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Jenny Wigley wins council tax case on student accommodation

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Is it Class M or Class N that applies to student flats?

The Valuation Tribunal has dismissed appeals by a student accommodation provider seeking ‘Class M’ exemptions from council tax for all its self-contained student flats in Leicester.

The obvious benefit of ‘Class M’ is that the exemption endures during periods when the accommodation is not leased by students, for example during vacations where it might be let out to tourists or to conference delegates.  Ordinarily an exemption under Class N does not apply during such periods.

The argument in the case centred around the meaning of the term ‘hall of residence’.  The Tribunal accepted the argument made on behalf of Leicester City Council that for the exemption to apply, the accommodation had to meet the condition of ‘comprising a hall of residence’.  The Tribunal determined that a ‘hall of residence’ implies something greater than a single self-contained flat.  Accordingly, the appeals were dismissed and the Class M exemption was held not to apply.

Jenny Wigley represented Leicester City Council.

The post Jenny Wigley wins council tax case on student accommodation appeared first on The Lawyer | Legal News and Jobs | Advancing the business of law.


Austria: Schoenherr advises Atos on acquisition

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Schoenherr has advised French IT service provider Atos SE on the planned acquisition of Siemens Convergence Creators. TIn addition to advising Atos in Austria, Schoenherr provided local law advice in Romania and Croatia.

The Schoenherr team advising Atos was led by Florian Kusznier (partner, Vienna; corporate/m&a), who was supported by Julia Wasserburger (attorney at law, Vienna; corporate/m&a); Arzu-Sema Cakmak (associate, Vienna; corporate/m&a); Madalina Neagu (partner, Bucharest; corporate/m&a); George Ivan (attorney at law, Bucharest; corporate/m&a); Dina Vlahov-Buhin (attorney at law, Zagreb; corporate/m&a); and Ivan Einwalter (attorney at law, Zagreb; corporate/m&a).

Lead counsel to Atos was a Gleiss Lutz team headed by Dr. Thomas Menke (partner) and Dr. Marc Seeger (both corporate/M&A, both Düsseldorf). Siemens AG was represented by Hengeler Müller.

The post Austria: Schoenherr advises Atos on acquisition appeared first on The Lawyer | Legal News and Jobs | Advancing the business of law.

Shoosmiths at private investors, IFAs and wealth managers event

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VCT and EIS experts at Shoosmiths are to impart their knowledge at the UK’s ‘must attend’ event for private investors, IFAs and wealth managers interested in tax-efficient investing, next month.

The award-winning VCT & EIS Investor Forum, takes place on 24 November at the Grange Tower Bridge Hotel. Now in its eighth year, it is the only live event in the UK focused on bringing hundreds of private investors and IFAs to meet the VCT and EIS fund management community on one day and in one place.

The post Shoosmiths at private investors, IFAs and wealth managers event appeared first on The Lawyer | Legal News and Jobs | Advancing the business of law.

Providing Emmaus Potteries with pro bono advice

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Specialist Real Estate lawyers at Walker Morris have provided free legal advice, as part of Walker Morris’ ongoing pro bono programme, to Emmaus, a charity that supports people who have experienced homelessness. Walker Morris assisted Emmaus Potteries with the real estate aspects of its acquisition of the assets of Furniture Mine, a recycling charity based in Staffordshire, with assets that included the charity’s main warehouse store in Stoke-on-Trent.

Adam Reed led the Walker Morris Real Estate Team supporting Emmaus Potteries, working alongside Fried Frank who handled the corporate aspect of the deal.

The post Providing Emmaus Potteries with pro bono advice appeared first on The Lawyer | Legal News and Jobs | Advancing the business of law.

Wolf Thiess advises banks on AGIC recapitalisation

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Wolf Theiss advised the bank group consisting of UniCredit, RBI, NLB and SKB BANKA in the recapitalisation of AGIC and its subsidiary, Fotona (Slovenia, USA) in a refinancing.

