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Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association

MCLE Test Index

All the tests in this list are aproved for one hour of MCLE credit.

The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

Go to Back Issues Online -- Ethics Opinions

No. 234: 2013 Ethics Roundup (Legal Ethics credit) - 4/14 Legal ethics issues involving conflicts of interest, disqualification, malpractice, and loss of fees continue to affect attorneys in California

No. 233: The Art of Appropriation - 3/14 Infringement lawsuits against appropriation art have involved analysis of the transformativeness of the use of the copyrighted material

No. 232: Big Doctrine - 2/14 If Noerr-Pennington is based on the First Amendment right to petition, logically it should not be limited to antitrust

No. 231: The New LLC - 1/14 RULLCA's default provisions must be considered when drafting operating agreements for real estate LLCs

No. 230: The Fitness of Recharacterization - 12/13 The Ninth Circuit has held that bankruptcy courts have statutory power to recharacterize debt to equity

No. 229: The Properties of Preemption - 11/13 The Probate Code's mechanism for notice to creditors may provide protection against federal preemption

No. 228: Domains in the Balance - 10/13 Noncommercial use of a domain name that includes someone else's trademark does not necessarily violate the Lanham Act

No. 227: Secret Preemption - 9/13 Uniformity of trade secret law should be legislated, not adjudicated

No. 226: Bankruptcy Shelters - 7-8/13 However real estate lenders may try to prevent it, borrowers may be able to obtain the protection of bankruptcy court

No. 225: Incident to Arrest - 6/13 Previous police search cases regarding containers and clothing do not address the wealth of information on cell phones

No. 224: Songs in Contention - 5/13 Politicians who use copyrighted songs for campaigns should consider securing not only the rights but also the permission of the artists

No. 223: 2012 Ethics Roundup (Legal Ethics credit) - 4/13 MCLE requirements, conflict-of-interest litigation, malpractice, and disbarment were among the ethics issues affecting California attorneys last year

No. 222: Class Control - 2/13 The Ninth Circuit has included consideration of business interests as part of California's choice-of-law test

No. 221: Rights in Foreclosure - 1/13 The NMS and HBOR provide significant enforcement mechanisms to deter careless foreclosure practices

No. 220: Expert Judgment - 12/12 Rather than adopt the federal Daubert standard, California courts have developed a statutory approach to evaluating the admissibility of expert medical and scientific testimony

No. 219: Families at War - 11/12 When a service member is involved in a divorce, family law attorneys must consider the interplay between state and federal laws

No. 218: Of Sound Mind - 10/12 The law imposes very clear duties on attorneys who represent or oppose incapacitated clients in divorce proceedings

No. 217: Your Witness (Legal Ethics credit) - 9/12 Fact witnesses may be reimbursed for their expenses and time but not for the substance of their testimony

No. 216: Collateral Evidence - 7-8/12 Under the collateral source rule, plaintiffs may seek recovery of their full medical expenses, but the California Supreme Court has ruled that recovery is limited to the contracted rate

No. 215: Faster and Fairer - 6/12 Except for punitive damages, the remedies available to federal employees in EEOC cases are almost identical to those in federal court

No. 214: Rules of Endorsement - 5/12 Although the FTC's updated Guides Concerning the Use of Endorsements and Testimonials in Advertising threaten harsh penalities for misleading celebrity endorsements, enforcement has been minimal

No. 213: Special Instructions - 4/12 Attorneys should consider proposing a neutral, nonargumentative set of jury instructions that pinpoint the specifics of the case

No. 212: 2011 Ethics Roundup (Legal Ethics credit) - 3/12 Disqualification motions as a weapon in litigation and the limits of an attorney's duty to a client featured prominently among the legal ethics issues of 2011

No. 211: Into the Breach - 2/12 Proving injury-in-fact has been the main obstacle for plaintiffs in cases involving breaches of personal data

No. 210: The Pain of Rejection - 1/12 When a tenant rejects a lease in bankruptcy, Section 502(b)(6) does not provide a formula for calculating damages but does impose a cap

No. 209: What Happens in Mediation... - 12/11 Although designed to enhance the mediation process, confidentiality carries the risk of shielding attorney misconduct and incompetence

