Overview

The 24th Annual Labor and Employment Law Conference offers two days of timely updates and emerging trends in employment law from leading members of the employment law bench and bar along with HR and personnel experts. Highlights include:

  • Welcome Folks, to the Trump Administration: What the First 100 Days Mean for Employers and Employees, with Laura M. Merritt, Boulette Golden & Marin, L.L.P.
  • A deep dive into the principle of pay equity, how it is reflected in statute, and the legal and practical concerns in complying with those statutes
  • William T. (Tommy) Simmons of the Texas Workforce Commission examining important hidden hazards in handling wage payment, unemployment claim, and unemployment tax issues at TWC
  • General counsel perspectives on how to efficiently and effectively interact with in-house counsel, including interactions regarding litigation, company policies, and labor law requirements
  • Focused presentation series on litigation strategies (featuring updates on discovery and social media) and workforce solutions (featuring updates on LGBTQ issues and background checks)
  • The latest federal and state employment case law and legislative developments, including disability issues under the ADA, guidance under the NLRA, and more

Event Schedule

  • Time
    Credit
    Subject
    Speaker
  • Monday Morning
    Presiding Officer:
    Audrey E. Mross, Munck Wilson Mandala, LLP - Dallas, TX
  • 7:30 am
    Austin Only
    Registration Opens

    Includes continental breakfast.
  • 8:20 am
    Welcoming Remarks

  • 8:30 am
    0.75 hr
    State Employment Law Update: Texas and Beyond

    Clara "C. B." Burns, Kemp Smith LLP - El Paso, TX

    Review employment-related developments under Texas state law with a discussion of significant new Texas cases and important trends in other states.
  • 9:15 am
    0.75 hr
    0.25 hr ethics
    Federal Employment and Labor Law Developments in 2016 – 2017

    Linda Ottinger Headley, Littler Mendelson P.C. - Houston, TX

    Look back at significant developments in the legislative and executive branches, federal agencies, and the Supreme Court and lower federal courts, and explore what the future may hold.
  • 10:00 am
    0.50 hr
    Federal Contractor Update

    Derek T. Rollins, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - Austin, TX

    Hear updates on federal contractor compliance obligations and recent Office of Federal Contract Compliance Programs (OFCCP) regulations, including a review of the Trump Administration’s impact.
  • 10:30 am
    Break

  • 10:45 am
    0.75 hr
    Recent Developments and A Look Ahead Under the National Labor Relations Act

    John V. Jansonius, Jackson Walker LLP - Dallas, TX
    Rod Tanner, Tanner and Associates, PC - Fort Worth, TX

    In recent years, the National Labor Relations Board has implemented expedited union election rules and rendered major decisions regulating employer arbitration, confidentiality and e-mail policies, expanding the joint employer doctrine, and aiding union organization of small employee units. Hear two seasoned labor lawyers address such recent developments and preview a reexamination by the Trump NLRB of a number of significant issues affecting union and nonunion workplaces.
  • 11:30 am
    0.50 hr
    Hidden Traps at the Texas Workforce Commission

    William T. (Tommy) Simmons, Texas Workforce Commission - Austin, TX

    Helping your clients deal effectively with unemployment or wage claims before the Texas Workforce Commission involves not only knowledge of the basic laws, but also awareness of some special rules and guidelines that can be traps for inexperienced attorneys. Learn about the most important hidden hazards in handling wage payment, unemployment claims, and unemployment tax issues at the TWC.
  • 12:00 pm
    0.50 hr
    0.25 hr ethics
    Developments in Whistleblower Cases

    Amy Gibson, Gibson Wiley PLLC - Dallas, TX

    Last year was a banner year for whistleblower cases. Hear the latest in the developments and examine the drivers behind big verdicts and judgments.
  • 12:30 pm
    Austin Only
    Pick Up Lunch (in Austin)

    Included in registration. 
  • Monday Afternoon
    Presiding Officer:
    Audrey E. Mross, Munck Wilson Mandala, LLP - Dallas, TX
  • LUNCHEON PRESENTATION
  • 12:50 pm
    0.50 hr
    Welcome Folks, to the Trump Administration: What the First 100 Days Mean for Employers and Employees

    Laura M. Merritt, Boulette Golden & Marin L.L.P. - Austin, TX

    Get the latest updates on the workplace impact of the new Administration’s appointments, policy direction, and other developments.
  • 1:20 pm
    Break

