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Employment Law
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Blog
2018
April
EEOC: Demeaning Female Employees in Front of Co-Workers is Sexual Harassment
2nd Circuit Clarifies Liquidated Damages are Not "Cumulative" in Wage-Hour Cases
Is Taking a 15-Minute Break Considered Medical "Leave" Under Federal Law?
Can a Civil Servant be Fired for Sexual Harassment?
Does Favoring College Graduates in Hiring Constitute "Age Discrimination"?
Does the Law Protect Me if I Speak Up on Behalf of a Co-Worker?
Can an Employer Force Me to Undergo a Psychological Evaluation as Part of the Hiring Process?
Is it Illegal for a Workplace Policy to Have a Disparate Impact on Female Employees?
Will New York City Give Workers the “Right to Disconnect”?
March
Do Anti-Hispanic Statements Constitute “Racial” Discrimination?
When is Alcoholism Classified as a Legal “Disability”?
NYC to Require Employers Accommodate Requests for “Temporary” Employee Schedule Changes
Can an Employment Agency Refuse to Refer a Worker Due to Age?
Will New York Eliminate the “Tip Credit” for Servers?
Long Island Diner Owner, Manager Plead Guilty to Criminal Wage Theft Charges
How Much can I Actually Win in a Sexual Harassment Case?
Are Hospitals Founded by Religious Groups Exempt from Employment Discrimination Laws?
Is “Not Fitting in” Actually a Pretext for Discrimination?
Can My Employer Refuse to Assign Me Work Because of My Pregnancy?
Did an Upstate College Illegally Fire a Campus Doctor for Treating Transgender Students?
N.Y. Court Rules Federal Sex Discrimination Law Covers Sexual Orientation
Does My Disability Make Me a “Direct Threat” to Workplace Safety?
February
Does Union Arbitration Prevent Me From Suing My Employer for Discrimination?
How do I Know I am Being Paid the Minimum Wage?
Can My Employer Use a Disciplinary Hearing to Justify Discrimination?
NY Attorney General Sues Weinstein Company for "Pattern" of Sexual Harassment
Why You Need to Exercise Caution Before Signing a "Severance Letter"
Employment Attorney Mahir Nisar to Attend United Nations Event for Gender Equality
Trump Administration Clarifies Law Regarding Classification of Unpaid Interns
Does Filing a Lawsuit Make Me Mentally Unfit to Hold a Job?
NYC Agrees to Delay Enforcement of Employee Contributions Law
Sexual Harassment is a Major Problem for New York's “Gig Economy” Workers
January
Does a Union Referral Create an Employment Relationship?
NYC Expands Definition of “Sexual Orientation” for Employment Discrimination Purposes
FAQs for Employees About New York's New Paid Leave Law
Can My Ex-Boss Badmouth Me if I Signed a Confidentiality Agreement?
Employment Discrimination and "Essential" Job Functions
How Tip Credits Affect the Rights of NY Restaurant Workers
How "Administrative Exhaustion" Affects Your Employment Discrimination Claim
Surveys Show Sex Discrimination Remains a Major Problem for Women
Do Targeted Job Ads Violate Age Discrimination Laws?
Will the New Tax Legislation Affect My Employment Status?
FDNY Faces New Race Discrimination Allegations
When can a Potential Employer Use Your Criminal Record Against You?
NY Courts are Not Sympathetic to Self-Represented Discrimination Plaintiffs
Is My Employer Liable if Customers Harass Me?
2017
December
The Legal Aftermath of the Sexual Harassment Scandals
What are My Rights as a Pregnant Employee in New York City?
New York Federal Reserve Accused of Race Discrimination
Can an Email Exchange Create a Binding Employment Agreement in New York?
EEOC Settles Pregnancy Discrimination Claim With NYC Employer
Why You Should Always Read (and Understand) an Employment Agreement Before Signing
Does Filing an Administrative Complaint Affect My Rights to Sue for Race Discrimination?
When is My Employer Liable for a Coworker Sexually Harassing Me?