Asia-Germany AGIC Capital is an Asian-European private equity investor focused on industrial technology companies in the European and North American mid-market which acquired Fotona, a U.S. and Slovenia based developer of high-tech laser systems and components, primarily used in medicine, aesthetics, surgery, gynecology, and dentistry.

The post Wolf Thiess advises banks on AGIC recapitalisation appeared first on The Lawyer | Legal News and Jobs | Advancing the business of law.

Karanović & Nikolić launches The Academy

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The Academy is a comprehensive educational programme meant for the internal training and development of both legal and non-legal professionals. With some of the most experienced and talented lawyers, HR and soft skills experts in the region as lecturers, The Academy includes a series of workshops and trainings aimed at further honing the legal, business, communicational and commercial skills that Karanović & Nikolić is renowned for.

The post Karanović & Nikolić launches The Academy appeared first on The Lawyer | Legal News and Jobs | Advancing the business of law.

The first female-led transatlantic merger is great news for gender diversity

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The Berwin Leighton Paisner-Bryan Cave merger, should it eventually go through, would make a little bit of history. It would be the first major transatlantic merger steered through with two women at the helm.

In the UK, Lisa Mayhew has been navigating tricky waters since succeeding Neville Eisenberg in 2015, with BLP seeking to maintain its position as a big player and in need of a US merger to take it to the next level. Over in the States, Therese Pritchard has led Bryan Cave since 2014.

The two have common ground in their interest in diversity. Mayhew has been vocal about diversity within law and was a key figure behind BLP’s move to set a target of achieving a 30 per cent female partnership by 2018.

Meanwhile, Pritchard has previously spoken about the time a man got promotion ahead of her and she was told that it was because he had a family to support – even though she had a husband and child as well. Her firm made the decision to focus on diversity as one of its three strategic priorities in 2015, with the aim of appointing many more women in leadership roles.

Though at partner level the US firm is still more Bryan than Bryony, it has made progress bringing other women through the ranks. The firm does especially well on the gender front in London, headed up by Carol Osborne. Five of the 13 London partners are female (38 per cent), though at one point that figure was eight of 16. Having female leaders at the firm “definitely makes a difference. Whether it’s lawyers’ colour, women, LGBT – it’s important for young lawyers to see someone at the firm who looks like them,” Osborne told The Lawyer earlier this year.

Five other Bryan Cave offices have female managing partners – Dallas, Hong Kong, Irvine, St Louis and Washington DC.

Overall though, BLP beats its American suitor for female representation. Nearly 27 per cent of the partnership is female, compared to 21 per cent at Bryan Cave (more or less the average for a US firm).

At associate level BLP is 59 per cent female, while at Bryan Cave the male:female ratio is almost exactly 50:50.

The merger would scupper BLP’s 2018 goal for a 30 per cent female partnership – but in terms of the gender diversity long game, the two firms look to be a cultural match.

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Latham loses former Carlyle in-houser to Linklaters

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Linklaters has strengthened its ties to the Carlyle Group after hiring former in-house lawyer and Latham & Watkins partner Tom Alabaster.

Alabaster joins Linklaters after three years at the US firm, which he joined in 2014 from Carlyle’s New York office. He relocated to the City after working as a senior counsel at Carlyle.

His arrival formed part of an effort at Latham to cement its ties with Carlyle in Europe.

In 2013, the firm had hired Clifford Chance global private equity chief David Walker, who had been Carlyle’s primary adviser in the UK.

Latham then went on to hire up-and-coming private equity partners Tom Evans and Kem Ihenacho from the magic circle firm.

Alabaster will join Linklaters’ investment management group as a partner and has also held private practice roles at Debevoise & Plimpton and Slaughter and May.

In London, Linklaters’ investment management group consists of five partners.

Alabaster will advise investment fund sponsors and investors on deals in Europe, particularly focusing on US institutions operating in Europe, Asia and the Middle East.

The post Latham loses former Carlyle in-houser to Linklaters appeared first on The Lawyer | Legal News and Jobs | Advancing the business of law.