  • 1:35 pm
    0.75 hr
    Pay Equity Panel

    Moderator:
    Shafeeqa W. Giarratani, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - Austin, TX
    Panelists:
    Allan G. King, Littler Mendelson, P.C. - Austin, TX
    Robert B. Speakman Jr., Economists Incorporated - College Station, TX

    Explore the principle of pay equity, how it is reflected in the various statutes governing pay equity, and the legal and practical concerns in complying with those statutes.
  • 2:20 pm
    0.50 hr
    ​Key Risk Management Considerations When Working with a PEO

    Mark Sinatra, Staff One, Inc. - Dallas, TX

    Learn the ways to best utilize a PEO effectively to manage employer risk from an HR, legal, workers’ comp, and overall business perspective. Get practical tips to help properly evaluate PEOs.
  • 2:50 pm
    Austin Only
    Break (in Austin)

  • Track A: Workforce Solutions
    Presiding Officer:
    Connie L. Cornell, Cornell Smith Mierl & Brutocao, LLP - Austin, TX
  • SPECIAL NOTICE: Live Webcast Includes Workforce Solutions Only

    The live webcast includes the Workforce Solutions track but not the Litigation Strategies track. The materials for both tracks are available in the course materials, and approximately 6-8 weeks after the conference the Workforce Solutions video and Litigation Strategies audio will both be available in "Your Briefcase."
  • 3:00 pm
    0.50 hr
    ​LGBTQ Issues in the Workplace

    Shannon B. Schmoyer, Schmoyer Reinhard LLP - San Antonio, TX

    Explore the past, present, and future of LGBTQ rights in the workplace and what we can expect during the Trump Administration.
  • 3:30 pm
    0.50 hr
    0.25 hr ethics
    Best Practices in Dispute Resolution

    David T. Lopez, Attorney-Arbitrator-Mediator - Houston, TX

    Get practical tips on how to anticipate, avoid, evaluate, negotiate, and resolve workplace conflicts from a mediator and arbitrator with 45 years of experience representing employees and employers.
  • 4:00 pm
    0.50 hr
    Common Mistakes in Seeking/Disclosing Medical Information

    Felicia A. Finston, Wilkins Finston Friedman Law Group LLP - Dallas, TX

    The use and disclosure of medical information touches many aspects of the employment relationship, and confusion often exists as to the applicability of HIPAA in this process. Examine common misconceptions as to the applicability of HIPAA in using and disclosing medical information, and outline the steps employers should take to ensure that they do not run afoul of HIPAA’s requirements.
  • 4:30 pm
    0.50 hr ethics
    ​Background Checks: Why Your Clients Are Probably Doing It Wrong

    Mike Coffey, Imperative - Bulletproof Background Screening - Fort Worth, TX

    Conducted incorrectly, employment background checks can create more risk for employers than they avoid. Explore the differences among information sources, the most common compliance mistakes employers (and their legal counsel) make, and how most employers are using their background checks incorrectly.
  • 5:00 pm
    Adjourn

  • Track B: Litigation Strategies
    Presiding Officer:
    Amy Gibson, Gibson Wiley PLLC - Dallas, TX

  • Austin Only
    SPECIAL NOTICE: Live Webcast Does Not Include Litigation Strategies

    The live webcast includes the Workforce Solutions track but not the Litigation Strategies track. The materials for both tracks are available in the course materials, and approximately 6-8 weeks after the conference the Workforce Solutions video and Litigation Strategies audio will both be available in "Your Briefcase."
  • 3:00 pm
    Austin Only
    0.50 hr
    What's New in Seeking, Getting, and Using Discovery

    Susan E. Hutchison, Hutchison & Stoy, PLLC - Fort Worth, TX

    Learn what you need to know about keeping up with advances in electronic discovery, social media, and changes to the state and federal rules. 
  • 3:30 pm
    Austin Only
    0.50 hr
    0.25 hr ethics
    Social Media as a Tool for Evidence

    Michael J. Golden, Boulette Golden & Marin L.L.P. - Austin, TX

    Social media is growing increasingly prevalent as a source of evidence in employment law cases, if you can discover it and get it admitted. Review ethical discovery methods related to social media, the nuts and bolts of admitting social media data into evidence, and strategies for using that evidence on both liability and damages claims.
  • 4:00 pm
    Austin Only
    0.50 hr
    Non-Competes Under Attack

