Ruberto Israel & Weiner PC / Massachusetts, Boston / Add to Shortlist

Ruberto Israel & Weiner PC

255 State Street 7th Floor Boston MA 02109, USA MA

Phone: +1 (617) 742 4200 Fax: +1 (617) 742 2355 www.riw.com

Firm Profile

Ruberto, Israel & Weiner is a well established business law firm based in Boston, providing legal services to a diverse client base throughout the region, across the U.S. and internationally. We combine the skills and resources often found in a larger firm with the accessibility and responsiveness a smaller more flexible firm structure provides. RIW represents all forms of business entities in a variety of industries, including technology, manufacturing, securities, banking and lending, retail, food and hospitality, construction, insurance, and commercial real estate.

Practice Overview

RIW represents all forms of business entities in a variety of industries, including technology, manufacturing, securities, banking and lending, retail, food and hospitality, construction, insurance, and commercial real estate.

Banking, Financing & Lending 

Ruberto, Israel & Weiner’s Banking, Finance & Lending practice is comprised of seasoned attorneys who understand the issues faced by major local, national and international banks, finance companies, as well as other financial institutions. The Banking group has consistently earned a stellar reputation throughout the Firm’s history of serving the banking industry.

The Firm’s work in finance, lending, workouts, restructuring and bankruptcy is substantially based in the New England area. We also perform services effectively throughout the country for nationally- based clients. Because of our level of experience in this area, we are able to staff our clients’ accounts with a minimum number of attorneys to reduce costs and provide for greater flexibility and coordination of legal services.

Asset-Based Lending
Werepresent asset-based lending departments of major financial institutions in the greater Boston area and act as counsel for several national asset-based lending institutions. The Firm has been involved in the creation and continuing operations of several finance companies, factors, and other secured lenders, and it has authored numerous sets of “form” documents for clients.

Term & Equipment Lending
We have considerable experience in term financing and equipment lines based on the value of fixed assets, including equipment, real estate and other tangible assets.

Real Estate Lending
In addition to our traditional real estate services for developers, investors and buyers and sellers of real estate, we serve lenders involved with commercial real estate loans, including acquisition, construction and traditional term lending.

Tranche B, Mezzanine and Unsecured Loans
We represent lenders making Tranche B, mezzanine, unsecured and partially secured loans to public and private companies with financing accommodations, such as letters of credit and bankers’ acceptances.

Participations & Agency Lending
We are involved in numerous transactions representing lenders on both a participation and syndication basis for asset-based, unsecured, secured and real estate loans.

Public Finance Transactions
RIW is listed in The Bond Buyer’s Municipal Marketplace and has acted as bond counsel, counsel to underwriters, trustees, issuers (public and quasi-public agencies), institutional borrowers, banks and other bond purchasers in public finance transactions.

Restructuring Finance Transactions
We handle loan workouts, liquidations, foreclosures, lender liability defense strategies and the renegotiation or forbearance of troubled loans.

Litigation
We represent creditors and debtors in state and federal courts regarding all areas of banking, lending and finance litigation.

Bankruptcy & Insolvency
We represent secured and unsecured creditors, landlords, and creditors’ committees in the United States Bankruptcy Court and handle strategic planning and representation of Chapter 11 and Chapter 7 matters on a national basis. The Firm also represents secured lenders in connection with debtor-in-possession financing.

General Banking Matters
We serve as general counsel to a regional savings bank, providing advice and guidance in regulatory matters, consumer, residential and commercial loan issues, conflicts involving commercial paper, and general corporate matters.

Commercial Real Estate 

Ruberto, Israel & Weiner’s Commercial Real Estate Group provides a wide range of legal services to individuals and companies engaging in commercial real estate transactions. Our clients represent a cross-section of industries and are based locally and nationally. We provide counsel to businesses at all stages of development — from emerging growth companies to established market leaders.

We are recognized by clients and peers alike for our straight-forward and flexible approach to executing deals that are in our clients’ best interests. The goal of our Commercial Real Estate team is to develop solutions that will maximize our clients’ profitability and accomplish their business objectives.

Real Estate Transactions
We provide planning and documentation for all types of real estate transactions, from acquisitions and developments to tax analyses, financing, new construction and sales.

Real Estate Issues
We resolve issues relating to zoning, the environment, land use permits, tax free exchanges and tax abatements.