Pinsent Masons pilots new TMT consultancy practice

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Pinsent Masons is piloting a new TMT-focused consultancy practice aimed at improving clients goals and changes with technology.

The consultancy, named Alevra, is designed to provide a clear strategy to clients wishing to start a tech-driven business transformation.

While not yet fully launched, Alevra has already been tested with a number of the firm’s existing clients.

A five-strong team is overseeing Alevra’s operations, led by TMT partner Clare Murray. Murray is supported by two ‘delivery directors’, Chris Green and Mark Hunt, and two ‘associates’, ex-NASA mission planner Doug Fain and Jackie Hewitt.

Murray is the only lawyer involved in the leadership of Alevra.

Speaking to The Lawyer, Murray said: “For decades, we’ve been working with clients who are embarking on high-profile and cutting-edge projects. We’ve seen these programmes fail time and time again.

“Statistics show they run late, deliver less than promise and cost more than predicted. My background is working with clients on those faltering projects to make them work.”

Alevra’s three-step system of planning, assuring and delivery is designed to help clients through each step of the development.

The service is not strictly UK-focused, but has been tested with several UK-headquartered clients who have “a global reach”.

Murray said: “Failure of a transformational technology programme is simply not an option in most organisations – the stakes are simply too high.

“Often our clients have benefited from the legal expertise that Pinsent Masons delivers when a programme encounters difficulties; however the Alevra pilot offers clients the opportunity to work with our team from inception through to implementation to reduce the risk of reaching that point.”

Pinsent Masons has long been an adopter of consultancy and business services practice to supplement its primary revenue streams.

The firm launched its flexible resourcing business Vario in 2013, which has gone to expand in Australia with the target of 50 to 80 lawyers in the country by April 2018.

Vario and Alevra will be working closely in order to fulfil client demand.

It launched cloud-based compliance venture Cerico in the same year with Glasgow-based technology company Campbell Nash in the same year, but acquired the majority stake of the company two years later.

Earlier this year, the firm acquired a 20 per cent stake in ‘New Law’ start-up Yuzu and acquired Brook Graham to “turbocharge” its diversity push.

The post Pinsent Masons pilots new TMT consultancy practice appeared first on The Lawyer | Legal News and Jobs | Advancing the business of law.

The 60 second interview: The sweet spot of in-house commercial awareness

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GSK European consumer healthcare head of legal Neil Laventure talks about the strategic role of in-house lawyers and how to develop commercial awareness ahead of his panel session at The Lawyer’s In-house Counsel as Business Partner 2017.

How can in-house lawyers and private-practice best work together to drive efficiency and deliver value?

Without a doubt, the best way is to create win-win relationships from the outset and we try and do that by creating financial terms for the engagement that does not pit client versus law firm.

We think that the billable hour is not the best way to agree fees for larger projects. External lawyers are supposed to be our zealous advocates.

Yet, for a long time, we have compensated them in a way that creates a semi-conflict of interest in the way that the firm handles the matter. The longer it takes, the better. The more tortured, the better. The more documents to review, the better. That does not sound terribly efficient or a good partnership. Of course I am not saying that law firms do anything intentionally to ramp up bills. But the inherent bias is there.

At GSK, we think there is a better way. Create a flat fee, value based payment for the work and (if appropriate) include a success fee for an outstanding result. Firm and client are completely aligned. Good value is provided. Relationship is repaired. Trust is restored. It is fundamental to a good relationship and a good result for all.

What should the balance be between focusing on developing your commercial awareness and focusing on developing your legal skills be?

Both are important, clearly. Good business knowledge- i.e. a strong understanding of business objectives and the surrounding business context – is vital because it shapes the way good in-house lawyers assess risk.

I think it’s really important get to know the drivers of the business successes and failures, so that we can advise in the most relevant, practical way. Spending huge amounts of time arguing over a point which doesn’t really matter to the business isn’t just a waste of time, it annoys people. Likewise if we don’t understand the business, we might miss something important when we are immersed in the detail.