New York Court of Appeals Broadens Scope of Punitive Damages Under NYC Anti-Discrimination Law
Does Working on Salary Mean I am Not Entitled to Overtime?
Can I Sue for Retaliatory Acts Other Than Getting Fired?
November
When Sex Toys are Tools of Sexual Harassment
New York State Issues New Regulations for "On-Call" Employee Scheduling
Separating Interns From Employees Under New York Labor Law
New York Law Permits "Sealing" of Criminal Records From Potential Employers
Bronx Court Upholds Multi-Million Dollar Pregnancy Discrimination Verdict
Judge Rules Port Authority Cannot Force Police Officers to Take Annual Medical Exams
Can I Reject a Job Transfer as an Unreasonable Accommodation Under Disability Law?
Long Island Bar Accused of LGBTQ-based Harassment
NY Court of Appeals Holds "Perceived" Alcoholism is Not a Disability Under NYC Law
Weinstein Scandal Brings Renewed Attention to Sexual Harassment in New York
October
NYC Poised to Require Sick Leave for Domestic Violence Victims
Will "No-Tipping" Trend Hurt New York's Restaurant Servers?
NYC Ban on Salary History Inquiries Takes Effect on October 31
21st Century Fox Faces New Allegations of Sexual Harassment and Violence
When is Withdrawing a Job Offer Considered "Retaliation"?
Can My Employer Retaliate Against Me After I am Fired?
Can My Boss Fire Me if She Thinks I am "Ready to Retire"?
Will the Supreme Court Exempt Auto Dealer Service Advisors from Overtime Law?
How Can My Employer Refute My Discrimination Complaint?
Federal Government Sues Con Ed for Disability, Genetic Information Discrimination
When Am I Protected From Retaliation for Reporting Wrongdoing?
Will Signing a Severance Agreement Waive My Right to Sue for Illegal Discrimination?
Dealing With Sexual Harassment in Family-Owned Businesses
September
New York Employers Prefer Arbitration Until it Goes Against Them
NYC Clinic Faces Trial Over Failure to Provide Software, Training to Legally Blind Employee
University of Rochester Accused of Failing to Stop Professor's Sexual Harassment
How Will New York's New Paid Family Leave Law Affect Me?
Can My Employer Force Me to Choose Between My Spouse and My Job?
Can My Employer Favor a Less-Qualified Candidate Over Me for a Work Assignment?
Trump Administration Suspends EEOC Collection of Pay Discrimination Data
Can My Employer Prevent Me From Discussing My Salary With Coworkers?
NY Court Dismisses Sex Discrimination Case Against Ex-West Point Commanders
Tennis Regulator Faces New Charges of Racial Discrimination
Do I Have to Tell My Employer I Have a Disability?
Can My Boss Fire Me Because the Company Wants to "Get Younger"?
Can I Lose My Job for Attending a Political Rally?
August
Can New York Employers Refuse to Hire Obese Employees?
Federal Court Overturns Long Island Town's Ban on Day Laborers
Long Island Company Charged With Racial Harassment of Black, Hispanic Employees
Is it Discrimination if My Employer Fires Me but Then Takes it Back?
What Job Functions are "Essential" for Purposes of Disability Discrimination?
What Damages Can I Collect If My Employer Fails to Pay Overtime?
Can My Employer Discipline Me for Refusing to Violate My Religious Beliefs?
Can a New York Employer Only Hire "Good Looking" People?
Can My Employer Fire Me if I Need Time Off for Surgery?
Can Arbitration Help Me Get Unpaid Wages From a Former Employer?
New York City Implements New Rules Limiting Employer Background Checks
July
EEOC Accuses Manhattan Company of Firing Employee Following Cesarean Section
Do Employment Discrimination Laws Protect Religious Ministers?
When are "Administrative" Employees Exempt From Overtime Requirements?
EEOC Sues NY Bank for Imposing "No Restrictions" Policy on Disabled Employees
New York Backs Extending Federal Law to LGBT Discrimination
Trump Administration to Reconsider Overtime Eligibility Rules
Can My Employer Credit My Tips Against the Minimum Wage?
