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Williams Mullen Center
200 South 10th Street, Suite 1600
Richmond, VA 23219, United States
Phone: 804.420.6000
Fax: 804.420.6507
Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Personal Injury
  • Privacy
  • Products Liability
  • 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
  • D.C.
  • North Carolina
  • South Carolina
  • Virginia
Number of Attorneys
100+ Attorneys

The Uncertainty of the Future of H-1B Visas Deepens

As part of President Trump’s “Buy American, Hire American” initiative, the Department of Homeland Security (DHS) is reportedly considering new regulations that would eliminate the ability of certain H-1B workers who are in the…more

Buy American Act, DHS, Green Cards, H-1B, USCIS

See all updates »

Wealth Transfer Tax Planning Implications of the 2017 Tax Act

On December 22, 2017, President Trump signed Public Law No. 115-97, formerly known as the Tax Cut and Jobs Act of 2017[1], into law (the “2017 Tax Act”). Increase of Gift, Estate, and GST Exclusions and Exemptions in 2018 -…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, Gift Tax

See all updates »

Virginia Environmental Regulatory Developments (February 2014)

A. Fast Track Regulations - 1. 9VAC5-10. General Definitions (Rev. D13) (amending 9VAC5-10-20). Statutory Authority: § 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and…more

Environmental Policies

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Negotiating Subcontracts From Both Sides

Although they share an ultimate customer, the interests of a prime contractor and a subcontractor are often divergent. Careful consideration and negotiation of subcontract terms can help to ensure there is a fair balance between…more

Contract Terms, Prime Contractor, Subcontractors, Subcontracts

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The Uncertainty of the Future of H-1B Visas Deepens

As part of President Trump’s “Buy American, Hire American” initiative, the Department of Homeland Security (DHS) is reportedly considering new regulations that would eliminate the ability of certain H-1B workers who are in the…more

Buy American Act, DHS, Green Cards, H-1B, USCIS

See all updates »

Williams Mullen On Call - November 2017

Welcome to the third edition of Williams Mullen On Call. In this edition, we are pleased to provide two very timely interviews. The first interview is with Mandy K. Cohen, MD, MPH, Secretary of the North Carolina Department of…more

Administrative Appeals, CMS, False Claims Act (FCA), Health Care Providers, HIPAA

See all updates »

Williams Mullen On Call - November 2017

Welcome to the third edition of Williams Mullen On Call. In this edition, we are pleased to provide two very timely interviews. The first interview is with Mandy K. Cohen, MD, MPH, Secretary of the North Carolina Department of…more

Administrative Appeals, CMS, False Claims Act (FCA), Health Care Providers, HIPAA

See all updates »

OIG Targets Integrated Hospital Systems With Recommended Changes to Medicare’s 3-Day DRG Payment Window

On February 19, 2014, the Office of the Inspector General of the United States Department of Health and Human Services (“OIG”) released a report recommending two changes in the Medicare Diagnosis Related Group (“DRG”) payments…more

Healthcare, HHS, Hospitals, Medicare, OIG

See all updates »

Clearing Up the Confusion as to Preclusion: Supreme Court’s Trademark Ruling Gives Deference to the Trademark Trial and Appeal Board (TTAB)

B&B Hardware, Inc. v. Hargis Industries, Inc., 575 U.S. _____ (2015). The U.S. Supreme Court on Tuesday ruled that federal court decisions on “likelihood of confusion” can be precluded by earlier findings on the same…more

B&B Hardware v Hargis Industries, Issue Preclusion, Likelihood of Confusion, Popular, SCOTUS

See all updates »

Single Purpose Limited Liability Companies for Liability Protection: A Word of Caution

It has become a fairly common practice among commercial and investment real estate owners to hold title to their various parcels in single purpose entities (“SPE’s”), most commonly limited liability companies (“LLC’s”). Many…more

Commercial Bankruptcy, Limited Liability Company (LLC), Personal Liability, Piercing the Corporate Veil, Real Estate Investments

See all updates »

Fourth Circuit Applies Spokeo to Vacate $11.7 Million Class Action Judgment

The U. S. Court of Appeals for the Fourth Circuit has held that a class representative who failed to allege a concrete injury from incomplete or incorrect information on his credit report did not satisfy the standing requirement…more

Article III, Class Action, Class Representatives, Corporate Counsel, Credit Reports

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In Halo Electronics v. Pulse Electronics, Supreme Court Strikes Down Seagate Test for Enhanced Damages Under Section 284 of the Patent Act.

Patent infringement plaintiffs and defendants alike fret over enhanced damages: Section 284 of the Patent Act, the basis for enhanced damages, provides that a court may grant a damages award up to three times actual damages. On…more

35 U.S.C. § 284, Enhanced Damages, Halo v Pulse, Judicial Discretion, Patent Infringement

See all updates »

FAA Issues Final Rule for Operators of Drones (Small UAS) – Part 107

On June 21, 2016, the Federal Aviation Administration (FAA) issued its final rule on how businesses may use small unmanned aircraft systems (UAS). The rule, which is commonly known as Part 107, is expected to take effect in late…more

Commercial Use, Drones, Federal Aviation Administration (FAA), Final Rules, Pilots

See all updates »

Class Action Trends in Virginia: Employment Background Reports

Forty percent of the consumer class actions filed in Virginia in 2014 alleging violations of the Fair Credit Reporting Act (“FCRA”) relate to background reports for employment purposes. With one exception, all of the cases are…more

Background Checks, Class Action, Consumer Reports, Credit Reporting Agencies, Employer Liability Issues

See all updates »

Supreme Court Upholds North Carolina’s Blue Pencil Doctrine Impacting Non-Competes

On March 18, 2016, the North Carolina Supreme Court reasserted the state’s strict blue pencil doctrine by reversing the Court of Appeals in Beverage Systems of the Carolinas, LLC v. Associated Beverage Repair, LLC, et al. (No…more

Blue Pencil Contract Modification, NC Supreme Court, Non-Compete Agreements, Restrictive Covenants, Reversal

See all updates »

“High Volatility” - How Can Banks Avoid Having Loans Classified as HVCRE?

