower Claims

The Supreme Court of the United States recently unanimously reversed the 2nd Circuit’s ruling on an employee asserting a retaliation claim under the Sarbanes-Oxley Act (“SOX”). Now, employees asserting a retaliation claim under…more

Adverse Employment Action, Murray v UBS Securities LLC, Retaliation, Sarbanes-Oxley, SCOTUS

See all updates »

Ohio Hospital Licensure Status Update

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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