Uber Report Highlights Steps to Take in Addressing Employment Discrimination
Does the Law Protect My Job if Mental Illness Leads Me to Commit a Crime?
What Creates a Hostile Work Environment?
Can an Employer Deny Sick Days to Non-English-Speaking Employees?
New York City Pays $1.3 Million to Settle Race Discrimination Charges
June
Is a Partner an "Employee" for Purposes of Discrimination Laws?
When is an Employee's Disability Protected Under the Law?
Can I Sue My Employer for Refusing to Promote Me Due to My Age or National Origin?
Can My Employer Discipline Me for Taking Family or Medical Leave?
Can My Employer Take Back My Promotion Because I am Pregnant?
New York City Bans Employers From Asking About Salary History
How Federal and New York Laws Protect Transgender Employees
Can a New York Employer Discriminate Against Me Based on a "Perceived" Disability?
Do New York Hospitality Employers Have to Reimburse Employees for Laundering Their Own Uniforms?
Federal Court to Reconsider Whether "Sex Discrimination" Applies to LGBT Employees
Can I Be Fired for Reporting My Employer's Illegal Actions?
Can a New York Employer Refuse to Hire Me if I Have a Criminal Record?
New York Officials Move to Restrict Non-Compete Clauses in Employment Contracts
New York City Freelance Worker Law Takes Effect
Beware the Dangers of Arbitration Clauses in Employment Contracts
How Does the Law Protect Military Veterans From Job Discrimination?
Can My Employer Refuse to Promote Me If I Do Not Speak English Well?
May
Does Your Employer Have a Sexual Harassment Reporting Procedure?
Can You Be Fired for Criticizing Your Boss on Social Media?
Can a New York Employer Refuse to Hire Me if I Refuse a Date?
New York Court of Appeals Orders State to Pay Victim's Costs in 22-Year-Old Sexual Harassment Case
When Your Job Rejection Amounts to Age Discrimination
April
Cancer-Based Disability and Workplace Discrimination
New York Protections for Breastfeeding Mothers Returning to Work
2016
October
First Steps in Starting a Business
My Customers Won't Pay Their Debts - Should I Sue?
September
Should I Hire a Lawyer for International Business Transactions?
Qualities to Look for in a General Counsel
August
Why You Need a Lawyer when Drafting a Business Contract
Steps to Dissolving a Business
July
What is a Small Claims Lawsuit?
The Three Different Forms of Contract Breaches
April
Can I Get Out of a Contract Due to "Mutual Mistake"?
Can You Sue the Government in Small Claims Court?
When is a Party Liable for a Business Partner's Debts?
March
How Business Structure Can Affect Your Legal Rights as an Investor
The Problem With Oral Contracts Between Family Members
Does the Legal Form of Your Business Matter?
Dealing With the Dissolution of a Business Partnership
February
Is Negotiating a Business Contract Via Email a Bad Idea?
Lack of Consistency Can Doom a Breach of Contract Case
What Happens When Parties "Abandon" a Contract?
January
Del Monte Litigation Highlights Complexity of Business Licensing Agreements
Does My Business Website Need a "Terms of Service"?
Business Disputes are Not Always Kept Inside the Family
2015
December
How "Reliance Damages" Can Remedy a Breach of Contract
When Does Federal Law Preempt State Law in a Breach of Contract Case?
Never Rely on "Oral" Modifications to a Lease
The Difficulty of Suing Private Associations in Court
What Constitutes Fraud in a Business Relationship?
November
Can You Repudiate a Contract Via Email?
Oral Partnership Agreements Can Lead to Problems
Dealing With Mortgage Lenders who Engage in Unfair Business Practices
How Long Does a Contract Last?
October
When is a Contract "Impossible" to Perform?
How Does the Uniform Commercial Code Apply to Business Contracts?
Dealing With "Ambiguous" Language in a Business Contract
September
How "Apparent Authority" Can Bind You to a Contract
What Are a Buyer's Obligations Under an Asset Purchase Agreement?
What Happens if I Don't Get a Compensation Agreement in Writing?
