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Who Represents Who

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The New York-based team at Debevoise & Plimpton LLP handles investment treaty arbitration, international commercial arbitration, and public international law. ‘Market leader’ and department co-head Donald Donovan is representing Tethyan Copper Company in parallel arbitral proceedings - against Balochistan in the International Chamber of Commerce (ICC), and against Pakistan in ICSID for breaches of its duties under the Pakistan-Australia BIT. Mark Friedman and Ina Popova are representing Perenco Ecuador against the Republic of Ecuador in an International Centre for Settlement of Investment Disputes (ICSID) arbitration concerning Ecuador’s 2006 amendment of hydrocarbons law and its declaration that Perenco’s participation contracts had come to an end. Department co-head David Rivkin and the ‘strategically savvyCatherine Amirfar are acting for six Italian claimants against the Republic of Albania in an ICSID arbitration under the Albania-Italy BIT concerning investments in the Albanian energy and television broadcasting sectors. Other key names include the ‘creative and inspiringNatalie Reid, the ‘brilliantDietmar Prager, and the ‘exceptionalChristopher Tahbaz.

Freshfields Bruckhaus Deringer LLPdelivers great value in an impeccable manner’ and represents clients in investment treaty and commercial arbitration cases. Global head of international arbitration Nigel Blackaby, who is also co-head of the firm’s Latin America group, Elliot Friedman and Noiana Marigo, who is praised for her ‘critical thinking and powerful mindset’, successfully represented Burlington Resources, a subsidiary of ConocoPhillips, in an expropriation claim against Ecuador arising out of a dispute involving a 99% tax on windfall profits. Friedman and Brian King are representing ConocoPhillips in an ICSID arbitration claim by several Dutch subsidiaries against Venezuela. Blackaby, Marigo, Friedman and Caroline Richard obtained a US$213m ICSID award for Tenaris against Venezuela in relation to the unlawful expropriation of their interest in a producer of steel pipes for the oil and gas industry, as well as a separate steel production plant. The team, which is based across the firm’s Washington DC and New York offices, also includes counsel Alexander Wilbraham and senior associate Natalia Zibibbo.

King & Spalding LLP is commended for its ‘precise legal advice’. It handles investment and international commercial arbitration and stands out for its experience in energy-sector disputes. Tracie Renfroe and Wade Coriell, who works across the firm’s Houston and Singapore offices, secured a $380m victory for ConocoPhillips’ wholly-owned subsidiary, Burlington Resources, in a long-running investment treaty arbitration against Ecuador before ICSID, and successfully defended Burlington Resources against Ecuador’s $2.6bn counterclaim for alleged environmental harm and infrastructure damage. Roberto Aguirre Luzi, department co-head Doak Bishop and Craig Miles won a long-running ICSID arbitration case for Spanish clients Teinver, Transportes de Cercanías and Autobuses Urbanos del Sur against the Argentine Republic over the unlawful expropriation of two airlines. Key contacts include global disputes head Reginald Smith, John Bowman, Silvia Marchili and recently promoted partner Jorge Mattamouros, in addition to New York-based Henry Burnett, James Berger, David Kiefer, recently promoted partner Viren Mascarenhas and Edward Kehoe, who co-heads the department. Washington DC-based consultant Margrete Stevens is also recommended. Named individuals are based in Houston unless otherwise stated.

White & Case LLP is commended for its investor-state arbitration expertise and the team has ‘deep experience’ across the energy, construction, oil and gas, financial services and transport sectors. Highlights included acting for the Republic of Uzbekistan in several matters, including securing the successfully dismissal of a $132m ICSID case brought by Spentex Netherlands for alleged violations of the applicable investment laws. It has also handled several matters for the Republic of Peru, and is advising said client in an ICSID arbitration brought by the parent companies of Caraveli under the Spain-Peru BIT. In New York, department head Paul Friedland and Ank Santens are singled out for praise, while in Washington DC the ‘first-rateCarolyn Lamm, Andrea Menaker, Jonathan Hamilton, who heads the Latin American arbitration practice, and the ‘exceptionalAbby Cohen Smutny are recommended.