Developing technical skills is of course fundamental, but if you can layer strong commercial awareness on top of that, then you can hit the sweet spot of providing well-judged, practical, concise advice using the same language as your internal clients, and you will become a trusted adviser even beyond the pure legal issues.

How can in-house lawyers be more strategic in their role?

In-house lawyers need to apply flexibility, creativity, diplomatic skill and a spirit of collaboration to identify viable options that address the concerns of stakeholders and to define a clear action plan for implementation of agreed solutions.

Being more strategic means thinking longer term and not just fire-fighting from one day to the next. Thinking ahead and planning for the future can save you time in the long run.

So we need to think ahead and plan for different outcomes, but be prepared to react quickly and change tack if necessary. I think in-house lawyers are naturally good at analysing longer term risks when we have the time to do so, so we can definitely add value in that context at a leadership team level.

The challenge is to think about legal strategies to create opportunities as well, and add a measurable value to the business success.

You are speaking at In-house Counsel as Business Partner on the 6-7 November: how would you describe the event in 3 words?

Networking, learning, innovation

If you hadn’t become a lawyer, what do you think you might have done instead?

I love working in-house and being a part of the success of a business, so maybe I could have gone into a commercial or business development role. In my dreams I’d be a golfer or cyclist!

The post The 60 second interview: The sweet spot of in-house commercial awareness appeared first on The Lawyer | Legal News and Jobs | Advancing the business of law.

Recognition from IFLR1000

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IFLR1000 has published its 2018 rankings and Conyers has maintained a leading position across several practice categories and has experienced a 33% increase in the number of ranked lawyers.

IFLR1000 cited the Firm’s work on a number of capital markets transactions, in particular Myovant Sciences’ US$218 million IPO, as well as its strengths in M&A, noting the involvement in the US$4.4 billion privatisation of Dalian Wanda Commercial Properties, which was the largest privatisation for a Hong Kong group. Conyers was also recognised for its work in insurance, aviation, shipping and investment funds.

The post Recognition from IFLR1000 appeared first on The Lawyer | Legal News and Jobs | Advancing the business of law.

Stuart Young joins WLG board

Gavin Ferguson sworn as Guernsey Notary Public

Schoenherr advises Accuron on acquisition of mechatronic systemtechnik

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Schoenherr has advised Accuron Technologies Limited (“Accuron Group”), owned by Temasek Holdings, Singapore, on the acquisition of mechatronic systemtechnik GmbH (“mechatronic systemtechnik”) from Danube Equity, a Voest Alpine group company and Fidura, a German private equity fund.

Schoenherr advised Accuron Group on all legal aspects of the M&A transaction through the successful closing.

The Schoenherr team advising Accuron Group was jointly led by Christian Herbst and Florian Kusznier (partners, corporate/m&a), who were supported by Maximilian Lang (counsel, corporate/m&a), Julia Wasserburger (attorney at law, corporate/m&a), Alexander Mazevski (associate, corporate/m&a), Adolf Zemann (attorney at law, ip, it & life sciences), Teresa Waidmann (associate, labour & employment), and Volker Weiss (partner, eu & competition).

The post Schoenherr advises Accuron on acquisition of mechatronic systemtechnik appeared first on The Lawyer | Legal News and Jobs | Advancing the business of law.

Vischer advises Syngenta on divestment of sugar beet seeds business

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VIischer advised Syngenta on all aspects of Swiss law in its divestment of the global sugar beet seeds business. Syngenta is one of the largest agrichemical groups worldwide.

The following team advised Syngenta in this transaction: Robert Bernet (Partner, Corporate/M&A), Nadia Tarolli (Partner, Tax), Moritz Jäggy (Senior Associate, Corporate/M&A), Ruben Masar (Associate, Corporate/M&A), Florian Schaub (Associate, Employment), Adrian Briner (Associate, Tax).

The post Vischer advises Syngenta on divestment of sugar beet seeds business appeared first on The Lawyer | Legal News and Jobs | Advancing the business of law.