No. 208: Full Disclosures - 11/11 Courts are increasingly willing to hold parties in an arbitration to a duty to investigate potential arbitrators' bias before their selection

No. 207: Bench Rules (Legal Ethics credit) - 10/11 Practicing attorneys can avoid mistakes in their dealings with judges by becoming aware of the full reach of the Code of Judicial Ethics

No. 206: Troubled Indemnity - 9/11 While the Civil Code provides for attorney's fees for an indemnitee that successfully defends against a claim, the statute of limitations may bar the award

No. 205: Just Taking - 7-8/11 The enforcement of the criminal "freeze-and-seize" statute requires close attention to rules based on civil procedure

No. 204: SLAPP Happy - 6/11 In 2010 the court of appeal helped clarify the availability of attorney's fees to the prevailing party in anti-SLAPP matters

No. 203: More or Less - 5/11 In copyright infringement analyses only an original work's protectible elements should be included

No. 202: Sharing the Blame - 4/11 In apportioning noneconomic damages in tort actions, practitioners need to understand the difference between immunity and blamelessness

No. 201: 2010 Ethics Roundup (Legal Ethics credit) - 3/11 Last year's developments in legal ethics saw important changes in the areas of conflicts of interest and client relations

No. 200: Loss Horizon - 2/11 Intentionality and foreseeability can affect the seemingly clear application of the economic loss doctrine

No. 199: Brokers' Fate - 1/11 Real estate broker discipline may result from determinations made not only by the DRE but also by other agencies and the courts

No. 198: Totally Exhausted - 12/10 In light of the strong presumption in favor of enforcing statutory exhaustion requirements, exceptions have become increasingly rare

No. 197: Location Location Location - 11/10 California law, in contrast to federal rules, leaves little time at the initiation of a lawsuit for enforcing a forum-selection clause

No. 196: Fraud Busters - 10/10 The fraud provisions in the healthcare reform act focus on the Stark law, enhanced disclosure, and greater program transparency

No. 195: Mix and Mash - 9/10 Technological advances allowing the creation of new musical works from samples of copyrighted material are challenging the assumptions of copyright law

No. 194: Alt-Delete - 7-8/10 Courts have demonstrated a willingness to sanction attorneys and clients for negligence, gross negligence, and willfulness in the spoliation of electronically stored information

No. 193: Screen Grabbing - 6/10 Although proving infringement of a Web site's look and feel is difficult, claims under trade dress law may prove more fruitful than those under copyright law

No. 192: Boxing Match - 5/10 The litigation over Redbox's distribution of DVDs demonstrates that, even when intellectual property rights are involved, a concerted refusal to deal can draw antitrust scrutiny

No. 191: Before the Bar - 4/10 Unfamiliarity with the State Bar disciplinary system can result in self-defeating conduct during the litigation of a disciplinary matter

No. 190: 2009 Ethics Roundup  (Legal Ethics credit) - 3/10 The actions of both prosecutors and private-sector attorneys came under renewed scrutiny in 2009

No. 189: Weapon of Choice - 2/10 Under the ruling in K. C. Multimedia, plaintiffs must choose between common law and statutory remedies when pursuing trade secret claims

No. 188: Fixer-Uppers - 1/10 When lenders foreclose on a broken condominium project, they expose themselves to liability on many fronts

No. 187: Holding On - 12/09 Asset protection planning often overlooks the basics of converting nonexempt assets into exempt ones

No. 186: Operating Room - 11/09 In lawsuits involving medical negligence, the standard of care should be based on objective, verifiable facts

No. 185: Take It to the Bank - 10/09 Practitioners should be aware of the significant differences between an FDIC bank receivership and other corporate insolvencies

No. 184: Pickoff Moves - 9/09 Despite the ruling in Chindarah v. Pick Up Stix, class counsel may still be able to thwart efforts by employers to solicit waivers from potential class members in wage and hour disputes

No. 183: Zone Defense - 7-8/09 Recent supreme court decisions lay out more exacting requirements for approving zoning variances to ensure that they remain the exception rather than the rule

No. 182: Predators' Net - 6/09 States face a difficult choice in deciding whether to incur the cost of creating an online sex offender registry or forgoing federal funds

No. 181: Distributive Principles - 5/09 Current litigation over file-sharing networks has spawned judicial scrutiny of the Copyright Act's distribution right