Baker Botts L.L.P. handles a range of investor-state and commercial disputes; Washington DC-based Ryan Bull represents Newco in US enforcement proceedings relating to an arbitral award which was granted to Newco as a result of a dispute involving a concession agreement entitling it to expand and operate Belize’s international airport. The team is also acting for Cobalt International Energy in two cases against Sonagol including a $2bn ICC arbitration arising from a sale and purchase agreement relating to two off-shore blocks located off the coast of Angola, and a $175m ICC arbitration. ‘Terrific leaderMichael Goldberg is based across the Houston and New York offices, and heads the team with the ‘committed and knowledgeable’ Jay Alexander who is based in London and Washington DC. Edward Schorr and Andrew Behrman in New York are also recommended.

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IP specialist Finnegan detail how their collaborative approach makes for a unique culture which is designed to allow them to work with clients in a way which is cognizant of the challenges facing all companies today.

Cleary Gottlieb Steen & Hamilton LLP is praised for its ‘level of commitment to its clients’. ‘Superb strategist’ Howard Zelbo and Jeffrey Rosenthal represent SanDisk (subsidiaries of Western Digital) in an ICC arbitration seeking to enjoin Toshiba from transferring its share of three NAND flash memory joint ventures without SanDisk’s consent. Jonathan Blackman, who is based across the New York and London offices, successfully represented Telecom Italia in a $15bn ICC arbitration. Zelbo, Blackman, Washington DC-based Matthew Slater and Carmine Boccuzzi represented the Republic of Argentina in an ICSID arbitration brought under the Argentina-Italy BIT. Lawrence Friedman, David Sabel, who splits his time between New York and London, and Ari MacKinnon, who is noted for Latin American mandates, are also recommended. Named individuals are based in New York unless otherwise stated.

Curtis, Mallet-Prevost, Colt & Mosle LLP represents states and state-owned entities in high-stakes disputes and is particularly active in investor-state arbitrations. The team’s ‘ability to grasp the primary issues and principles of a dispute, however obscure and complex, is exemplary’. It secured an ICSID annulment for the Bolivarian Republic of Venezuela of a $1.4bn award issued in 2014 in a case involving Mobil’s oil projects in Venezuela. It also represents the Republic of India in a group of high-profile arbitrations brought by foreign investors in the telecoms sector. In New York, department head George Kahale III is ‘a bright legal mind’, Miriam Harwood has ‘excellent ability to cut through challenges and make a case clearly and concisely while under great pressure’ and Mark O’Donoghue is ‘first rate’. In Washington DC, Claudia Frutos-Peterson is recommended and senior counsel Luis Parada recently joined from Foley Hoag LLP. Benard Preziosi has relocated to the firm’s London office.

Hughes Hubbard & Reed LLP successfully represented Roche Molecular Systems in a $30m ICC arbitration concerning the unauthorized sale of medical diagnostic products by Cepheid. The team continues to represent claimants in arbitrations against the Russian Federation under the Russia-Ukraine BIT to recover for the loss of investments by a group of Ukrainian investors in Crimea. Washington DC-based John Townsend and John Fellas, who is ‘a pre-eminent practitioner’ and ‘understands how to read and connect with a tribunal’, chair the arbitration and ADR department. Key contacts also include Steven Hammond, who heads the treaty arbitration team, and Hagit Muriel Elul, who ‘combines exceptional command of forensic detail, with first-class presentation and cross-examination skills’. James Boykin in Washington DC is also recommended. Alexander Yanos joined Alston & Bird LLP in 2017. Named attorneys are based in New York unless stated otherwise.

Arnold & Porter stands out for its track record in acting for sovereign states in investment arbitrations. Head of the global international arbitration group Paolo Di Rosa represented the Republic of Korea in $4.4bn claims relating to allegations of regulatory obstruction by Korean banking authorities concerning Lone Star’s attempt to sell its interest in a leading Korean bank. Whitney Debevoise is representing the Republic of the Philippines in an approximately $2.8bn investor-state treaty dispute brought by Shell Philippines Exploration. It also represented Karkey Karadeniz Elektrik Uretim in a $1.8bn ICSID arbitration against the Islamic Republic of Pakistan. Gaela Gehring Flores and Houston office team head Thad Dameris are additional key contacts. Former deputy general counsel at the US Environmental Protection Agency Ethan Shenkman joined the firm in 2017, while Anton Ware has relocated to the firm’s Shanghai office. Individuals mentioned are based in Washington DC unless otherwise stated. In May 2018, Maria Chedid re-joined the firm’s San Francisco office from Baker McKenzie LLP.