    Sean M. Becker, Vinson & Elkins LLP - Houston, TX

    State-level initiatives are making it more challenging to establish and enforce non-competes in many jurisdictions. Discuss evolving strategies for multi-state employers looking to establish and enforce non-compete regimes.
  • 4:30 pm
    Austin Only
    0.50 hr ethics
    Communication with Adverse Parties

    Victoria Martin Phipps, Littler Mendelson P.C. - Houston, TX

    How can communicating with adverse parties minimize or maximize your effectiveness as an advocate, affect client service, and impact staff morale? It is not uncommon for the lofty ideals of legal professionalism to fade alongside the more instinctive goal of winning for our clients by using words or actions to crush our opponents. But using words to unnecessarily embarrass or demean can change how others perceive you, affect the willingness of your opponent to cooperate, and most importantly, may violate the rules of professionalism. Review the rules that speak to how we communicate with adverse parties, and the practical consequences of ignoring those rules. 
  • 5:00 pm
    Austin Only
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Tuesday Morning
    Presiding Officer:
    James H. Kizziar Jr., Bracewell - San Antonio, TX and Washington, DC
  • 7:30 am
    Austin Only
    Conference Room Opens

    Includes continental breakfast.
  • 8:30 am
    0.75 hr
    Public Sector Employment Law Update

    Philip Durst, Deats, Durst & Owen, P.L.L.C. - Austin, TX
    Monika Lucia Arvelo, City of Austin Law Department - Austin, TX

    Discuss recent developments of importance for representing government employees and employers, including free speech, due process, privacy, political patronage, and state law developments in the public workplace.
  • 9:15 am
    0.50 hr
    Who’s the Boss? Update on Employee vs. Contractor and Joint Employer Status

    Audrey E. Mross, Munck Wilson Mandala, LLP - Dallas, TX

    Cash-strapped taxing authorities and employee rights agencies want a clearly defined employer (or two) to take responsibility. The gig economy and other lovers of freedom and flexibility prefer the independence of temporary alliances and blurred lines. Mix in a new Administration and the task of proper classification—and avoiding the costs of a mistake—just became trickier.
  • 9:45 am
    0.50 hr
    Protecting Confidential Information in the Age of Cyber Attacks: Do You Have a Plan?

    Jason M. Storck, Wilson Sonsini Goodrich & Rosati, P.C. - Austin, TX

    Explore current hot topics in cybersecurity and protecting sensitive personal information, trade secrets, and other confidential business information in the digital age.
  • 10:15 am
    Break

  • 10:30 am
    0.75 hr
    General Counsel Panel: What HR, Outside Counsel, and Plaintiffs' Counsel Need to Know

    Moderator:
    Elaine Flud Rodriguez, Dallas Fort Worth International Airport - DFW Airport, TX
    Panelists:
    K. Bradleigh LeBlanc, Petro Harvester Oil & Gas, LLC - Plano, TX
    Darryl R. Marsch, Wingstop - Dallas, TX

    Listen as general counsel share perspectives on how to efficiently and effectively interact with in-house counsel, including interactions regarding litigation, company policies, and labor law requirements.
  • 11:15 am
    0.75 hr
    Wage and Hour Update

    Robert E. Sheeder, Bracewell - Dallas, TX

    Wage and hour lawsuits continue to proliferate, and rules continue to evolve. Examine intricacies of the FLSA and developing trends in regulation and case law.
  • 12:00 pm
    Austin Only
    Pick Up Lunch (in Austin)

    Included in registration.
  • Tuesday Afternoon
    Presiding Officer:
    Howard L. Steele Jr., Steele Law Group, PLLC - Houston, TX
  • LUNCHEON PRESENTATION
  • 12:20 pm
    0.50 hr
    Gens, Gender and Culture, Oh My!