Where did the HVCRE rules come from? In the wake of the 2008 financial crisis, international banking regulators determined that banks were not sufficiently well-capitalized and published the Basel III Capital Accords in…more

Basel III, FDIC, Financial Crisis, Financial Regulatory Reform, HVCRE Loans

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Williams Mullen Construction Industry Newsletter - Spring 2016

2016 begins with the issuance of this Construction Industry Newsletter, our fifth. In this issue, we have articles on vapor intrusion, liability for project design, enforcement of mechanic’s lien and bond waiver clauses, and the…more

Architects, CERCLA, Contaminated Properties, Contractors, Designer Professionals' Liability

See all updates »

Williams Mullen Construction Industry Newsletter - Spring/Summer 2014

In This Issue: - CGL Insurance & Defects - No Sure Thing - Contract Quicksand - The Nuclear Option - Federal Contractors - Excerpt from CGL Insurance & Defects: Does Your Insurance Cover…more

Commercial General Liability Policies, Construction Contracts, Construction Workers, Contractors, Federal Contractors

See all updates »

The New NLRB Overturns Controversial Handbook Rules and Joint Employer Standards

A stark break with precedent for the National Labor Relations Board, first signaled by the Republican-appointed General Counsel Peter Robb two weeks ago in an advice memorandum (GC 18-02), came to fruition this week. With a pair…more

Employee Handbooks, Joint Employers, NLRA, NLRB, Reversal

See all updates »

[Event] Second Annual - Managing Risk and Legal Issues in the Education Sector - Oct. 1st, Richmond, VA

Marsh, Mercer, Ernst & Young, and Williams Mullen will hold a one-day, multi-session seminar for Virginia's private K-12, colleges, and universities. The event will address a wide range of issues currently facing the education…more

Colleges, Events, Private Schools, Risk Management, Universities

See all updates »

Stock: Are Your Interests Perfected in the Digital Age?

In a secured loan transaction, it is critical for you, as the secured lender, to ensure that your security interest in the collateral is perfected in accordance with the Uniform Commercial Code (UCC) requirements. In the case of…more

Collateral, Perfected Security Interest, Secured Notes, Stocks, UCC Financing Statements

See all updates »

New Tax Bill Includes Significant Changes to Federal Alcohol Excise Taxes

On Wednesday, December 20, 2017, Congress passed H.R. 1, commonly known as the Tax Cuts and Jobs Act (the “Act”), and President Trump signed the Act into law on Friday, December 22nd. The Act makes significant changes to…more

Beer, Distilleries, Excise Tax, Tax Cuts, Wine & Alcohol

See all updates »

Plan Administrators’ 2017 Year-End Checklist

Plan administrators should review the following actions to be taken before the end of 2017 and focus on what to expect for 2018. The attached checklist addresses plan amendments, notices and other considerations for qualified…more

Benefit Plan Sponsors, Defined Benefit Plans, Defined Contribution Plans, Employee Benefits, Employee Stock Purchase Plans

See all updates »

Williams Mullen On Call - November 2017

Welcome to the third edition of Williams Mullen On Call. In this edition, we are pleased to provide two very timely interviews. The first interview is with Mandy K. Cohen, MD, MPH, Secretary of the North Carolina Department of…more

Administrative Appeals, CMS, False Claims Act (FCA), Health Care Providers, HIPAA

See all updates »

The Seventh Circuit’s Big Decision: Sexual Orientation Discrimination Is Prohibited By Title VII

On April 4, 2017, the United States Court of Appeals for the Seventh Circuit (covering Illinois, Indiana, and Wisconsin), sitting en banc, handed down what is being called a monumental decision in the development of legal…more

Civil Rights Act, EEOC, Employer Liability Issues, En Banc Review, Sex Discrimination

See all updates »

D.C. Circuit Court Limits EPA’s Sham Recycling Rule

The United States Court of Appeals for the District of Columbia Circuit recently rejected portions of an EPA rule designed to distinguish true recycling from “sham recycling” under the Resource Conservation and Recovery Act…more

American Petroleum Institute, Appeals, EPA, Hazardous Waste, Industrial Products

See all updates »

The Cost of Clarity: IRS Issues Regulations Addressing Proper Treatment of Code Section 50(d) Income

On July 21, 2016, the IRS issued long-awaited regulations under Section 50 of the Internal Revenue Code (the “Code”) clarifying the manner in which “Section 50(d) Income” is to be recognized in lease pass-through investment tax…more

Energy Sector, Energy Tax Incentives, Historical Rehabilitation, Income Taxes, Investment Property

See all updates »

2016: A Busy Year for the Supreme Court of Virginia, Including 2 Significant Decisions for the Construction Industry

If you are a design professional providing services in Virginia, or a general contractor on a public works project for the Commonwealth of Virginia, you need to know of two Virginia Supreme Court decisions in 2016. You ask why?…more

Appeals, Bench Trial, Claims Limitations Period, Construction Defects, Construction Industry

See all updates »