August
How a "Yellowstone Injunction" Can Protect Commercial Tenants
There's No Contract Without a "Meeting of the Minds"
The Importance of "Best Evidence" in Contract Disputes
Small Claims Can Raise Big Legal Problems
Where Do I File My Lawsuit in New York?
When Can a Third Party Sue to Enforce a Contract?
July
Summary Judgment and Breach of Contract
What Happens When Your Conduct Does Not Match Your Contract?
June
Court of Appeals Clarifies "Reckless Disregard" Standard for Public Vehicles
U.S. Supreme Court Rules Against Debtors in Second Mortgage Cases
Former New York Cosmos Manager Alleges Breach of Contract
"Historic Preservation" Can Mean Big Problems for Property Owners
May
What Are a Landlord's Duties Under the "Warranty of Habitability"?
Is a Contract Enforceable If It Violates the Law?
Do Debt Collectors Have to Warn You About Tax Consequences?
Court of Appeals Says No Statute of Limitations for Forged Deed Allegations
The ASCAP Royalty Decision and Understanding Business Agreements
Long Island Senator's Arrest Highlights Corruption in Real Estate Lobbying
How a Property Sale Can Affect the Right to Challenge a Tax Assessment
Understanding the Basics of New York Small Claims Courts
April
Is It Always "Buyer Beware" When Purchasing a Home?
Attorney Mahir Nisar Defends Animal Rights Activist in Bizarre Rabbit Hoarder Lawsuit
Judge Finds Driver at Fault for Driving Into Ditch
Zoning Disputes Can Lead to Years of Litigation
Even "Industry Standards" Must Be Spelled Out in a Contract
Federal Bailout Shields GM From Liability Over Defective Chevy Models
Customer Surveys Admissible Evidence in Hotel Franchise Agreement Dispute
New York Legislators Reconsider Popular, Controversial Real Estate Tax Break
New York AG Fails to Beat Mortgage Lender in Court
Can an Email Create a Legally Binding Contract?
March
Judge Tells CNBC Host It Wasn't Enough to Get It On Camera
How Pre-Judgment Interest Can Be a Major Post-Trial Problem
New York Court of Appeals Reverses $300M Summary Judgment in Contract Dispute
February
Does an Invoice Create a Binding Legal Contract?
Are "Non-Compete" Clauses in Franchise Agreements Enforceable in New York?
Does Incorporating Always Protect My Personal Assets?
Do You Owe Someone a Bonus If They Never Actually Worked for You?
Protecting Trade Secrets and Other Business Information
January
Courts Take Hands-Off Approach to Arbitration Clauses
Distinguishing "Employees" from "Independent Contractors" in Accident Cases
The Role of Consideration in Contracts
2014
December
How "Buy-Sell" Clauses Can Help End Your Business Relationships
Protecting Your Interests With a "Liquidated Damages" Clause
Is Your Contract Complete Without an "Integration Clause"?
UCC or Common Law: Which Applies to My Contract?
Contracts vs. Criminal Law: Defining Your Terms
November
When Do Employment Contracts End?