Leases
We negotiate and document commercial and residential lease transactions for landlords and tenants.

Titles
We review title examinations, resolve title disputes, and issue title insurance policies.

Business Counsel
We advise and consult on business issues facing real estate owners, including marketing strategies.

Team
Our Commercial Real Estate team is well-versed in local, state and national real estate laws and highly knowledgeable of the market. We have dealt with diverse types of transactions and issues in all aspects of real estate ownership, maintenance and transferal. We build the right team of lawyers for each client’s unique circumstances. In so doing, we provide the expertise and value that our clients expect.

Clients
RIW represents businesses, developers, contractors, lending institutions, cooperative and condominium associations and individuals in all types of commercial real estate deals and issues. We have represented numerous individuals and entities in the purchase and sale of commercial properties and condominium conversions. We have also represented both buyers and sellers undertaking like-kind real estate exchange transactions. 

Construction Law 

Construction disputes can severely disrupt schedules and a project’s bottom line. Our Construction Law team assists in the resolution of disputes in a quick and efficient manner. When appropriate, we work to resolve disputes without litigation by employing mediation, arbitration, and other forms of alternative dispute resolution. Ruberto, Israel & Weiner’s Construction Law Group represents clients in all areas of the industry to help facilitate projects from inception to completion.

We are experienced in all areas of construction law, including:

Counseling on Construction
We routinely assist our construction industry clients in navigating the phases of their construction project – from contract formation through project close-out and final payment. We also assist in creating construction and development corporations, joint ventures, and limited liability companies.

Construction Claims
We have extensive experience in preparing, analyzing, defending and prosecuting a wide variety of construction claims, including contract balances, change order disputes, scope of work issues, lien claims, surety bond issues, delays, disruptions, and terminations. When disputes arise, we apply the most appropriate resolution technique, including litigation, to protect our clients’ interests.

Construction Contracts & Forms
We prepare and negotiate design and construction agreements for public and private projects, and work with major industry forms, including AIA and AGC. We advise our clients on best practices for streamlining and optimizing the administration of their projects.

Team
To address the wide variety of situations our construction industry clients encounter, our team draws on the strengths of both transactional and trial lawyers, all well-versed in the unique context of construction projects. Our attorneys are experienced in dealing with construction businesses’ corporate, finance, and real estate matters, and with issues related to the development, financing, sales and leasing aspects of construction projects.

Clients
We represent construction company owners, developers, general contractors, subcontractors, suppliers, sureties, and design professionals involved with both public and private projects. 

Corporate & Business 

Ruberto, Israel & Weiner’s Corporate & Business Group provides strategic counsel to clients from business formation through maturation, mergers & acquisitions, and exit strategies. Our business attorneys are highly regarded for their no-nonsense approach to getting deals done effectively, efficiently and with a focus on the client’s bottom line.

Business Organization
We assist with organization and entity planning, shareholder agreements, employment arrangements and ongoing corporate counseling.

Financing
We help clients secure critical financing via seed capital, venture financing, commercial loans, institutional debt placement and private placement securities offerings.

Mergers, Acquisitions & Reorganizations
We represent buyers and sellers in acquisitions and divestitures, including asset acquisitions and sales, mergers, tax free reorganizations, spin-offs and recapitalizations. We work with every company type from start-ups to established businesses. Our team has had tremendous success helping clients through the M&A process, especially with respect to tax issues.

Commercial Relationships
We advise and represent clients with respect to joint ventures and strategic alliances, manufacturing agreements, sales representative agreements, domestic and international distribution and dealership arrangements, franchising and other business agreements.

Employment Agreements
We counsel clients regarding employment, non-competition and confidentiality agreements, stock options, deferred compensation arrangements, stock and bonus plans.

Commercial Real Estate
Our attorneys plan and document all phases of real estate transactions, from acquisitions and development to tax analysis, financing, leasing, construction, zoning, title issues and sales.

Trademarks, Intellectual Property & Licensing
RIW provides guidance on domestic and international licensing, trade secret protection, copyrights, and trademark research and registration.

Business & Shareholder Disputes
We advise on avoidance or resolution of conflicts among owners of closely held companies as well as how to handle commercial disputes. Services include negotiation, advice on strategy and tactics as well as pre-litigation counseling

Commercial Litigation
We represent clients on matters in which litigation is necessary to resolve disputes, such as partnership and corporate break-ups, employment, finance and lending, and intellectual property.