    Petey Parker, Petey Parker and Associates - Dallas, TX

    Our workforce spans five generations, each with a distinctive form of communicating. Throw in the gender and cultural diversity and you find yourself feeling like Dorothy skipping down the yellow brick road trying to find her way home, only to find out that the Wizard was all razzle-dazzle and not real at all. Get some clarity and find your way through this complex subject.
  • 12:50 pm
    Break

  • 1:05 pm
    0.75 hr
    Trade Secrets Update

    Hon. Elizabeth S. Chestney, U.S. District Court, Western District of Texas - San Antonio, TX
    Kenneth D. Hughes, Hughes Roch LLP - Houston, TX
    Howard L. Steele Jr., Steele Law Group, PLLC - Houston, TX

    Examine the handling of trade secret issues in the courtroom. What works and what doesn’t with judges? Have the recently enacted federal and state statutes on trade secrets changed the way courts analyze these claims? What are the keys for handling emergency hearings involving injunctive relief? What are the best ways to protect the confidentiality of the trade secret in litigation?  
  • 1:50 pm
    0.75 hr
    Developments in Disability Discrimination Law

    James H. Kizziar Jr., Bracewell - San Antonio, TX and Washington, DC

    Review significant regulatory and court developments under the Americans with Disabilities Act, and gain insights into emerging disability issues.
  • 2:35 pm
    Break

  • 2:45 pm
    0.50 hr
    0.25 hr ethics
    From Parties to Presidents: The Use of Social Media to Prove Animus

    Jason Boulette, Boulette Golden & Marin L.L.P. - Austin, TX

    Explore the use of off-the-job social media statements by decision-makers to demonstrate unlawful animus. Hear an in-depth examination of the legal standards for direct evidence and the stray remark doctrine, along with potential strategies for rehabilitating compromised decision-makers.
  • 3:15 pm
    0.75 hr ethics
    Ethics for Employment Lawyers

    Dennis P. Duffy, Baker & Hostetler LLP - Houston, TX

    An update on cutting‑edge ethics and professionalism issues in employment litigation and counseling, including attorney‑client privilege and waiver issues, ethical issues in internal investigations, ex parte communications, and inadvertent disclosure rules.
  • 4:00 pm
    Adjourn

Conference Faculty

Monika Lucia Arvelo

City of Austin Law Department
Austin, TX

Sean M. Becker

Vinson & Elkins LLP
Houston, TX

Jason Boulette

Boulette Golden & Marin L.L.P.
Austin, TX

Clara "C. B." Burns

Kemp Smith LLP
El Paso, TX

Hon. Elizabeth S. Chestney

U.S. District Court, Western District of Texas
San Antonio, TX

Mike Coffey

Imperative - Bulletproof Background Screening
Fort Worth, TX

Dennis P. Duffy

Baker & Hostetler LLP
Houston, TX

Philip Durst

Deats, Durst & Owen, P.L.L.C.
Austin, TX

Felicia A. Finston

Wilkins Finston Friedman Law Group LLP
Dallas, TX

Elaine Flud Rodriguez

Dallas Fort Worth International Airport
DFW Airport, TX

Shafeeqa W. Giarratani

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Austin, TX

Amy Gibson

Gibson Wiley PLLC
Dallas, TX

Michael J. Golden

Boulette Golden & Marin L.L.P.
Austin, TX

Linda Ottinger Headley

Littler Mendelson P.C.
Houston, TX

Kenneth D. Hughes

Hughes Roch LLP
Houston, TX

Susan E. Hutchison

Hutchison & Stoy, PLLC
Fort Worth, TX

John V. Jansonius

Jackson Walker LLP
Dallas, TX

Allan G. King

Littler Mendelson, P.C.
Austin, TX

James H. Kizziar Jr.

Bracewell
San Antonio, TX and Washington, DC

K. Bradleigh LeBlanc

Petro Harvester Oil & Gas, LLC
Plano, TX

David T. Lopez

Attorney-Arbitrator-Mediator
Houston, TX

Darryl R. Marsch

Wingstop
Dallas, TX

Laura M. Merritt

Boulette Golden & Marin L.L.P.
Austin, TX

Audrey E. Mross

Munck Wilson Mandala, LLP
Dallas, TX

Petey Parker

Petey Parker and Associates
Dallas, TX

Victoria Martin Phipps

Littler Mendelson P.C.
Houston, TX

Derek T. Rollins

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Austin, TX

Shannon B. Schmoyer

Schmoyer Reinhard LLP
San Antonio, TX

Robert E. Sheeder

Bracewell
Dallas, TX

William T. (Tommy) Simmons

Texas Workforce Commission
Austin, TX

Mark Sinatra

Staff One, Inc.
Dallas, TX

Robert B. Speakman Jr.

Economists Incorporated
College Station, TX

Howard L. Steele Jr.