Navigating the State and Local Public Procurement Process in Virginia

If your company has a contract (or hopes to win a contract) with a public body in the Commonwealth of Virginia, then you likely are aware of the dominant role the Virginia Public Procurement Act (VPPA) will play in the public…more

Procurement Guidelines, Request for Proposals, State Contractors, State Procurement Contracts

See all updates »

Virginia Environmental Regulatory Developments (February 2014)

A. Fast Track Regulations - 1. 9VAC5-10. General Definitions (Rev. D13) (amending 9VAC5-10-20). Statutory Authority: § 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and…more

Environmental Policies

See all updates »

Changes Abound in New Tax Bill for Multinational Companies

Perhaps some of the most extensive changes in H.R. 1, known as the Tax Cuts and Jobs Act (the “Act”), deal with the taxation of multinational companies. The taxation of foreign earnings has long been a point of contention…more

C-Corporation, Controlled Foreign Corporations, Corporate Counsel, Corporate Taxes, Dividends

See all updates »

Williams Mullen On Call - November 2017

Welcome to the third edition of Williams Mullen On Call. In this edition, we are pleased to provide two very timely interviews. The first interview is with Mandy K. Cohen, MD, MPH, Secretary of the North Carolina Department of…more

Administrative Appeals, CMS, False Claims Act (FCA), Health Care Providers, HIPAA

See all updates »

New Disability Benefit Claims Procedures Become Effective April 1, 2018

The Department of Labor announced earlier this month that regulations on claims and appeals for employer-provided disability benefits will go into effect on April 1, 2018. The announcement comes following a delay in the original…more

Benefit Plan Sponsors, Claim Procedures, Disability, Disability Benefits, DOL

See all updates »

U.S. Tax Court Ruling in State Conservation Tax Credit Case Requires Income Recognition

In its recently issued opinion in the case of Route 231, LLC v. Commissioner, T.C. Memo 2014-30 (2/24/14), the United States Tax Court (the “Court”) held that a transfer of state tax credits to a 1% member who had contributed…more

Conservation Tax Credit, Corporate Taxes, IRS, Limited Liability Company (LLC), Operating Agreements

See all updates »

[Event] Long-Term Care Conference - October 18th, Richmond, VA

Williams Mullen's Long-Term Care Conference will provide health care executives with the latest information on how to mitigate professional liability and regulatory risks; manage employment law matters, including overtime,…more

CEOs, CFOs, COOs, Employer Liability Issues, Events

See all updates »

Wealth Transfer Tax Planning Implications of the 2017 Tax Act

On December 22, 2017, President Trump signed Public Law No. 115-97, formerly known as the Tax Cut and Jobs Act of 2017[1], into law (the “2017 Tax Act”). Increase of Gift, Estate, and GST Exclusions and Exemptions in 2018 -…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, Gift Tax

See all updates »

Treasury, IRS Deem 2704 Proposed Regulations Put Undue Burden on Taxpayers

The U.S. Department of the Treasury and the IRS, in Notice 2017-38, have identified the proposed regulations (the “Proposed Regulations”) under § 2704 of the Internal Revenue Code as potentially imposing an undue burden on U.S…more

Executive Orders, Internal Revenue Code (IRC), IRS, Proposed Regulation, Public Comment

See all updates »

CPARS From A to Z

Contractor past performance information originates in the agencies’ Contractor Performance Assessment Reporting System (CPARS). You need to understand what the CPARS is and what your rights are so you can monitor your past…more

Bid Protests, Contract Disputes Act, Court of Federal Claims, CPARS, Federal Contractors

See all updates »

Stock: Are Your Interests Perfected in the Digital Age?

In a secured loan transaction, it is critical for you, as the secured lender, to ensure that your security interest in the collateral is perfected in accordance with the Uniform Commercial Code (UCC) requirements. In the case of…more

Collateral, Perfected Security Interest, Secured Notes, Stocks, UCC Financing Statements

See all updates »

The New NLRB Overturns Controversial Handbook Rules and Joint Employer Standards

A stark break with precedent for the National Labor Relations Board, first signaled by the Republican-appointed General Counsel Peter Robb two weeks ago in an advice memorandum (GC 18-02), came to fruition this week. With a pair…more

Employee Handbooks, Joint Employers, NLRA, NLRB, Reversal

See all updates »

Congress Passes Tax Act

On Wednesday, December 20, 2017, the legislation previously known as the “Tax Cuts and Jobs Act” (the “Act”) passed the United States House and Senate. At this juncture, it appears President Trump will sign the Act into law on…more

Affordable Care Act, Corporate Taxes, Income Taxes, Individual Mandate, Mortgage Interest

See all updates »

Benefit and Contribution Limits for 2018

The Commissioner of Internal Revenue announced the 2018 dollar limitations for benefits and contributions that apply to retirement plans. Some limits have increased while others remained the same…more

Benefit Plan Sponsors, Contribution Limits, Employee Benefits, IRS, Retirement Plan

See all updates »

Biosimilar “Patent Dance” Does Not Permit Sidestepping of 180-Day Notice

On July 5, 2016, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) unanimously ruled in Amgen v. Apotex that biosimilar makers must provide brand-name rivals with a 180-day notice only after receipt of approval…more

Amgen, Apotex, Biosimilars, BPCIA, Commercial Marketing

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The DOJ’s Revised FCPA Corporate Enforcement Policy: A New Blueprint for Corporate Cooperation and Credit

On November 29, 2017, Deputy Attorney General Rod Rosenstein announced the issuance of a revised FCPA Corporate Enforcement Policy (the “Policy”). Rosenstein announced that the “new policy enables the Department [of Justice] to…more