Chaffetz Lindsey LLPhas the advantages of a smaller firm and provides a personalized service’. The team represented Seli and Seli Ossa in ICC arbitration proceedings arising out of Cobra’s termination of a subcontract to excavate a tunnel for a hydroelectric power plant in Guatemala and represented Albacora in a $160m claim against the Republic of Ecuador regarding arbitrary taxation measures imposed within a free trade zone. It also acted for NNPC, Nigeria’s state oil company, in US federal court proceedings opposing the enforcement of a $2.8bn arbitration award. David Lindsey and James Hosking, who has ‘deep legal knowledge and a very practical approach in providing advice’, head the team. Aníbal Sabater, Andreas Frischknecht, Yasmine Lahlou and recently promoted counsel Andrew Poplinger are also recommended among the New York-based team.

Norton Rose Fulbright US LLP stands out for its ‘pragmatism and business orientation’ and continues to represent Mobil Investments Canada in proceedings against Canada under NAFTA please spell; and acted for Gold Reserve Inc. in conjunction with the enforcement of a $765m ICSID award against Venezuela in the US arising out of the expropriation of its mining concern in Venezuela. In Houston, global co-head of international arbitration Mark Bakerallows the team to shine while adding his gravitas’ and Kevin O’Gorman is praised for his ‘experience’. Washington DC-based Matthew Kirtland is also recommended.

At Shearman & Sterling LLP, New York-based team head Henry Weisburg and Christopher Ryan in Washington DC are representing the Republic of Panama in treaty claims brought by Omega Engineering and its CEO relating to the alleged expropriation of multiple infrastructure construction projects under the US-Panama BIT. Recently promoted partner Daniel Reich, who splits his time between the Paris and New York offices and Mark McNeill, who divides his time between New York and London, are representing Cairn Energy in a treaty claim against the Republic of India, under the UK-India BIT. Jonathan Greenblatt, who is ‘a consummate team builder’ and ‘provides novel solutions in tough situations’, splits his time between New York and Washington DC. Recently promoted counsel Jonathan Tompkins, who is based in New York, is also noted.

Skadden, Arps, Slate, Meagher & Flom LLP handles complex disputes across the telecoms, energy, oil and gas, pharmaceutical and financial sectors. It represented NTT Docomo in proceedings relating to the enforcement of a $1.2bn arbitration award against Tata in India and represented the shareholders of Devas Multimedia in a UN Commission on International Trade Law (UNCITRAL) arbitration against the Republic of India pursuant to the Mauritius-India BIT. In New York, global co-head of international litigation and arbitration John Gardiner, Timothy Nelson, counsel Jennifer Permesly, and the ‘outstanding’ Julie Bédard, who splits her time between São Paulo and New York, are key contacts.

Boutique Washington DC-based firm Three Crowns LLP is ‘a leader in international arbitration’. The team represents ConocoPhillips (as co-counsel with Freshfields Bruckhaus Deringer LLP) in several matters, including an ICC arbitration against PDVSA concerning the forced nationalization of the client’s stake in two extra heavy crude oil projects in the Orinoco oil belt; in April 2018, in a landmark decision, the ICC awarded the client a record-breaking $2.04bn in compensation. Separately, the firm is pursuing an ICSID action against the government of Venezuela regarding the expropriation of ConocoPhillips’ assets; the tribunal has already ruled that Venezuela broke international law, but proceedings are underway to determine compensation. The ‘truly brilliant’ Jan Paulsson and Luke Sobota, who is ‘extremely bright and an excellent written advocate’, head the team, while counsel Agustin Sanz has ‘a great capacity to understand other jurisdictions in detail’. Senior associates Ben Jones, who is ‘thorough’, Hugh Carlson and Joshua Simmons are also recommended. Counsel Liz Snodgrass recently joined from Freshfields Bruckhaus Deringer LLP.