Team
Our attorneys have extensive track records working with successful entrepreneurs, owners and management teams in industries ranging from high tech to hospitality. We understand and have strengths in negotiation, project management and working with multiple parties. In addition to notable legal expertise, the group’s attorneys possess Certified Public Accountant credentials, advanced degrees in taxation, and direct experience in business and entrepreneurial ventures.

Clients
The Corporate & Business Group provides services to companies in a wide range of industries, including manufacturing, technology and retail, food, and hospitality, among others. We service entrepreneurs and corporate entities throughout New England, across the U.S. and internationally. 

 Employment Law 

RIW’s Employment Law Group is a multi-disciplinary team of business and litigation lawyers focused on all aspects of the employer and employee relationship.

We take a practical and proactive approach to employment issues, providing counsel to prevent issues from becoming distracting problems and to resolve problems which do arise in a quick and efficient manner.

Employee Materials Review and Preparation
We review and prepare human resource documentation such as employee manuals and handbooks.

Regulatory Compliance and Guidance Training
We assist organizations with defining the employer-employee relationship and provide counseling, training, and seminars to ensure compliance with local, state and federal regulations.

Employment Agreements
We negotiate, draft and review employment agreements, including non-compete and confidentiality agreements.

Discrimination and Wrongful Termination Claims
We defend against a wide range of discrimination and wrongful termination claims, including sexual harassment, all forms of discrimination, including but not limited to age, handicap, sex, sexual orientation, martial status, racial and religious discrimination; and breach of contract.

Counseling
RIW provides practical advice on a variety of employment issues, including pre-termination strategies, wage and hour issues and the application of leave laws.

Wage & Hour Claims
We counsel companies with respect to complex state and federal wage and hour claims. We have successfully defended clients before state and federal courts in individual, collective & class actions.

Severance Packages
We counsel clients in the formulation and negotiation of severance packages.

Team
The insight and experience of our attorneys help clients avoid the many pitfalls associated with addressing employment and human resource issues. Our broad litigation experience allows us to effectively counsel clients on all available options so they can make informed choices regarding next steps. RIW has litigated cases in all forums, from the Massachusetts Commission Against Discrimination to state and federal trial and appellate courts. When appropriate and feasible, we utilize alternative dispute resolution, including mediation and arbitration.

Clients
Our clients span all sectors of the economy, from high tech and finance to construction and energy. We work with the human resource specialists of larger organizations and owners and managers of smaller companies. 

Intellectual Property - Trademarks & Copyrights

Ruberto, Israel & Weiner’s Trademark & Copyright Group is a multi-disciplinary team of corporate and litigation attorneys with knowledge, expertise and interest in the areas of trademark and copyright law. We focus on trademark, branding, and copyright counseling and strategic planning, trademark and copyright registration, maintenance, licensing, enforcement, negotiation and dispute resolution, and litigation services. Our trademark portfolio and client base are international, and our team is experienced in assisting clients with the registration and enforcement of their trademarks worldwide through our global network of associated firms. The group has a valuable perspective on the practical business issues involved in this area.

Trademark Services
  • Trademark and branding advice; trademark registration (including complex office action responses) and maintenance.
  • Licensing, assignments and other strategic agreements.
  • Enforcement of trademark rights through cease and desist letters, oppositions, cancellations, UDRP proceedings, state and federal lawsuits and defense of same.
  • Negotiation and settlement of trademark disputes.
  • International trademark advice, registration through foreign associates or the Madrid Protocol system, international trademark maintenance, foreign oppositions and other enforcement actions, and worldwide settlement agreements.

Copyright Services
  • Copyright advice and registration
  • Licensing and entertainment-related contracts for creative companies and individuals.
  • Enforcement of copyrights through cease and desist letters and federal lawsuits, negotiation and settlement of copyright disputes.

Our Lean Structure
Our team is headed by highly qualified and experienced lawyers who can quickly grasp critical legal and business issues. Our expertise combined with our lean “boutique” structure, allows us to provide effective advice quickly, and help you reach your business goals in a timely and cost-effective manner.