Compliance, Cooperation, Corporate Misconduct, Declination, DOJ

See all updates »

CFPB Issues Proposed Rules Regulating Payday, Vehicle Title and Other Loans, as Permitted by Dodd-Frank

On Friday, July 22, 2016, the Consumer Financial Protection Bureau (the “Bureau”) published proposed rules and a request for public comment in the Federal Register to establish a new consumer regulation, 12 CFR 1041, which would…more

CFPB, Payday Loans, Proposed Regulation, Public Comment, Title Loans

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Williams Mullen On Call - November 2017

Welcome to the third edition of Williams Mullen On Call. In this edition, we are pleased to provide two very timely interviews. The first interview is with Mandy K. Cohen, MD, MPH, Secretary of the North Carolina Department of…more

Administrative Appeals, CMS, False Claims Act (FCA), Health Care Providers, HIPAA

See all updates »

The Evolving Internet of Things and Its Risks for Business Consumers

The recent distributed denial of service (“DDOS”) attack on domain name service provider Dyn is likely to result in greater scrutiny by regulators and lawmakers of the potential risks associated with the increasing use of the…more

Cyber Attacks, Cybersecurity, Denial of Service Attacks, Distributed Denial of Service, Domain Names

See all updates »

Williams Mullen Construction Industry Newsletter - Spring 2016

2016 begins with the issuance of this Construction Industry Newsletter, our fifth. In this issue, we have articles on vapor intrusion, liability for project design, enforcement of mechanic’s lien and bond waiver clauses, and the…more

Architects, CERCLA, Contaminated Properties, Contractors, Designer Professionals' Liability

See all updates »

10 Things an Employer Needs to Know About Limiting Liability for Harassment in the Work Place

Have a clear, updated and effective policy prohibiting harassment based on all protected characteristics. This is a minimum requirement for avoiding liability for hostile work environment claims pertaining to non-supervisor…more

Anti-Harassment Policies, Employer Liability Issues, Harassment, Hostile Environment, Sexual Harassment

See all updates »

2017 Highlights the Importance of State Law Compliance in the Firearms Industry

The firearms industry had a strong year in 2017 and will again kick off the new year with the Shooting, Hunting, Outdoor Trade Show (SHOT Show), the global trade show for all professionals involved with the shooting sports,…more

ATF, Firearms, Gun Laws, Private Letter Rulings

See all updates »

The Erosion of Charitable Immunity for Virginia’s Colleges and Universities and What it Means for the Administrators and Trustees Who Lead Those Institutions.

Historically, Virginia courts have treated non-profit colleges and universities as charitable institutions which are insulated from liability for simple negligence. This rule (known as the doctrine of “charitable immunity”) is…more

Colleges, Commercial General Liability Policies, Immunity, Negligence, Non-Profits

See all updates »

New Tax Bill Includes Significant Changes to Federal Alcohol Excise Taxes

On Wednesday, December 20, 2017, Congress passed H.R. 1, commonly known as the Tax Cuts and Jobs Act (the “Act”), and President Trump signed the Act into law on Friday, December 22nd. The Act makes significant changes to…more

Beer, Distilleries, Excise Tax, Tax Cuts, Wine & Alcohol

See all updates »

Small & Mid-Cap Public Company Update: 2018 Annual Report and Proxy Season Highlights

With 2017 being another active year for regulators and governance activists, Small & Mid-Cap Public Companies should be aware of the following changes and trends for the upcoming reporting season…more

Annual Reports, Corporate Governance, Disclosure Requirements, Emerging Growth Companies, Proxy Season

See all updates »

Environmental Notes - December 2017

A prominent characteristic of the Obama EPA was its close relationship with national environmental groups. The most controversial EPA rulemakings seemed to be the by-product of litigation settlements when environmental groups…more

Clean Power Plan, Enforcement, Environmental Violations, EPA, Regulatory Agenda

See all updates »

Nonpayment of Subcontractors: Can Subcontractors Get Any Help From the Government?

Although subcontractors lack privity of contract with the government customer and subcontract disputes generally are governed by local law, subcontractors do have some legal leverage to help them get paid…more

Administrative Remedies, Construction Industry, Federal Acquisition Regulations (FAR), Late Payments, Prime Contractor

See all updates »

Williams Mullen On Call - November 2017

Welcome to the third edition of Williams Mullen On Call. In this edition, we are pleased to provide two very timely interviews. The first interview is with Mandy K. Cohen, MD, MPH, Secretary of the North Carolina Department of…more

Administrative Appeals, CMS, False Claims Act (FCA), Health Care Providers, HIPAA

See all updates »

Money, Dirt and Steel: Spring 2017

When Are Your Subcontractor's Employees Your Employees? In January, the Fourth Circuit Court of Appeals entered its decision in Salinas v. Commercial Interiors, Inc., ruling that a contractor and its subcontractor can be…more

Arbitration, Commercial Leases, Construction Industry, Employee Definition, Foreclosure

See all updates »

Digital Millennium Copyright Act (DMCA) – Designate Your Agent.