No. 180: The Price Is Right - 4/09 While some experts have issued dire warnings, the U.S. Supreme Court's recent decision on resale price agreements may have little effect on retailing

No. 179: 2008 Ethics Roundup  (Legal Ethics credit) - 3/09 In the current economic downturn, lawyers need to be more mindful than ever of the potential for conflicts of interest

No. 178: The Private Lives of Jurors  (Legal Ethics credit) - 2/09 When investigating potential jurors, private investigators are agents of the attorneys who employ them and must observe the Rules of Professional Conductand the Private Investigator Act

No. 177: Gimme Shelter - 1/09 Local governments are struggling to implement a new law requiring them to grant developers density bonuses in exchange for affordable housing units

No. 176: American Made - 12/08 The certification of class actions challenging the designation of consumer goods as "Made in USA" is extremely difficult to obtain

No. 175: Disclose or Dismiss - 11/08 A debtor who conceals a pending civil action from a bankruptcy court may face dismissal of the claim

No. 174: Inside the Box - 10/08 Attorneys exercising peremptory challenges should maintain a written record sufficient to withstand appellate review

No. 173: Life after 64 - 9/08 To achieve standing in a post-Prop. 64 unfair competition claim, plaintiffs must prove they have suffered both actual injury and significant loss

No. 172: Confirmation Class - 7-8/08 In confirming class action settlements, judicial officers must take into account the interests of absent class members and those who may opt out

No. 171: Wage Scales - 6/08 Employers need to be ever more vigilant to ensure they are in compliance with the state's wage and hour laws

No. 170: The Very Idea - 5/08 Although the inquiry in idea submission cases is fact specific, case law provides ample guidance on what constitutes substantial similarity

No. 169: Office Watch - 4/08 To avoid liability for workplace surveillance, employers should adopt clear policies on the use of e-mail programs and the Internet

No. 168: 2007 Ethics Roundup  (Legal Ethics credit) - 3/08 In 2007, issues of conflict of interest, disqualification, client payment, and client files continued to be subjects of concern in legal ethics

No. 167: Lis Pendulum - 2/08 The California Legislature's continuing effort to prevent abuse of lis pendens has placed the risk of slander of title on unwary attorneys

No. 166: The Green Zone - 1/08 At the state and local level, governments are adopting increasingly aggressive environmental land use mandates

No. 165: Muddy Waters - 12/07 Recent court decisions on water contamination have chipped away at health-based standards in favor of property rights and product liability theories

No. 164: Calling the Bluff - 11/07 While the Civil Code offers litigators in California broad protection for bluffing, no similar immunity applies in a nonlitigation context

No. 163: Care Package - 10/07 New state and federal rules are tightening the eligibility requirements for Medi-Cal aid to pay for nursing home costs

No. 162: Cheaters Beware - 9/07 IRS actions under the retooled informant program are, for the first time, subject to U.S. Tax Court review

No. 161: Sentence Structure - 7-8/07 California is still scrambling to adapt to the U.S. Supreme Court's decision in Cunningham striking down the state's Determinate Sentencing Law

No. 160: Advice and Consents - 6/07 The enforceability of advance consents depends in large measure on their specificity and the sophistication of the client

No. 159: Joking Aside - 5/07 The problematic demarcation between satire and parody has called into question the entire concept of fair use in copyright litigation

No. 158: Supplemental Appropriations - 4/07 Supplemental payment provisions may cover contractual attorney's fees even when the insurance policy contains exclusions for contractual damages

No. 157: 2006 Ethics Roundup  (Legal Ethics credit) - 3/07 After a year of scandals emanating from the practice of law in California, revisions of the Rules of Professional Conduct are on the horizon

No. 156: Bound in Bankruptcy - 2/07 The Third Circuit has rejected the distinction between core and noncore matters in determining whether to enforce arbitration agreements in bankruptcy court

No. 155: Wake-Up Call - 1/07 The control exception to the construction defect statutes of repose can have a dramatic effect on litigation involving contractors and developers

No. 154: Walk the Line - (Legal Ethics credit) - 12/06 Even in civil litigation, attorneys must steer carefully between zealous advocacy and obstruction of justice