Industries Served
  • High Technology
  • Retail, Food & Hospitality
  • Manufacturing
  • Consulting
  • Communications
  • Music, Publishing, Art,
  • Film, Photography, and many others 

Litigation 

Success in litigation requires the right balance of negotiation, strategy, preparation and courtroom tenacity. Our litigation practice has extensive experience including the banking and securities industries, employment issues, complex commercial matters, intellectual property and construction disputes. Ruberto, Israel & Weiner’s litigators have a proven track record and hands-on experience in all aspects of effectively representing our clients.

Our attorneys have tremendous depth of experience consistently trying cases to conclusion in federal and state courts in multiple jurisdictions. Our trial experience includes both jury and non-jury trials as well as before administrative judges and regulatory bodies.

RIW attorneys are highly qualified to advise clients through detailed and practical cost/benefit analyses of the economic viability of cases. When appropriate, RIW will recommend alternative methods of resolving conflicts, such as arbitration or mediation settings. Our litigation team is adept at cost-effective management of both large, complex cases and less complicated matters.

Alternative Dispute Resolution
Where conditions allow, we minimize costs and potential business disruption by helping parties resolve business disputes through mediation, arbitration and mini-trials. Additionally, members of our team serve as mediators and arbitrators, providing greater depth and insight into the process.

Banking, Lending & Finance
We have represented banks and other lenders in all areas relating to banking, lending and finance litigation, such as lender liability claims, loan default litigation, and sub-prime lending issues.

Commercial Disputes
We represent clients in all aspects of general business litigation and real estate related litigation including partnership and corporate break-ups.

Construction
Our construction industry team offers expertise in all areas of construction law including the Miller Act, state public bid statutes, perfection of bond claims and mechanic’s liens, and breach of contract disputes. We pursue claims and defend owners, architects, developers, contractors, subcontractors, and suppliers on public and private construction projects.

Corporate & Professional Liability
RIW litigates claims of fraud, breach of contract, breach of fiduciary duty, unfair trade practices and fraudulent conveyances. We represent parties in malpractice cases involving accountants, attorneys, and other professionals.

Employment & Discrimination
We counsel employers in all areas of employment law including compliance with federal, state and local employment laws. Our attorneys defend claims for wrongful termination, violation of employment contracts, defamation, FLSA, discrimination, and wage and hour violations before state and federal courts, the Equal Employment Opportunity Commission (EEOC) and the Massachusetts Commission Against Discrimination (MCAD).

Securities
Our attorneys have extensive knowledge of the securities industry and its products, such as derivatives, commodities, options and mortgage backed securities. We provide skilled defense of regional and national firms and local broker-dealers against civil actions and regulatory complaints involving violations of state and federal securities laws, common law fraud, unsuitability and churning. We routinely make appearances in federal and state courts and before regulatory bodies such as the SEC, CFTC, FINRA, state securities regulators and various arbitration panels and mediators.

Technology & Intellectual Property
We represent clients in suits concerning technology business and intellectual property disputes, such as non-competition agreements, commercial contracts, licensing tademark, trade secret, copyright and patent infringement. 

Mergers & Acquisitions 

The Mergers & Acquisitions Group of Ruberto, Israel & Weiner is committed to closing deals when you need it and how you need it.

Our deep industry and legal experience allows us to identify, anticipate and respond to relevant third-party and other collateral issues before they become problems or compromise a deal.

We never lose sight of the ultimate goal — strategic, tax-efficient transactions closed on time and on budget.

Services
Ruberto, Israel & Weiner represents clients in acquisitions and divestitures, including mergers, tax-free reorganizations, spin-offs and recapitalizations. Recent transactions include the $175 million acquisition of RIW client, Harmonix Music Systems, Inc., by Viacom’s MTV Networks. For a full list of client transactions, please contact the firm.

Team
The M&A Group consists of highly experienced transactional lawyers, some of whom are certified public accountants or hold advanced degrees in taxation. For each transaction, we assemble a team led by an M&A partner with extensive relevant experience and supported by appropriate-level associates, paralegals, and administrative staff.

When a transaction demands specialized knowledge and skills, we draw on the abilities of attorneys from other practice areas, including Tax Law, Banking, Finance & Lending; Bankruptcy; Technology & Intellectual Property; Energy; Employment; and Litigation.