The U.S. Copyright Office issued a rule change to the Digital Millennium Copyright Act (“DMCA”) § 512 safe harbor provision that affects the rights of online service providers that are new to the DMCA system or those that…more

Copyright, Copyright Infringement, Copyright Office, Designated Agent, DMCA

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How to Negotiate a Lease to Protect Your Business: Top 10 Tips for Retail Tenants

Below is a key list of 10 tips that retail tenants should consider when negotiating their commercial lease agreements. Hire a Broker - Other than consulting an attorney, hiring a knowledgeable commercial real estate…more

Commercial Leases, Commercial Tenants, Contract Drafting, Contract Negotiations, Contract Terms

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CMS Clarifies 60-Day Reporting Requirements For Medicare Parts A & B

The Centers for Medicare and Medicaid Services (“CMS”) has clarified the reporting requirements and lookback period for overpayments from Medicare Parts A and B in Final Rule 6037 (“Final Rule”), issued by CMS on February 12,…more

60-Day Rule, Affordable Care Act, CMS, False Claims Act (FCA), Final Rules

See all updates »

The Dennis Decision: A Shot Across the Bow for Hospitals

A recent Virginia court decision questions the reasonable value of health care services and creates a challenge to debt collection efforts by hospitals. In March, the Circuit Court for Henry County, Patrick County, and the City…more

Breach of Contract, Confidential Information, Contract of Adhesion, Counterclaims, Debt Collection

See all updates »

Virginia Real Property Tax Prepayment Limitation Under the New Federal Income Tax Law

Many individual taxpayers are rushing to prepay their real property taxes in anticipation of the new lower cap of $10,000.00. Not everyone will be able to take advantage of the tax planning idea…more

Internal Revenue Code (IRC), Property Tax, Tax Assessment, Tax Cuts and Jobs Act

See all updates »

Estate Planning Inflation Adjustments for Tax Year 2018 & 2017-2018 Priority Guidance Plan

Many estate planning provisions of the Internal Revenue Code contain brackets, exemptions, exclusions, deductions, or other figures that the IRS adjusts annually for inflation. Every year around this time, the IRS releases these…more

Estate Planning, Inflation Adjustments, Internal Revenue Code (IRC), IRS, Priority Guidance Plan

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Richmond’s Master Plan Update: A Rare Opportunity for the Real Estate Development Industry

On July 18, 2017, the City of Richmond formally initiated an update to the City-wide Master Plan, which it named “Richmond 300: A Guide for Growth”. Intended as a roadmap for the City’s development over the next 25 years, the…more

General Plan, Land Use Restrictions, Real Estate Development, Urban Planning & Development, Zoning Laws

See all updates »

When Are Your Subcontractor's Employees Your Employees?

In January, the Fourth Circuit Court of Appeals entered its decision in Salinas v. Commercial Interiors, Inc., ruling that a contractor and its subcontractor can be the “joint employers” of the subcontractor’s worker for Fair…more

Construction Industry, Employer Liability Issues, General Contractors, Joint Employers, Subcontractors

See all updates »

Assisted Living Facilities: Preparation for Regulatory Changes

The Virginia Board of Social Services (Board) is working on a comprehensive overhaul of the regulations governing assisted living facilities. The revised regulations are at the final regulations stage…more

Assisted Living Facility, Proposed Regulation, Regulatory Agenda, Secretary of HHS

See all updates »

CPARS From A to Z

Contractor past performance information originates in the agencies’ Contractor Performance Assessment Reporting System (CPARS). You need to understand what the CPARS is and what your rights are so you can monitor your past…more

Bid Protests, Contract Disputes Act, Court of Federal Claims, CPARS, Federal Contractors

See all updates »

Speak Now? Sunrise Periods Closing on New gTLDs

On January 21, 2014, the Internet Corporation for Assigned Names and Numbers (ICANN) announced that it has “delegated” more than 100 new generic Top Level Domains (gTLDs), or roughly five times the total number of gTLDs in…more

Domain Names, gTLD, Trademarks

See all updates »

Environmental Notes - December 2017

A prominent characteristic of the Obama EPA was its close relationship with national environmental groups. The most controversial EPA rulemakings seemed to be the by-product of litigation settlements when environmental groups…more

Clean Power Plan, Enforcement, Environmental Violations, EPA, Regulatory Agenda

See all updates »

Mid-Build Provider-Based Department (PBD) Attestation Filing Deadline Fast Approaching (Checklist Included)

Providers seeking to classify certain off-campus departments as “mid-build” for purposes of eligibility for Hospital Outpatient Prospective Payment System (OPPS) reimbursement must file a provider-based attestation with their…more

21st Century Cures Act, CMS, Hospitals, Off-Campus Departments, Outpatient Prospective Payment System (OPPS)

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Small Businesses, Big Opportunities – Recent SBA Expansion of the Mentor-Protégé Program

Effective August 24, 2016, the Small Business Administration (“SBA”) will fulfill the mandates of the Small Business Jobs Act of 2010 and the National Defense Authorization Act for Fiscal Year 2013 (“NDAA 2013”), which…more

Entrepreneurs, Federal Contractors, HUBZone, JOBS Act, Joint Venture

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GOP Tax Reform: Impact on Executive Compensation and Employee Benefit Plans

The tax reform act, formerly known as the Tax Cuts and Jobs Act (the “Act”), was approved by House and Senate Republicans and is ready to be signed into law by President Donald Trump. President Trump is expected to sign the…more

Affordable Care Act, Corporate Taxes, Deferred Compensation, Defined Contribution Plans, Excise Tax

See all updates »

Williams Mullen Construction Industry Newsletter - Winter/Spring 2015

In this Issue: - Welcome - Williams Mullen Announces Coastal Flooding Practice - Federal Government Contracts - New Challenges - Green Certification - Bankruptcy and Virginia Mechanic’s…more

Coastal Real Estate, Commercial Bankruptcy, Construction Industry, Federal Contractors, Flood Zones

See all updates »