No. 153: Dangerous Liaisons - (Legal Ethics credit) - 11/06 Relationships between associated firms may be scrutinized under the same standards that apply to of counsel

No. 152: Clause and Effect  - 10/06 Parties agreeing to standard arbitration clauses may unwittingly alter their rights

No. 151: Criminal Prosecutions and Classified Information - 9/06 The use of classified information in court proceedings imposes unique burdens on the defense

No. 150: Whistle Stop  - 7-8/06 Standard arbitration clauses frequently transfer the power to decide arbitrability from the courts to the arbitrator

No. 149: On the Receiving End  - (Legal Ethics credit) - 6/06 Ethics rulings on an attorney's duties upon receiving inadvertently produced documents have shifted back and forth during the last 15 years

No. 148: Days of Our Lives - 5/06 Although the Labor Code provides limited exemptions under collective bargaining agreements, most wage and hour regulations apply equally to union and nonunion production companies

No. 147: 2005 Ethics Roundup - (Legal Ethics credit) - 4/06 The past year proves again that there is no shortage of new ethical issues confronting the legal profession

No. 146: Logging Rights  - 3/06 Both federal and state courts recognize that a traditional privilege log may not protect parties from undue disclosures and have authorized suitable alternatives

No. 145: Pest Control  - 2/06 The Vexatious Litigant statute can be applied to entities and attorneys as well as pro pers

No. 144: Fool with a Pen - 1/06 Guarantors of real estate financing are less able than ever to depend on principles of equity to relieve them of their burdens

No. 143: Rights for Wrongs - 12/05 The availability of statutory damages under California's civil rights laws have made certain class actions more viable

No. 142: Challenging Barriers - 11/05 California's more expansive definition of disability provides protection for more people than federal law

No. 141: Restoration Drama - 10/05 The heavy burden of producing documents in electronic discovery has caused courts to reconsider the traditional allocation of costs

No. 140: Advice and Counsel - (Legal Ethics credit) - 9/05 Lawyers providing nonlegal business advice to their clients face the risks of defending claims under standards of ordinary negligence

No. 139: Catalyst for Change - 7-8/05 The California Supreme Court has clarified the definition of "successful party" entitled to private attorney general fees under the catalyst theory

No. 138: 2004 Ethics Roundup - (Legal Ethics credit) - 6/05 High-profile controversies set the tone for developments in legal ethics in 2004

No. 137: Access Hollywood - 5/05 In determining whether arrangements of otherwise unprotectable elements are subject to copyright, the Ninth Circuit seems to give great weight to access

No. 136: Tales of Two Courts - 4/05 Legal changes in marital status can have a dramatic impact on existing estate plans

No. 135: Expert Declarations - 3/05 Attorneys must balance the necessity of giving an adequate narrative statement on an expert witness declaration with the preservation of the work product privilege

No. 134: Screened Out - (Legal Ethics credit) - 2/05 Courts have distinguished between private and public sector attorneys when ruling on the acceptability of ethical screens to avoid conflicts of interest

No. 133: Delay of Game - 1/05 One of the thorniest issues in delay and disruption litigation is the quantification of actual damages

No. 132: Private Eyes - (Legal Ethics credit) - 12/04 Attorneys need to work closely with private investigators to ensure compliance with the Private Investigator Act and the Rules of Professional Conduct

No. 131: Bad Compromises - 11/04 Ambiguity over the right to correct drafting errors and what constitutes a reasonable offer has undermined the effectiveness of Section 998

No. 130: Fair Hearing - 10/04 Agencies have discretion and flexibility in determining what procedural safeguards are necessary for an administrative adjudication

No. 129: Behavior Modification - (Legal Ethics credit) - 9/04 Existing rules and laws proscribe offensive conduct directed toward opposing counsel as well as the court

No. 128: Licensed to Bill - 7-8/04 The courts have carved out exceptions to the rule that contractors who are not licensed at all times during a project can be denied compensation

No. 127: Second Acts - 6/04 Section 1101(b) permits allegations of criminal and civil wrongdoing to be supported by prior or subsequent acts otherwise excluded by the Evidence Code.

No. 126: Code Breaking - 5/04 The anticircumvention provisions of the DMCA have withstood all constitutional challenges to the sanctions against code breakers.