Oral Contracts Can Bring Litigation Headaches
October
Selecting the Right Form for Your New York Business
Understanding Promissory Notes and Interest Rate
September
What Is a Partnership Agreement and Why Do I Nee
Acquiring a Business Deciding Between an Asset P
Understanding and Enforcing Employment Agreement
How Choice of Law Can Affect Your Rights Under A
Manhattan Judge Orders Orbitz To Pay 12 Million
Five Reasons to Retain a Small Firm
August
Office Moves To New Location in Hicksville
July
Things To Know When Buying a Business
2013
November
Breach of Oral Partnership Agreement
Fabric Panel Flap Breach of Contract and The UCC
Notwithstanding Clause in Breach of Contract
Breach of Contract and Home Purchase Agreements
Breach of An Unsigned Contract and Filing Mechan
October
Course of Dealing and Breach of Contract
Conspiracy To Breach a Contract
Breach of Duty To Parties Outside a Contract
Zoning Exclusions and Title Defects in Breach Of
Statute of Frauds Problem in A Breach of Contract
Breach of Antidilution Contract
Insurance Exclusions As Defenses To Breach of Co
Breach of Contract and Waiver
Breach of Title Insurance Contracts
Interest Payments and Breach of Insurance Contra
Breach of Contract and Collateral Documents
September
Contractual Indemnity Provisions
Delays Amounting To Breach Insurance Contracts
Arbitration in Breach of Contract
Breach of A Brokerage Contract Analyzing the Dif
Putting It All Together a Multifaceted Breach Of
Statute of Limitations and Breach of Contract
Breach of Contract Covenant of Fair Dealing
Induced Breach of Contract Tortious Interference
Contract Interpretation Legal Standards
August
Injunctive Relief and Breach of Contract
Knowledge of Breach of Contract Law Leads To Per
Breach of Contract Issues in Condominium Offerin
Breach of Contract Liability for Student Loan De
Special Issues in Breach of Oral Contract Cases
Choice of Laws in Breach of Contract
Implied Contracts and Breach of Contract in High
Breach of Construction Contracts Indemnification
The Damages Component in Breach of Contract
Summary Judgment in NY Breach of Contract
Liquidated Damages in A Breach of Contract
Discovery in Breach of Contract Cases
Quasi Contract Breach of Contract and Parol Evid
July
Res Judicata Arguments in A Breach of Contract C
When Does a Special Duty Arise in A Breach of Co
How Rescission and Time Barring Affects Breach O
Contract Interpretation in Breach of Contract Ca
Litigating Breach of Oral Contracts
A Look At the Basic Elements Required for A Brea
The Role of Third Party Beneficiaries in Breach
A Freely Terminable Employment Contract May Stil
Extrinsic Evidence Considering the Parties Inten
Exculpatory Clauses and Their Exceptions in Brea
The Effect of Disclaimers and Warranties in Brea
Court Allows Breach of Contract Lawsuit To Sail
June
Out of Service Taxi Drivers Breach of Contract L
Assessing the Overlap of Breach of Contract and
Court Says No To Unjust Enrichment Cash Grabs Wh
Prince Settled Contract Dispute With Perfume Com
Actress Sues Ad Agency for Breach of Contract
Interesting Recent Lawsuit Centers Around Most F
May
You Cannot Cancel a Contract Based On Your Own B
Financing Clauses in NY Real Estate Contracts
Did You Read Your Contract Correctly
Not All Contracts Are Fair
Who Really Breached the Contract
How Long Is Too Long To Wait To Litigate
Do You Want This Contract To Last
Agreements Have To End Sometime
Can You Breach a Contract You Never Agreed To
March
Do You Know What You Have Agreed To
Did You Bring Your Case in Time
Do You Know the Terms of Your Contract
If You Act Like Is a Valid Contract It May Be Di
Is Your Contract a Binding One
In a Breach of Contract Case You Must Provide a
When Are You Stopped From Bringing a Contract Cl
February
When Does Talking to Someone's Competitors Become a Breach of Contract?
Through Multiple Trials Breach of Contract Case
Breach of Contract Liability & Oral Modifications
Martha Stewart's Company Sued for Breach of Contract
When Is a Cancelled Contract a Breach of Contract?
Television Reporter Sues for Breach of Contract
2012
March
Piercing the Corporate Veil in Breach of Contract Actions
February
Tortious Interference With Business Contracts
Unfair Competition: The Un-American Way to Do Business
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November
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Blog Posts in November, 2017
29
Nov
2017
When Sex Toys are Tools of Sexual Harassment
Sexual harassment in the workplace has come under renewed scrutiny due to a growing number of scandals involving high-profile business, entertainment, and political leaders. As we have learned from the seemingly daily news reports, sexual harassment covers a wide variety of conduct. Indeed, behavior that you might dismiss as harmless fun may in fact be illegal. That is why all New York employers, ...