WilmerHale handles commercial and investor-state arbitrations across the oil and gas, financial services, aviation, telecoms, automobile, and manufacturing sectors. It is also noted for its ‘first-rate expertise’ in IP arbitrations. Vice chair of the international arbitration team Rachael Kent is based in Washington DC, where ‘excellent’ counsel Danielle Morris is also based. In New York, senior counsel James Carter and John Pierce, who is ‘very experienced’, are recommended. John Trenor, who operates across the London and Washington DC offices, is ‘experienced in energy-sector disputes’.

Baker & Hostetler LLP handles commercial and investor-state arbitrations and regularly represents clients in enforcement proceedings. Notable headline work includes representing Resolute in an investor-state arbitration claim against Canada under Chapter 11 of NAFTA and representing China Telecom Corporation and CTA, its North American subsidiary, in an arbitration dispute regarding Uber’s departure from the Chinese market. In Washington DC, department head Mark Cymrot and Kenneth Reisenfeld are recommended, while Houston-based Sashe Dimitroff is also noted.

The ‘vast’ team at Baker McKenzie LLP is commended for its international presence. Headline matters included defending the government of Canada in a $500m dispute brought by Mesa Power Group to vacate a NAFTA award and representing the Republic of Venezuela in relation to the enforcement of a $485m ICSID award for the expropriation of two plants in Venezuela. Karkey Karadeniz Elektrik Uretim and Owens-Illinois are also clients. Key individuals include New York-based Grant Hanessian, Luis O'Naghten in Miami and David Zaslowsky in New York.

Clifford Chance is active in investment treaty and commercial arbitrations in the energy, construction, infrastructure, oil and gas, and telecoms sectors and is noted for its experience in Latin American disputes. Headline matters included representing a French investor in an ICSID arbitration against the Republic of Argentina for breaches of the Argentina-France BIT. Abertis Infraestructuras and Enel Green Power are also clients. Ignacio Suarez Anzorena in Washington DC and Janet Whittaker, who dvides her time between the Washington DC and New York offices, are recommended.

Cooley LLP handles a mix of investor-state and commercial arbitration mandates. The team is representing BM Holding in an ICSID arbitration against the UAE under the Turkey-UAE BIT, and is representing Bursel Tekstil Sanayi Ve Diş Ticaret, Burhan Enuştekin and Selim Kaptanoğlu Bursel in an ICSID arbitration against the Republic of Uzbekistan arising under the Turkey-Uzbekistan BIT. It is also representing Koch in an ICSID arbitration concerning the expropriation of a nitrogen and ammonia fertilizer plant in Venezuela. Department chair Mark Beckett, who is praised for his ‘depth of experience’, Rachel Thorn and Marc Suskin joined the firm in December 2016 from Chadbourne & Parke LLP. Named individuals mentioned are based in New York.

Dechert LLP has ‘a highly experienced and capable arbitration team with outstanding international exposure’. In New York, the team handles international commercial arbitrations, and its Washington DC office is a key name for investor-state arbitration matters, where ‘strong’ department co-chair Arif Ali represented MOL Hungarian Oil and Gas in an arbitration against the Republic of Croatia under UNCITRAL rules and is also representing the same client in an ongoing ICSID arbitration against the Republic of Croatia. Also in Washington DC, Alexandre de Gramont is ‘top-notch’ and recently promoted partner Érica Franzetti is also noted. John Roesser recently left the firm.

Foley Hoag LLP has ‘broad experience in the field of investment arbitration’ and also handles commercial arbitration cases. The group represented Ghana in an arbitration before a Special Chamber of the International Tribunal for the Law of the Sea concerning the boundary delimitation of oil-rich maritime territory in the Atlantic Ocean; and acts for Uruguay in an ICSID arbitration brought by Italba Corporation under the US-Uruguay BIT. In Washington DC, chair of the international litigation and arbitration practice Paul Reichler, who is ‘is not only brilliant at law, but also at formulating legal theories and strategies’, deputy chair Lawrence Martin, Derek Smith, Mark Clodfelter, Tafadzwa Pasipanodya and Clara Brillembourg are recommended. Daniel Schimmel6 in New York and Andrew Loewenstein in Boston are also key contacts.