Clients
Our clients are based across the nation and around the globe. Many are innovators in manufacturing, service, and technology. Some are emerging companies intent on quick growth. Others are established businesses seeking to realize the value of their operations through divestiture. Regardless, they all share a common vision – to transform their organizations through smart, efficient transactions.

Retail, Food & Hospitality 

Ruberto, Israel & Weiner has provided legal services to retail, food and hospitality industry clients for close to 25 years. We understand the unique business challenges and legal concerns of these industries and the need for proactive planning and decisive action. Because of our experience, we can anticipate clients' requirements and guide them on operations and marketing, employee matters and other industry specific management processes.

RIW's retail, food and hospitality team is not only well-informed on significant industry issues, but also a participant in industry activities, including trade associations such as the Massachusetts Restaurant Association and the Massachusetts Lodging Association. We organize seminars and lectures; publish articles; and serve on boards of advisors for food, beverage, and hospitality industry companies. We are co-founder of "Restaurant Trends, " which provides an annual educational seminar for the restaurant industry, and we publish a quarterly newsletter for the industry entitled, "At Your Service." 

Services
We assist clients in the retail, food and hospitality industries in the following areas:
  • Organization and operation of corporations
  • Partnerships, joint ventures and limited liability companies
  • Merger and acquisitions
  • Employment and labor matters
  • Trademarks, copyrights, branding and licensing
  • Debt and equity financing transactions
  • Private placement securities transactions
  • Purchases, sales and leases of commercial real estate
  • Permitting and licensing
  • Taxation
  • Litigation and alternative dispute resolution
  • Business disputes and reorganizations
  • Workouts and bankruptcies
  • Succession planning

Our retail, food and hospitality clients range from start-ups and multi-unit enterprises to national chains and cover the spectrum of industry sectors, including:
  • Food and beverage manufacturing
  • Food/beverage distribution
  • Consumer and luxury goods
  • Pet merchandise
  • Pharmacies
  • Regional and national retail and restaurant chains
  • Fashion apparel
  • Resort hotels
  • Restaurant suppliers

Securities Law 

Since 1974, Ruberto, Israel & Weiner has represented broker-dealers in connection with customer complaints for alleged impropriety by brokers or management; as underwriters in claims for fraud in connection with public offerings and alleged failures to comply with state or federal regulations; and in disciplinary matters before the SEC, FINRA, and the Massachusetts Division of Securities.

Some of our more recent cases include:
  • Defended brokers and managers against allegations of market timing by the SEC. Awaiting Administrative Law Judge decision.
  • Successfully defended (after 21 day arbitration) broker, branch managers and compliance officers in claim by former customer for $18 million as the result of index option activity.
  • Successfully defended claim in Federal District Court involving claim under ERISA statute alleging substantial loss as a result of fraudulent representation by broker and firm relating to bond swaps on purchase of limited partnerships. Decision affirmed by the First Circuit and Certiorari to the U.S. Supreme Court denied.
  • Successfully defended a $19 million discrimination claim against broker dealer before NASD arbitration panel. Issues were whether firm violated state and federal age discrimination statues by demoting manager of institutional trading department and later terminating him.
  • Negotiated favorable settlement with Massachusetts Division of Securities resulting in withdrawal of complaint without any findings or wrongdoing.
  • Successful defense of lead underwriter in $70 million class action claim in Federal District Court by the preferred shareholders of a failed savings and loan institution. The major issue concerned the value of excess servicing rights reflected on the S&L’s financial statements which were incorporated in the offering circular. 

 Technology Business 

Ruberto, Israel & Weiner’s Technology Business Group is focused on information technology and high technology manufacturing.
  • Our attorneys understand the interaction between money, intellectual property and technology in a global marketplace.
  • We provide deep sector-specific knowledge of clients’ technologies, business practices, intellectual property assets, and transactions.
  • We efficiently execute sophisticated and complex technology sector deals.

Industries Served
Our firm represents clients that provide technology products and services. RIW represents emerging technology companies as well as established players expanding into new technologies.