Posted By
Mahir Nisar Attorney at Law
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27
Nov
2017
New York State Issues New Regulations for "On-Call" Employee Scheduling
Many hourly workers in New York are forced to remain “on call” and available at the sole discretion of the employer. Such scheduling practices wreak havoc with an employee's daily life and income, as they are often unable to work a second job or meet regular family obligations. In many cases, on-call employees are ordered to report into work only to be told they are not needed, thus depriving them ...
Posted By
Mahir Nisar Attorney at Law
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24
Nov
2017
Separating Interns From Employees Under New York Labor Law
Federal and New York State employment laws requires employers to pay their employees a certain minimum wage and overtime pay. The critical thing, however, is that such laws only apply to individuals legally classified as “employees.” There are other people who may perform beneficial work for an employer yet not be considered employees for purposes of the labor laws. Court Rebuffs College Student's ...
Posted By
Mahir Nisar Attorney at Law
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22
Nov
2017
New York Law Permits "Sealing" of Criminal Records From Potential Employers
Having a criminal record can adversely affect your ability to find a job. Here in New York, state law has tried to make it easier for individuals who have paid their debt to society seek gainful employment by prohibiting employment discrimination based solely on a criminal record. As we discussed in a previous post , New York City has gone a step further and restricted employers from inquiring ...
Posted By
Mahir Nisar Attorney at Law
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20
Nov
2017
Bronx Court Upholds Multi-Million Dollar Pregnancy Discrimination Verdict
Even in 2017, far too many New York employers think it is okay to fire a female employee because she is pregnant. Such employment discrimination is patently illegal. Not only do such actions harm employees financially, it also takes a psychological toll on their well-being, for which discriminatory employers can be held financially liable. Judge Reduces Compensatory Damages but Affirms Punitive ...
Posted By
Mahir Nisar Attorney at Law
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10
Nov
2017
Judge Rules Port Authority Cannot Force Police Officers to Take Annual Medical Exams
The Americans With Disabilities Act (ADA) does not just protect you against job discrimination based on any medical condition that you may have. It also forbids employers from making inquiries into your medical history during the hiring process or while you are actively employed. Among other things, the ADA prevents an employer from demanding you take a medical examination unless it is ...
Posted By
Mahir Nisar Attorney at Law
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8
Nov
2017
Can I Reject a Job Transfer as an Unreasonable Accommodation Under Disability Law?
Disability discrimination occurs under New York State law whenever an employer fails to provide a “reasonable accommodation” to an employee with a qualifying physical or mental impairment. If there is a disagreement between the employer and the employee over the reasonableness of a specific requested accommodation, the parties are expected to engage in a “good faith interactive process” to resolve ...
Posted By
Mahir Nisar Attorney at Law
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6
Nov
2017
Long Island Bar Accused of LGBTQ-based Harassment
Sexual harassment and related acts of employment discrimination do not just affect heterosexual women. Too many members of New York's LGBTQ community face a hostile work environment. In some cases, employers may illegally conflate an employee's sexual preference with willingness to engage in illegal behavior. Bar Manager Allegedly Ordered Employees to Promote “Illegal Live Sex Shows” Recently two ...
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Mahir Nisar Attorney at Law
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3
Nov
2017
NY Court of Appeals Holds "Perceived" Alcoholism is Not a Disability Under NYC Law
A few months ago we discussed a pending disability discrimination lawsuit involving two former NYPD police officers who were falsely accused of suffering from alcoholism. The officers sued under New York City Human Rights Law (NYCHRL), which prohibits any form of employment discrimination based on an “actual or perceived” disability. Yet this same law also defines alcoholism as a disability only ...
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Mahir Nisar Attorney at Law
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1
Nov
2017
Weinstein Scandal Brings Renewed Attention to Sexual Harassment in New York
On October 5, the New York Times published a bombshell article detailing three decades of sexual harassment by acclaimed Hollywood producer Harvey Weinstein. The Times reported that Weinstein's employers–the Weinstein Company and formerly Miramax–paid out “at least eight settlements with women” who accused Weinstein of illegal activity. A report published three days later by the New Yorker ...
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Mahir Nisar Attorney at Law
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