Fried, Frank, Harris, Shriver & Jacobson LLP represents multinational corporations, international organizations and sovereign entities in complex arbitration disputes. Joseph LoBue continues to represent Total in ICSID proceedings against the Republic of Uganda regarding investments in petroleum operations in Uganda, contractual obligations and obligations under the Netherlands-Uganda BIT. Cerner UK, Dassault Aviation, EDF and Northrop Grumman are also clients. James Wareham heads the team. Named individuals are based in Washington DC.

The ‘business-oriented’ team at Herbert Smith Freehills is noted for its Latin American practice and it defended Costa Rica in proceedings brought against it by US investors under the Central America Free Trade Agreement. It continued to represent the Kingdom of Spain in a $2.3bn arbitration brought by 14 investment funds alleging that certain modifications to the Spanish energy regulatory regime breached investment protections in the Energy Charter Treaty. Christian Leathley, whose ‘advice is all about the solutions to problems’, heads the team with counsel Amal Bouchenaki. Laurence Shore recently left the firm to join BonelliErede in Milan. Named individuals are based in the firm’s New York office.

Praised for its national and international reach, Hogan Lovells US LLP is active in investor-state and commercial arbitrations across the oil and gas, construction, engineering, automotive, telecoms, technology, and financial services sectors, and has a particularly active Latin American and Middle East practice. Global head of international arbitration Daniel González and Richard Lorenzo in Miami are representing the Republic of Panama in several ICSID arbitrations, including defending the client against claims filed by a group of real estate investors from Costa Rica and the Netherlands alleging its investments were expropriated by Panama. In New York, Samaa Haridi is ‘a star practitioner’ and is representing Fluor in seeking the enforcement of an arbitral award in Dubai.

The practice at Jenner & Block LLP spans the firm’s Los Angeles, Chicago, Washington DC and New York offices, and is active in arbitrations across the mining, financial services technology, aviation, defense, reinsurance, hospitality and healthcare sectors. Takeda Pharmaceutical Company, General Dynamics, Ritz-Carlton and Kraft Foods are clients. In New York, department co-chair Richard Ziegler provides ‘comprehensive and insightful’ advice and Elizabeth Edmondson is ‘highly rated’. Former Chief of Investment Arbitration with the US Department of State, Patrick Pearsall, joined the Washington DC office in 2017 bolstering its investor-state arbitration expertise. Former department co-head Lawrence Schaner left the firm in 2017 to establish a boutique practice.

Headline work at Jones Day included representing World Wide Minerals in treaty claims brought against the Republic of Kazakhstan, acting for Alhambra Resources in an ICSID arbitration against the Republic of Kazakhstan concerning claims arising from a gold mining operation, and representing Visor Capital in an ICSID arbitration against the Republic of Uzbekistan relating to investments made in the Uzbek cement industry. In Washington DC, Baiju Vasani, Melissa Gorsline, Andrew Ness and Gregory Shumaker are noted, while Steven Smith, Stephen O’Neal, and recently promoted partner Marcus Quintanilla are key names in San Francisco. Thomas Lynch is a key contact in New York.

Mayer Brown regularly handles complex international arbitrations, such as BIT disputes, across the construction, energy, finance, insurance, life sciences, mining, real estate, environmental, IP, telecoms, maritime and aerospace sectors. Suzlon Wind Energy, Merck & Co, Bristol-Myers Squibb and Panama Canal Authority are clients. New York-based Ted Howes heads the team, which spans the firm’s Chicago, Los Angeles, Washington DC and Houston offices. Michael Lennon is the key contact in Houston. Sarah Reynolds in Chicago and Soledad O’Donnell, who splits her time between Chicago and Houston, were recently promoted to partner.

Headline work for the ‘excellent’ team at Paul Hastings LLP included representing CCX Colombia in an arbitration against YCCX concerning the sale of an underground mining project in the Americas and representing Transban Investments Corp in an ICSID case against Venezuela concerning the expropriation of the client’s operations pertaining to the import of luxury vehicles. In New York, the ‘outstanding’ Camilo Cardozo is noted for his expertise in Latin American disputes and associate José Sanchez is ‘very professional’. Joseph Profaizer in Washington DC heads the team, where Igor Timofeyev is also based.