Specific industry segments include:
  • Business software, such as infrastructure, financial software, Internet, open source and communications products
  • IT services, including web businesses and software-as-a-service (or “SaaS”) vendors
  • Silicon products, including semiconductors, ASICs and MEMS
  • Consumer software and content, including music products and games
  • Communications technology companies
  • High tech materials 

Technology Transaction Types
We handle critical domestic and international transactions for technology businesses ranging from start-ups to publicly-traded companies. They include both American and foreign businesses.
  • Licensing and technology transfer
  • Customer, reseller, VAR and OEM agreements
  • Development agreements
  • Technology acquisitions and transfers
  • Outsourcing agreements
  • Internet and mobile distribution deals
  • Patent, copyright and trademark licensing
  • Open source licensing
  • International distribution arrangements
  • Strategic alliances and joint ventures
  • Multimedia, entertainment and game deals
  • Content acquisition and licensing

Technology M&A
RIW does technology merger and acquisition deals. For example, we recently handled:
  • The sale of an open source vendor to Oracle
  • The sale of an employment software company
  • The purchase of a mobile music distribution company
  • The intellectual property aspects of a $350 million technology company division sale to a foreign buyer
  • The $175 million sale of Harmonix Music Systems to Viacom’s MTV Networks

Strategic Guidance
We provide advice and guidance on all legal aspects of:
  • Distribution strategies
  • Branding strategies
  • Technology and intellectual property strategies

Additional Services for Technology Companies
Our services for technology companies also include:

Company Formation
  • Incorporation, tax strategy, capital structure, shareholder agreements
  • Formation and operation of US-based subsidiaries of foreign companies

Financing Transactions
  • Seed capital, angel and venture financing, commercial loans, private placements, securities offerings, employee stock and ownership plans

Employment
  • Employment law generally, employee agreements, option plans and other equity compensation plans
  • Trademark, Brand Strategies and Copyrights
  • Trademark registration services, including US federal registration
  • Foreign trademark services
  • Management of global trademark portfolios
  • Copyright registration

Litigation
  • Civil litigation issues, including trade secret matters, copyright and trademark infringements, contract disputes, and non-competition and confidentiality agreements.

Trusts and Estates

Ruberto, Israel & Weiner's Trusts and Estates practice focuses on helping our clients create a wealth transfer plan that will ultimately preserve and transfer their business and personal wealth to future generations in a harmonious, tax-efficient manner. Our Trusts and Estates attorneys are known for formulating creative, practical solutions to complex estate and business succession planning issues that achieve our clients' estate and tax minimization planning objectives. We do this by establishing strong relationships with our clients so that we can gather the information we need to develop a highly customized solution for each client's unique situation. We enhance our customized approach by working as a team with our clients' other advisors, to obtain efficient and cost effective results in a holistic fashion.

Services
Estate and Gift Planning -- We have extensive experience in designing, drafting and implementing the following:
  • Wills
  • Revocable Trusts
  • Durable Powers of Attorney
  • Health Care Proxies
  • HIPAA Releases
  • Life Insurance Trusts
  • Generation Skipping Trusts
  • Grantor Retained Annuity Trusts (GRATs)
  • Qualified Personal Residence Trusts (QPRTs)
  • Charitable Trusts
  • Private Foundations
  • Trusts for Minor Children
  • Grantor Trusts

Estate and Trust Administration - Working together with outside investment managers, we serve as fiduciary for estates and trusts or, alternatively, we counsel individual and institutional fiduciaries serving as executors and trustees with respect to the following:
  • Probate
  • Funding of Trusts
  • Estate and Gift Tax Return Preparation
  • Trust Administration

Team
Our team of Trusts and Estates attorneys possesses the level of experience and sophistication on all aspects of estate planning and administration necessary to successfully guide our clients and their families through the estate planning process in plain English. Most attorneys in the group have obtained Masters of Law Degrees in Taxation and are often sought after to speak on estate planning topics for attorney continuing education seminars, charitable organizations, and others.

The tax and business law backgrounds of our team members make us especially well qualified to work with closely held business owners, executives and entrepreneurs. We understand the complex business and tax implications inherent in building an estate plan for these individuals, and we work with Ruberto Israel & Weiner's corporate and business lawyers to structure comprehensive business succession plans and/or buy-sell arrangements that will ensure a smooth business transition. Our approach also focuses on minimizing the family's overall estate and income tax burdens. At the conclusion of the initial phase of the planning process, our clients have achieved peace of mind from knowing that they have successfully addressed these multi-faceted issues.

Clients
We represent individuals, closely-held business owners, entrepreneurs and corporate executives. We also represent individuals and corporate entities in their role as fiduciary.
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