No. 125: Multiple Choice - 4/04 Successfully navigating California's choice of law tests requires as much art as science.

No. 124: 2003 Ethics Roundup  - (Legal Ethics credit) - 3/04 The new rules promulgated in response to recent financial scandals threaten the traditional relationship between attorneys and clients.

No. 123: Undesignated Hitters - 2/04 When employees are used as witnesses, practitioners need to carefully consider whether the employees will be offering expert testimony or undesignated lay opinions.

No. 122: In a Class of Their Own - 1/04 Recent interpretations of civil rights laws have provided federal courts with potential jurisdiction over virtually any local land use decision.

No. 121: Unsuitable - 12/03 An antisuit injunction is a viable alternative to the unpredictability of motions to dismiss for forum non conveniens.

No. 120: Searching Far and Wide - 11/03 Counsel can challenge a questionable extraterritorial search, although they face an uphill battle.

No. 119: Uncivil Forfeitures - 10/03 Does the recent reform of federal civil forfeiture laws adequately address the potential for injustice?

No. 118: Back SLAPP - 9/03 Recent court decisions have expanded the reach of the anti-SLAPP statute in unexpected directions.

No. 117: Death of a Litigant - 7-8/03 Civil claims surviving a litigant's death may send counsel into the unfamiliar territory of probate court.

No. 116: Unwelcome Opinions  - (Legal Ethics credit) - 6/03 Are opinions on the application of law being improperly admitted in attorney breach of fiduciary duty cases?

No. 115: Preemptive Strike - 5/03 Does the Central District's interpretation of federal copyright preemption standards endanger state claims for misappropriation of ideas?

No. 114: 2002 Ethics Roundup  - (Legal Ethics credit) - 4/03 Recent corporate scandals are playing a major role in shaping the future of legal ethics.

No. 113: Waiting for the Dust to Settle - 2/03 Creditors that agree to a settlement of a debt may find that the payment constitutes a preference in a subsequent bankruptcy proceeding.

No. 112: Defective Solutions - 1/03 Legislation intended to encourage the resolution of condominium defect disputes may inhibit effective association management.

No. 111: For Your Eyes Only  - (Legal Ethics credit) - 12/02 California can clarify the confusion surrounding the law of confidentiality with a new rule of professional conduct.

No. 110: High Accountability - 11/02 The Sarbanes-Oxley Act increases executive liability for SEC filings by eliminating the need to establish actual knowledge of wrongdoing.

No. 109: Uncertain Appeal - 10/02 Neither federal nor state courts have rendered a final ruling on the enforceability of expanded judicial review provisions in arbitration agreements.

No. 108: No Assurances - 9/02 Insurance coverage for the events of September 11 will hinge upon the interpretation of often ambiguous policy language.

No. 107: Harassment Measures - 7-8/02 Recent court decisions have more sharply defined the contours of sexual harassment and provided a means of minimizing employer liability. 

No. 106: Ethics Roundup 2002 - 6/02 Old issues and new forms of practice defined developments in legal ethics in 2001. 

No. 105: Five Cases That Shook Hollywood - 5/02 What court cases make Hollywood's A-list? 

No. 104: Rickety Shelters - 4/02 Taxpayers have a unique opportunity to limit their exposure to the consequences of controversial tax-sheltered transactions.

No. 103: Tied to the Stake - 2/02 Trends in federal securities fraud legislation and case law may not fully protect attorneys from the reach of common law negligence claims.

No. 102: In the Land of Aas  - 1/02 The California Supreme Court has ruled that damages from construction defects must be manifest in order to bring a tort cause of action.

No. 101: The Costly Client - 12/01 Lawyers representing themselves risk losing the opportunity to recover attorney's fees.. 

No. 100: Expert Grilling - 11/01 To prevent experts in legal malpractice cases from wielding undue influence, counsel must crack their facade of impartiality and reliability. 

No. 99: Personnel Impact - 10/01 Technology companies facing layoffs must navigate through a complex set of state and federal laws protecting employees. 

No. 98: By Any Other Name - 9/01 No matter what workers are called, their status and treatment as employees are subject to a variety of fact-based tests. 