Clearing Up the Confusion as to Preclusion: Supreme Court’s Trademark Ruling Gives Deference to the Trademark Trial and Appeal Board (TTAB)

B&B Hardware, Inc. v. Hargis Industries, Inc., 575 U.S. _____ (2015). The U.S. Supreme Court on Tuesday ruled that federal court decisions on “likelihood of confusion” can be precluded by earlier findings on the same…more

B&B Hardware v Hargis Industries, Issue Preclusion, Likelihood of Confusion, Popular, SCOTUS

See all updates »

The DOJ’s Revised FCPA Corporate Enforcement Policy: A New Blueprint for Corporate Cooperation and Credit

On November 29, 2017, Deputy Attorney General Rod Rosenstein announced the issuance of a revised FCPA Corporate Enforcement Policy (the “Policy”). Rosenstein announced that the “new policy enables the Department [of Justice] to…more

Compliance, Cooperation, Corporate Misconduct, Declination, DOJ

See all updates »

The Future of H-1B Visas May Be Scrooged

The H-1B visa program allows companies in the United States to temporarily employ foreign workers in “specialty occupations.” In recent months, several changes to the program have either been announced or proposed, with…more

DHS, H-1B, L-1 Visas, NAFTA, New Guidance

See all updates »

Williams Mullen On Call - November 2017

Welcome to the third edition of Williams Mullen On Call. In this edition, we are pleased to provide two very timely interviews. The first interview is with Mandy K. Cohen, MD, MPH, Secretary of the North Carolina Department of…more

Administrative Appeals, CMS, False Claims Act (FCA), Health Care Providers, HIPAA

See all updates »

Understanding Real Estate Tax Assessment Procedures

If the locality where your company’s real property is situated went through a revaluation of real property for tax purposes effective as of January 1, 2014, your company should soon be receiving a notice of assessment. You may…more

Property Tax, Real Estate Market, Tax Assessment

See all updates »

New Tax Bill Includes Significant Changes to Federal Alcohol Excise Taxes

On Wednesday, December 20, 2017, Congress passed H.R. 1, commonly known as the Tax Cuts and Jobs Act (the “Act”), and President Trump signed the Act into law on Friday, December 22nd. The Act makes significant changes to…more

Beer, Distilleries, Excise Tax, Tax Cuts, Wine & Alcohol

See all updates »

Recently Signed North Carolina Budget Includes Important Tax Changes

Nearly three months after the beginning of North Carolina’s fiscal year, on September 18 the state General Assembly finally adopted a budget for the next two years which was signed by Governor Pat McCrory on the same…more

Corporate Taxes, General Assembly, Legislative Agendas, State Budgets, Tax Credits

See all updates »

Trump Administration Suspends Premium or Expedited Processing of All H-1B Petitions!

On April 3, 2017, the Trump Administration Will Suspend for up to 6 Months All Expedited or Premium Processing of H-1B Petitions. This is the latest in a series of changes or attempted changes to immigration policies and…more

H-1B, Trump Administration, USCIS

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State Attorneys General Served “home cooking” by the Supreme Court of the United States

On January 14, 2014, in Mississippi v. AU Optronics Corp., the Supreme Court held that a parens patriae action (one brought by the state on behalf of its injured citizens) does not constitute a ‘mass action’ and cannot be…more

Attorney Generals, CAFA, Class Action, Parens Patriae, Removal

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[Event] Long-Term Care Conference - October 18th, Richmond, VA

Williams Mullen's Long-Term Care Conference will provide health care executives with the latest information on how to mitigate professional liability and regulatory risks; manage employment law matters, including overtime,…more

CEOs, CFOs, COOs, Employer Liability Issues, Events

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7 Key Roles of a Successful Startup CEO

In your experience, what’s the most important role that a startup CEO should fulfill? That’s the question we put recently to JD Supra contributors, many of whom have spent years working with successful entrepreneurs in various…more

Business Formation, CEOs, Legal Perspectives, Startups

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Fourth Circuit Applies Spokeo to Vacate $11.7 Million Class Action Judgment

The U. S. Court of Appeals for the Fourth Circuit has held that a class representative who failed to allege a concrete injury from incomplete or incorrect information on his credit report did not satisfy the standing requirement…more

Article III, Class Action, Class Representatives, Corporate Counsel, Credit Reports

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Wealth Transfer Tax Planning Implications of the 2017 Tax Act

On December 22, 2017, President Trump signed Public Law No. 115-97, formerly known as the Tax Cut and Jobs Act of 2017[1], into law (the “2017 Tax Act”). Increase of Gift, Estate, and GST Exclusions and Exemptions in 2018 -…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, Gift Tax

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How SilencerCo Strategically Uses Two Federal Laws in Innovative Design of the Maxim 50

On September 19th, Utah based SilencerCo released the Maxim 50, a suppressed muzzleloader that is not subject to the $200 tax and long wait times typically associated with a suppressor or suppressed firearm. How?…more

Firearms, Gun Laws, Gun Manufacturers, Pending Legislation, Trump Administration

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Round Two for Virginia’s Proposed Nonpoint Source Nutrient Credit Certification Regulation

The Virginia State Water Control Board (“Board”) recently approved a revised proposed regulation for the certification of non-point source nutrient credits (“NSN Credits”). The regulation now moves to the Governor’s office for…more

Proposed Regulation, Wastewater, Water Control Board

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Two Steps Forward, One Step Back: FAA’s UAS Identification and Tracking Aviation Rulemaking Committee (ARC) Issues Final Report