Steele Law Group, PLLC
Houston, TX

Jason M. Storck

Wilson Sonsini Goodrich & Rosati, P.C.
Austin, TX

Rod Tanner

Tanner and Associates, PC
Fort Worth, TX

Planning Committee

Audrey E. Mross—Chair

Munck Wilson Mandala, LLP
Dallas, TX

Deborah Salzberg—Director

The University of Texas School of Law
Austin, TX

Sean M. Becker

Vinson & Elkins LLP
Houston, TX

Jason Boulette

Boulette Golden & Marin L.L.P.
Austin, TX

Richard R. Brann

Baker Botts
Houston, TX

Clara "C. B." Burns

Kemp Smith LLP
El Paso, TX

Connie L. Cornell

Cornell Smith Mierl & Brutocao, LLP
Austin, TX

B. Lee Crawford Jr.

City of Austin Law Department
Austin, TX

Shafeeqa W. Giarratani

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Austin, TX

Amy Gibson

Gibson Wiley PLLC
Dallas, TX

Brian S. Greig

Norton Rose Fulbright
Austin, TX

Christopher H. Hahn

Dell
Round Rock, TX

Linda Ottinger Headley

Littler Mendelson P.C.
Houston, TX

Kenneth D. Hughes

Hughes Roch LLP
Houston, TX

John V. Jansonius

Jackson Walker LLP
Dallas, TX

James H. Kizziar Jr.

Bracewell
San Antonio, TX and Washington, DC

David T. Lopez

Attorney-Arbitrator-Mediator
Houston, TX

Laura M. Merritt

Boulette Golden & Marin L.L.P.
Austin, TX

Victoria Martin Phipps

Littler Mendelson P.C.
Houston, TX

Robert E. Sheeder

Bracewell
Dallas, TX

William T. (Tommy) Simmons

Texas Workforce Commission
Austin, TX

Howard L. Steele Jr.

Steele Law Group, PLLC
Houston, TX

Rod Tanner

Tanner and Associates, PC
Fort Worth, TX

Credit Info

MCLE Credit
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.
Other Credit
This activity has been approved for recertification credit hours toward California, GPHR, HRBP, HRMP, PHR and SPHR recertification through the HR Certification Institute. A HRCI Certificate with the activity ID number will be included as part of the course materials provided at the conference. This type of accreditation (HRCI) is only available for live conferences, and does not apply to live webcasts.

For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org
The University of Texas School of Law is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM.
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.
MCLE Credit
UT Law CLE will report credit to the State Bar of Texas on your behalf. If you are claiming credit in the last week of your birth month, self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Completion will be emailed to you upon claiming credit.
Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. Print and keep the Certificate of Completion for your records. A Certificate of Completion will be emailed to you upon claiming credit.
The University of Texas School of Law (Provider #169) live webcast presentations meet the requirements and are presumptively approved by the Oklahoma Bar Association for MCLE credit based on a 50-minute credit hour. This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Oklahoma MCLE credit, Oklahoma credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the webcast.
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state to ensure it will qualify for self-reporting your credits.

To claim Other States MCLE credit, Other States credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you.

This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion .

MCLE credit is presented based on a 60-minute credit hour.
Other Credit
The University of Texas School of Law (Provider #250) live webcast presentations meet the requirements and are presumptively approved by the Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Texas Accounting CPE credit, the Texas Accounting CPE credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. Self-report your CPE credit directly to the Texas State Board of Public Accountancy.

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

Key Dates

Austin – Jun 12-13, 2017 – AT&T Conference Center
Conference Concluded
Live Webcast – Jun 12-13, 2017
Conference Concluded
Buy
Austin
Last day for Individual early registration: Jun 12, 2017

Add $50 for registrations received after this time

Last day for Group (5 registrants minimum) early registration: Jun 12, 2017

Add $50 for registrations received after this time

Last day for Group (10 registrants minimum) early registration: Jun 12, 2017

Add $141 for registrations received after this time

Last day for cancellation (full refund): Jun 5, 2017

$50 processing fee applied after this date

Last day for cancellation: Jun 9, 2017
Live Webcast
Last day for cancellation (full refund): Jun 5, 2017

$50 processing fee applied after this date

Last day for cancellation: Jun 9, 2017

Venue

speaker

The University of Texas at Austin
1900 University Avenue
Austin, TX
877.744.8822 (reservations)
Map

Accommodations

$185 room rate good through May 17, 2017 (subject to availability).
Reserve your room online. 
 

Parking Information

Free daily self-parking at UT garages. Separate fees apply for valet and overnight parking.

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