No. 97: Partners in Law - (Elimination of Bias credit) - 7-8/01 California's new Domestic Partnership Registration Act may aid same-sex partners in providing a legal basis for their life relationships.

NO. 96: 2000 Ethics Roundup  - (Legal Ethics credit) - 6/01 Last year's court decisions affecting legal ethics clarified the duties of lawyers to clients and nonclients alike. 

NO. 95: Magnificent Exceptions  - 05/01 Despite its seemingly absolute language, the Statute of Frauds is riddled with exceptions. 

NO. 94: Minding Your O's and P's - 4/01 U.S. immigration law provides special visa categories to facilitate the entry of foreign entertainers into the country.  

NO. 93: Time Bandits - (Legal Ethics credit) - 3/01 Attempts by lawyers to pad hours can often be uncovered by a careful examination of billing statements.

NO. 89: Will Power - 11/00 With good communication and effective education most will contests can be resolved short of a trial. 

NO. 88: Stock in Trade - 10/00 To achieve maximum advantages for the company and recipients, an equity compensation plan must comply with a host of securities and tax laws. 

NO. 87: Bonus Points - (Legal Ethics credit) - 9/00 Bonus provisions agreed to by attorneys and their clients will likely be enforceable if the agreement clearly delineates an "extraordinarily favorable result". 

NO. 86: Choice Locations - 7-8/00 While public policy favors the enforcement of contractual choice of law provisions, practitioners need to be mindful of the general exceptions. 

NO. 85: Who's the Client? - (Legal Ethics credit) - 6/00 Last year's court decisions on lawyer conflicts of interest have handed attorneys an array of sometimes conflicting rules. 

NO. 84: 1999 Ethics Roundup - (Legal Ethics credit) - 5/00 Court decisions in 1999 make is clear that a risk management strategy is a lawyer's best method of preventing ethical liabilities. 

NO. 83: Children of Fortune - 4/00 High-earning entertainers may be able to avoid the use of the statutory guidelines when calculating child support payments. 

NO. 82: About Face - 3/00 Does the 1992 amendment to Code of Civil Procedure Section 1008 violate the doctrine of separation of powers? 

NO. 80: Staying Clean - 1/00 To avoid problems with the IRS, tax advisers need to consider the imprecise distinctions between environmental remediation costs that can be expensed and those that must be capitalized. 

NO. 79: Stopping the Merry-Go-Round - 12/99 The choice between California and federal preclusion law can determine the outcome of a second action. 

NO. 78: Put Up or Shut Up - 11/99 An understanding of the shifting burdens of production is central to arguing summary judgment motions. 

NO. 77: The Untouchables - 10/99 The Foreign Sovereign Immunity Act has failed to provide practitioners with a blueprint for resolving conflicts involving foreign nations and their instrumentalities. 

NO. 76: On to a Higher Court - 9/99 The outcome of an appeal will often depend on important strategic decisions that must be made soon after the notice of appeal. 

NO. 75: Firing at Will - 7-8/99 Has the Green decision opened the floodgates for the use of wrongful termination litigation to achieve public policy goals? 

NO. 63: Ruling on the Rules - (Legal Ethics credit) - 6/98 While 1997 was a busy year for the development of legal ethics, no dramatic departures from precedent emerged. 

NO. 60: An Indiscriminate Measure - (Elimination of Bias credit) - 3/98 Now that Proposition 209 has survived judicial scrutiny, considerable litigation to determine its scope and reach can be expected. 

NO. 57: Wise Deductions - (Law Practice Management credit) - 12/97 The deductibility of a lawyer's educational expenses may be more questionable than you think.  

NO. 46: For What It's Worth - 12/96 Recent California rules that allow the buying and selling of law practices have opened up opportunities for small firms and solo practitioners.  

NO. 42: Golden Rules - (Legal Ethics credit) - 7-8/96 A series of decisions and opinions issued in 1995 provides lawyers with clear guidance through ethical minefields.  

NO. 24:  A Firm Grip (unwinding law firm partnerships)  - 12/94  Not available online.  For a free copy, please call Los Angeles Lawyer at (213) 896-6503.

NO. 6:  Turning Over Client Files - (Legal Ethics Credit) - 2/93  Not available online.  For a free copy, please call Los Angeles Lawyer at (213) 896-6503.

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