The FAA’s UAS Identification and Tracking (“UAS ID”) Aviation Rulemaking Committee (ARC) published its final report on December 19, 2017. The ARC, which was chartered to provide recommendations to the FAA regarding technologies…more

Airspace, Drones, Federal Aviation Administration (FAA), Final Report, Rulemaking Process

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2016: A Busy Year for the Supreme Court of Virginia, Including 2 Significant Decisions for the Construction Industry

If you are a design professional providing services in Virginia, or a general contractor on a public works project for the Commonwealth of Virginia, you need to know of two Virginia Supreme Court decisions in 2016. You ask why?…more

Appeals, Bench Trial, Claims Limitations Period, Construction Defects, Construction Industry

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Legislative Solutions: 2017 Virginia Legislative Recap

The following is a summary of key legislation impacting the health care industry in Virginia. Reforming or Repealing Virginia’s Certificate of Public Need Program - The study of the COPN process continues - A…more

Affordable Care Act, Certificate of Need, Health Care Providers, Medicaid, Medicare

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Plan Administrators’ 2017 Year-End Checklist

Plan administrators should review the following actions to be taken before the end of 2017 and focus on what to expect for 2018. The attached checklist addresses plan amendments, notices and other considerations for qualified…more

Benefit Plan Sponsors, Defined Benefit Plans, Defined Contribution Plans, Employee Benefits, Employee Stock Purchase Plans

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U.S. Tax Court Ruling in State Conservation Tax Credit Case Requires Income Recognition

In its recently issued opinion in the case of Route 231, LLC v. Commissioner, T.C. Memo 2014-30 (2/24/14), the United States Tax Court (the “Court”) held that a transfer of state tax credits to a 1% member who had contributed…more

Conservation Tax Credit, Corporate Taxes, IRS, Limited Liability Company (LLC), Operating Agreements

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Virginia’s Tourism Development Financing Program Gains Steam Around the State

The unique financing alternative afforded to tourism project developers under Virginia Code Section 58.1-3851.1 creates exciting opportunities for growth in tourism and resort areas throughout the state. The expected development…more

Economic Development, Hospitality Industry, Project Finance, Public Financing, Real Estate Development

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Recently Signed North Carolina Budget Includes Important Tax Changes

Nearly three months after the beginning of North Carolina’s fiscal year, on September 18 the state General Assembly finally adopted a budget for the next two years which was signed by Governor Pat McCrory on the same…more

Corporate Taxes, General Assembly, Legislative Agendas, State Budgets, Tax Credits

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FERC Proposes Reforms to Large Generator Interconnection

Late in 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (Proposed Rule), which contemplates revising the pro forma Large Generator Interconnection Procedures (LGIP), the pro forma…more

Electric Generation Suppliers, FERC, Interconnections, ISOs, NPRM

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DOJ Sues to Enjoin Two Large Health Insurer Mergers

In July 2015, health insurer mergers were announced between Anthem and Cigna and between Aetna and Humana. The effect of these mergers would elevate Anthem/Cigna to the #1 rank in size among national health insurers…more

Aetna, Anthem Insurance, Antitrust Provisions, CIGNA, DOJ

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Money, Dirt and Steel: Year End 2016

COPIES AND AFFIDAVITS ADMISSIBLE IN POWER OF SALE FORECLOSURE PROCEEDINGS - In the Matter of Foreclosure by Rogers Townsend & Thomas, __ N.C. App. ___, COA15-581 (April 15, 2016), was a Non-judicial foreclosure action…more

Anti-Alienation Provisions, Color of Title, Condominium Associations, Easements, Foreclosure

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Second Amendment Rights “Out the Door” in D.C.

Despite what might be implied by this article’s title, Second Amendment rights have actually expanded in D.C. recently. Last month, in Palmer v. District of Columbia __F. Supp.2d__ (2014); 2014 WL 3702854 (D.D.C. July 24, 2014),…more

Concealed Weapons, Firearms, Licensing Rules, Second Amendment

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Small Businesses, Big Opportunities – Recent SBA Expansion of the Mentor-Protégé Program

Effective August 24, 2016, the Small Business Administration (“SBA”) will fulfill the mandates of the Small Business Jobs Act of 2010 and the National Defense Authorization Act for Fiscal Year 2013 (“NDAA 2013”), which…more

Entrepreneurs, Federal Contractors, HUBZone, JOBS Act, Joint Venture

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Biosimilar “Patent Dance” Does Not Permit Sidestepping of 180-Day Notice

On July 5, 2016, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) unanimously ruled in Amgen v. Apotex that biosimilar makers must provide brand-name rivals with a 180-day notice only after receipt of approval…more

Amgen, Apotex, Biosimilars, BPCIA, Commercial Marketing

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Federal Court Blocks Dept. of Labor “Overtime Rules” From Taking Effect on December 1, 2016 – So, Now What?