Total Capital funds MBO of logistics specialist Walkers

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Walker Morris corporate lawyers reinforce equity backed MBO expertise

Walker Morris has advised Total Capital Partners on its funding of the MBO of Walkers Transport, a leading UK based transport and logistics specialist. The deal values the business at £20m.

Based in the North of England with logistics centres in Leeds, Birstall and Manchester, Walkers Transport carries ambient, non-hazardous, palletised goods for a broad range of manufacturers, retailers, wholesalers and distributors.

The post Total Capital funds MBO of logistics specialist Walkers appeared first on The Lawyer | Legal News and Jobs | Advancing the business of law.

Black History Month: “Don’t let having to be a BAME trailblazer faze you”

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In the latest in The Lawyer’s series for Black History Month, Esi Eshun, deputy head of legal at UK Export Finance, talks about her career so far.

What’s your background? Did you always want to be a lawyer and how did you first enter the profession?

I have a true science background and early on I considered a career creating neural networks (thinking computers), then onto a Geological Sciences Degree and Masters focussing on seismology. Then, at some point, I sat down and listed the things I thought I was good at and the things I enjoyed doing; I wanted a career that meant I could do as many of those things as possible. Law won.

When you were first attempting to enter the legal profession, did you feel any sense of trepidation because of the reputation of the profession as white and middle class? What were your preconceptions and how did they compare to the reality of practice?

My attitude has always been to see anything that looks or smells like a barrier as a challenge. So yes, becoming a lawyer at a City Law firm felt like a challenge. People are more comfortable with what they know, and I felt that my background would be unfamiliar to some of the people I would be working with, so I entered the profession determined to change that. 

Have you ever felt that your background has hindered you in any way?

I attended state schools in south east London with stretched teachers and very large classes – tick. I am of BAME background – tick. I am a woman – tick.

But then I won an assisted place at an independent sixth form, I gained a degree from Oxford University, I trained and qualified at a City law firm and I am now a Deputy Head of Legal of a central governmental department.

So, a hindrance, a career driver or motivation to seize opportunities? – I am still working that one out. 

I do think that if you are by far the minority in any situation, whether you like it or not, you are the one who gets to set people’s perception. The reality of this part of human nature should not be ignored. I have always felt, as have many other successful people from a BAME background, the pressure of having to overturn stereotypes or set perceptions because so few have gone before me.

Tell us a little bit about your role now, and how you got there…

After Simmons & Simmons, I joined UK Export Finance in 2009, became a team leader in the legal division in 2016 and have been Deputy Head of Legal since April 2017.

UK Export Finance, as the UK’s export credit agency and an integral part of the strategy and operations of the Department for International Trade, provides assistance and support to UK exporters and investors. In my role, I see and advise on the full range of UK Export Finance’s products and policies and support many UK Export Finance and Department for International Trade initiatives. 

I can be providing comments on documentation to external parties, discussing transaction structures with legal colleagues, having commercial or policy points bounced off me by internal clients and dialling into cross-government group discussions, all within a single hour of the day. Variety is a prominent feature of my job and I like it that way. 

What advice would you give to (a) students attempting to enter the profession and (b) young lawyers from a BAME background?

We all know that the legal profession is one of the more competitive, so I would advise students to think about what they want their future employers to take away from reading about them, meeting them and working with them – be specific and narrow down the list to a manageable length. Then try to make everything you write and do reinforce that view. Shop around and find out as much as possible about the different legal areas, roles and employers – there is a wide variety out there and there will be somewhere to match the legal position you want.

For young lawyers from a BAME background, if you can find someone who has come from and been through something similar to you, take every opportunity to access any guidance that is available. If you can’t find anyone, don’t let having to be a bit of a trailblazer faze you. Embrace your background and use that knowledge and experience to approach your tasks in your own way and believe that your background will be useful to your career. Support can come from many places and try to recognise and seize that support whenever it appears.

Do you have a legal role model? What’s the most valuable lesson they ever taught you?