At Quinn Emanuel Urquhart & Sullivan, LLP, key matters included representing a group of creditors of TP Ferro Concesionaria and its insolvency administrator, in its dispute with the Kingdom of Spain and the Republic of France regarding the termination of a concession agreement related to the construction and operation of a high-speed international railway. It also represented Tradeline in an anti-trust arbitration against JG Boswell Company, Jess Smith & Sons Cotton and the Supima Association. David Orta heads the firm’s Washington DC and Latin America practice and Tai-Heng Cheng chairs the New York-based practice. William Urquhart, who is based across the Los Angeles and Washington DC offices, Daniel Salinas-Serrano in Washington DC, and Fred Bennett in Los Angeles, are also recommended.

Simpson Thacher & Bartlett LLP is experienced in complex, high-value arbitrations and often utilizes its international offices in cross-border proceedings. It represented Danone, in a UNCITRAL international arbitration and ancillary proceedings following a product contamination caused by supplier Fonterra. Daiichi Sankyo, Berkshire Hathaway, and Mitsubishi Tanabe Pharma are also clients. The team is chaired by Peter Thomas in Washington DC and Tyler Robinson in London; the latter is ‘a master at collating highly complex and technical elements cohesively’. New York-based Mary Beth Forshaw is also noted.

Squire Patton Boggsfights hard for a good result for the client’. It handles investor treaty and commercial arbitration disputes, with particular strength in the oil and gas sector. Highlights included representing the Slovak Republic in a $1bn ICSID arbitration brought by EuroGas and Belmont Resources concerning a claim for lost investments allegedly resulting from the Slovak Republic’s withdrawal of rights to a talc mining area, and acting for the Republic of Kosovo before ICSID in a claim brought by a German telecoms investor under a 1989 BIT between Germany and the former Yugoslavia. Stephen Anway in New York co-heads the investment treaty practice and department head George von Mehren divides his time between the firm’s London and Cleveland offices. David Alexander in Columbus and Luka Misetic in New York are also key contacts.

Headline work for Sullivan & Cromwell LLP included successfully obtaining a $814.9m arbitration award on behalf of BlackBerry in an arbitration against Qualcomm, and representing Centerra Gold in a UNCITRAL arbitration against the Kyrgyz Republic and national mining company relating to disputes over a mining concession. Department head Joseph Neuhaus is ‘outstanding’, and John Hardiman and special counsel Thomas Walsh are also noted. Named individuals are based in New York.

Vinson & Elkins LLP handles commercial arbitrations and investor-state disputes in the energy, infrastructure and construction sectors. It is representing the Panama Canal Authority in a series of disputes with Grupo Unidos por el Canal and is acting for Chicago Bridge & Iron Company in an ICC construction arbitration against Refinería de Cartagena regarding the modernization and expansion of the Reficar refinery in Colombia. James Loftis in Houston heads the department and is ‘an extremely skilled attorney’. Counsel Tim Tyler, who is also based in Houston, has ‘deep knowledge’. Washington DC-based Alden Atkinsstands out for his vast knowledge of commercial and investment arbitration’.

Weil, Gotshal & Manges LLP regularly advises private parties and sovereign states in complex commercial and investment treaty arbitration cases across the energy, oil and gas, mining, financial services, hospitality, pharmaceutical, healthcare and technology sectors.

Team head Eric Ordway is representing the government of Hungary in a case brought by a Portuguese baking company concerning allegations that Hungary’s bankruptcy laws and Hungarian court actions violated the Portugal-Hungary BIT. Robert Berezin represented Forbes Media in an arbitration against Ukraine-based United Media Holding. Theodore Posner in Washington DC is representing MOL Hungarian Oil and Gas Company in two parallel dispute settlement proceedings with the government of Croatia. Named individuals are based in New York unless otherwise stated.

Winston & Strawn LLP provides a ‘flawless’ service and highlights included representing Dominion Minerals in pursuing claims pertaining to the treatment and protection of investments in a copper and gold concession in western Panama. The team is also acting for the Republic of Ecuador in several matters including an arbitration instituted by Chevron Corporation and Texaco Petroleum Company. In Washington DC, ‘great team leaderEric Bloom, the ‘responsiveTomás Leonard and the ‘first-rateNicole Silver are recommended. In 2017, the New York team was bolstered by the hire of Julissa Reynoso and Marcelo Blackburn from Chadbourne & Parke LLP. Ricardo Ugarte, who splits his time between London and Chicago, heads the team.

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