On Tuesday, November 22, 2016, a federal court in Texas issued a Preliminary Injunction Order that effectively halted implementation of the new "overtime rules" mandated by the U.S. Department of Labor (DOL) scheduled to take…more

DOL, Final Rules, FLSA, Minimum Salary, Over-Time

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Dissecting the Proffer Reform Bill

Virginia Code § 15.2-2303.4, the Proffer Reform Bill, went into effect on July 1, 2016. The bill was an effort by the Virginia General Assembly to overhaul localities’ proffer programs…more

Capital Contributions, Dolan v City of Tigard, Equal Protection, Exactions, General Assembly

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Back to the Future: Supreme Court Narrows Patent Venue in TC Heartland Case and Returns Dispute to State of Incorporation or Where Defendant Has Regular and Established Place of Business

The Supreme Court on Monday substantially narrowed the district court venues available to patent owners seeking to sue for infringement. In TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ___ (2017), the Supreme…more

Domestic Corporations, E-Commerce, Foreign Corporations, Forum Shopping, Non-Practicing Entities

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Virginia Real Property Tax Prepayment Limitation Under the New Federal Income Tax Law

Many individual taxpayers are rushing to prepay their real property taxes in anticipation of the new lower cap of $10,000.00. Not everyone will be able to take advantage of the tax planning idea…more

Internal Revenue Code (IRC), Property Tax, Tax Assessment, Tax Cuts and Jobs Act

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Fourth Circuit Rejects “Manager Rule” in Title VII Cases

In an important recent decision, DeMasters v. Carilion Clinic, the Fourth Circuit determined that the so-called “manager rule” exception to federal anti-retaliation laws does not apply to employment cases filed under Title VII. …more

Adverse Employment Action, Anti-Retaliation Provisions, Appeals, Employer Liability Issues, FLSA

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A Primer on Design Professionals’ Liability in Virginia

When building a construction project in Virginia, it is essential that you understand the obligations and supporting legal principles for each of the parties involved in the Project. You cannot make an informed judgment of the…more

Architects, Construction Contracts, Construction Industry, Construction Project, Contract Terms

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Environmental Notes - December 2017

A prominent characteristic of the Obama EPA was its close relationship with national environmental groups. The most controversial EPA rulemakings seemed to be the by-product of litigation settlements when environmental groups…more

Clean Power Plan, Enforcement, Environmental Violations, EPA, Regulatory Agenda

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Digital Millennium Copyright Act (DMCA) – Designate Your Agent.

The U.S. Copyright Office issued a rule change to the Digital Millennium Copyright Act (“DMCA”) § 512 safe harbor provision that affects the rights of online service providers that are new to the DMCA system or those that…more

Copyright, Copyright Infringement, Copyright Office, Designated Agent, DMCA

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Defeating Class Certification: Halliburton II Ruling Impacts Securities Class Action Issues

In its June 23, 2014 opinion in Halliburton Co. v. Erica P. John Fund, Inc. (“Halliburton II”), the United States Supreme Court addressed two securities class action issues: 1. It affirmed the validity of the…more

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

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Environmental Notes - December 2017

A prominent characteristic of the Obama EPA was its close relationship with national environmental groups. The most controversial EPA rulemakings seemed to be the by-product of litigation settlements when environmental groups…more

Clean Power Plan, Enforcement, Environmental Violations, EPA, Regulatory Agenda

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Geofencing and Geotracking: Navigating Legal and Privacy Concerns for Employers

The more that technology evolves, the easier it has become for employers of all sizes and across various industries to monitor their employees with tracking technology. Indeed, a 2012 study by technology research firm Aberdeen…more

Construction Industry, Employee Privacy Rights, Employee Tracking, Employer Liability Issues, GPS

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2017 Highlights the Importance of State Law Compliance in the Firearms Industry

The firearms industry had a strong year in 2017 and will again kick off the new year with the Shooting, Hunting, Outdoor Trade Show (SHOT Show), the global trade show for all professionals involved with the shooting sports,…more

ATF, Firearms, Gun Laws, Private Letter Rulings

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Environmental Notes - December 2017

A prominent characteristic of the Obama EPA was its close relationship with national environmental groups. The most controversial EPA rulemakings seemed to be the by-product of litigation settlements when environmental groups…more

Clean Power Plan, Enforcement, Environmental Violations, EPA, Regulatory Agenda

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Is Gender Identity and Sexual Orientation Employment Discrimination Prohibited? It Depends on Whom You Ask

There have been many news stories over the past couple of years about sexual orientation and gender identity discrimination in the workplace and in schools. Yet, in none of those stories is it ever made clear what the actual…more

Discrimination, EEOC, Employer Liability Issues, Gender Discrimination, Gender Identity

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Gross Receipts From Sales of Exported Goods Not Subject To Virginia BPOL Taxes

On August 24, 2017, the Supreme Court of Virginia issued a tax ruling that is favorable to Virginia taxpayers with international exports. As background, Virginia localities are permitted to impose the Business, Professional and…more

Business Taxes, Exporters, Exports, Gross Receipts Tax, Tax Refunds

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CPARS From A to Z

Contractor past performance information originates in the agencies’ Contractor Performance Assessment Reporting System (CPARS). You need to understand what the CPARS is and what your rights are so you can monitor your past…more

Bid Protests, Contract Disputes Act, Court of Federal Claims, CPARS, Federal Contractors

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Benefit and Contribution Limits for 2018

The Commissioner of Internal Revenue announced the 2018 dollar limitations for benefits and contributions that apply to retirement plans. Some limits have increased while others remained the same…more

Benefit Plan Sponsors, Contribution Limits, Employee Benefits, IRS, Retirement Plan

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Legislative Solutions: 2017 North Carolina Legislative Recap

The North Carolina General Assembly is amidst its long session. Several pieces of health care legislation have been introduced, but most bills are in the beginning stages of the legislative process…more

Certificate of Need, Emergency Rooms, General Assembly, Nurses, Opioid

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2017 Highlights the Importance of State Law Compliance in the Firearms Industry

The firearms industry had a strong year in 2017 and will again kick off the new year with the Shooting, Hunting, Outdoor Trade Show (SHOT Show), the global trade show for all professionals involved with the shooting sports,…more

ATF, Firearms, Gun Laws, Private Letter Rulings

See all updates »

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