I think the most valuable lesson taught to me by a former supervisor is to recognise the potential that can be born of differences in people, especially those differences that depart from the attributes that you initially think people should have for a role or a specific piece of work. Over the years people have then reinforced that lesson to me by bringing many new suggestions to the legal issues that had been deliberated in the same way in the past. 

Clients are now increasingly demanding diversity of their law firms. What are your own feelings on this? Is it a fair thing to ask of firms and will it reap rewards?

I think that it is good to listen to what clients are asking for. I think that diversity in background is going to lead to diversity in approach which then leads to diversity in the solutions that are found. If everyone thought in the same way and acted in the same way then very little would change. I think that clients are asking firms to have initiatives in place to enable the firms to evolve in the same way as the clients’ own customer bases, and produce the innovations that may come along with that. If law firms are not asking that of themselves enough, then I think it is fair for their clients to do so.

The post Black History Month: “Don’t let having to be a BAME trailblazer faze you” appeared first on The Lawyer | Legal News and Jobs | Advancing the business of law.

Ogier partner to review legal professional privilege developments at symposium

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A year of developments in the area of legal professional privilege in the context of criminal and regulatory investigations will be reviewed by Ogier partner Nick Williams at the 13th Annual Compliance and Economic Crime Symposium on Tuesday.

Nick – who co-heads Ogier’s cross-jurisdictional regulatory team – joins representatives from Europol, the Serious Fraud Office (SFO), City firm Clifford Chance and the States of Jersey at the all-day event at Hotel de France.

The post Ogier partner to review legal professional privilege developments at symposium appeared first on The Lawyer | Legal News and Jobs | Advancing the business of law.

Serjeants’ Inn welcomes Ian Skelt

“A miserable dungeon”: What clients really think of your offices

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In-house counsel have described DAC Beachcroft’s meeting rooms as “a miserable dungeon”, as part of an attitudinal survey on workspace carried out by The Lawyer. 

The survey, compiled for The Lawyer Workspace Trends report, released on Monday (6 November), asked in-house counsel for their views on which firms had the best and worst client facilities.

CMS Nabarro Olswang’s state-of-the-art offices in Cannon Place divided opinion, with some describing them as similar to a five-star hotel and others saying it was a “very odd building”.

“There is no obvious place to go when you arrive, there is just a big space with a desk offset in the middle, while there seems to be lots of staff wandering around but none seem keen to welcome/help you,” mused a third respondent of CMS.

Sweet treats proved to be a good way to getting the clients on side, with White & Case’s freshly-baked biscuits and Slaughter and May’s Jelly Babies on reception both being picked out.

In-house counsel also love a good view. Clifford Chance, Norton Rose Fulbright and Reed Smith were all cited for their offices’ vistas, although one of the respondents who said Clifford Chance’s views were good also noted the firm’s Canary Wharf base is “slightly painful to get to”.

In contrast, DAC Beachcroft’s Fetter Lane offices did not get a positive review. Meanwhile Clyde & Co’s lift system is confusing one of the firm’s clients, who said it was “daft”.

A significant minority of clients also see the rise in open plan law firms as a concern, raising potential issues over confidentiality.

The survey showed that almost a third of in-house counsel are worried that client confidentiality is at risk when their external advisers work in open plan offices.

Respondents said working in an open plan space distracted staff and detracted from the confidential nature of many lawyers’ work.

However clients were much more welcoming of the rise in flexible working, with the overwhelming majority (88 per cent) saying their lawyers should be able to work in an agile way – provided they were still able to give timely and consistent advice.

The Lawyer Workspace Trends report is one of five reports in the UK 200 series. To purchase any of these reports please contact either Gilberto Esgaio on +44 207 970 4191 or gilberto.esgaio@centaurmedia.com, or Letitia Austin on +44 207 970 4662 or letitia.austin@centaurmedia.com.

The post “A miserable dungeon”: What clients really think of your offices appeared first on The Lawyer | Legal News and Jobs | Advancing the business of law.

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