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• Blog
  • 2025
    • July
      • Qlarant, Novitas Audits Escalate as Medicare Skin Substitutes Spending Hits $1.6 Billion, CMS Seeks Evidence of Clinical Effecti
    • June
      • Texas Senate Bill 1318: New Non-Compete Rules for Physicians, Dentists, Nurses & PAs
      • GLP-1 Shortage Ended: Can You Still Legally Prescribe or Compound Semaglutide and Tirzepatide?
      • Recent Healthcare Fraud Enforcement Actions in Texas: Nine Cases Result in $12+ Million in Recoveries
      • How Texas Business Owners Can Prevent Alter Ego Claims
    • May
      • How Long Does a Judgment Last in Texas?
      • Texas HB 3749: What IV Hydration Clinic Owners Need to Know
      • Are Non-Compete Agreements Banned in Texas?
      • Shielding Your Assets: How Texas LLC Owners Can Protect Against Veil-Piercing Claims
      • Legal Remedies for Physicians When Medical Billing Companies Fail to Perform
      • Texas Senate Bill 29: New Business Liability Protections and Governance Reforms for SMBs
      • The DEA’s New Telemedicine Rules on Prescribing Controlled Substances
      • 8 Things to Look for When Choosing the Right Outside General Counsel for Your Small Business
    • April
      • Hendershot Cowart P.C. Represents Industrial Services Company in $13 Million Private Equity Acquisition
      • What to Do When Your Business Partner is Stealing from the Company
      • Texas Senate Bill 378, a.k.a. the "Botox Party Bill", and Its Impact on Existing Medical Regulations
    • March
      • Influencers & Content Creators: Protect Yourself at Work
      • Private Equity and the Corporate Practice of Medicine: What Texas Physicians Need to Know
      • Responding to Suspected Embezzlement, Misappropriation: A Texas Business Owner's Guide
      • FinCEN Removes Beneficial Ownership Reporting Requirements for Texas-Based Businesses
      • FDA Update: Current Guidelines for Semaglutide and Tirzepatide Compounding
      • Enforcing Out-of-State and Foreign Judgments in Texas
      • FTC Announces Task Force To Target Non-Compete Agreements; Pauses Appeal to Bring Back Nationwide Ban
      • Texas Attorney General Using Deceptive Trade Practices Act to Enforce AI, Data Privacy: How This Impacts Texas Businesses
      • Texas Inheritance Laws: A Comprehensive Guide
      • Your Employee Lawyered Up. Now What? Best Practices for Contractors Following a Worksite Injury
      • Client Update: Treasury Department Suspends Enforcement of Corporate Transparency Act
    • February
      • Receiverships in Texas: An Overlooked Option for Complex Dispute Resolution
      • Acting NLRB General Counsel Rescinds Non-Compete Memoranda
      • Small Business Owners: The CTA’s Beneficial Ownership Reporting Requirements Are Back With a March Deadline
      • Timeline: What Happens After Breaking a Non-Compete Agreement in Texas
    • January
      • Legal Alternatives to Breaking a Non-Compete Agreement in Texas
      • CMS Updates 60-Day Rule for Medicare Overpayments
      • Major Changes to Texas Medical Board Rules: What Healthcare Providers Need to Know
      • Texas Healthcare Providers Paid $21.3 Million to Resolve Stark Law Violations in 2024
      • Checklist: Texas Employment Agreements for Out-of-State Employers
      • 2025 OSHA Penalties by Classification
  • 2024
    • December
      • Hendershot Cowart’s Top 10 Most-Read Law Blog Articles of 2024
      • OSHA Updates Construction PPE Requirements with New Proper Fit Mandate
      • Novo Nordisk Urges FDA to Ban Compounded Semaglutide – What Weight-Loss Clinic Owners Need to Know
      • Federal Court Blocks Corporate Transparency Act: What This Means for Business Owners
    • November
      • Selling Your Small Business in Texas: What to Expect and When to Start Planning
      • Medical Directorships Under Increased Scrutiny for Stark Law, AKS Compliance
      • Family Members Living With Dementia: Guardianship and Guardianship Alternatives
      • Does Bankruptcy Nullify Existing Contracts? What Non-Debtors Need to Know About Executory Contracts and Contract Rejection
      • NLRB to Employers: Make Sure Non-Competes Are Lawful, Or Compensate Employees For Financial Harm
      • Texas Medical Board to Physicians: Respond to TMB Complaints On Time
    • October
      • OSHA Severe Violator Enforcement Program: 5 Things Employers Should Know
      • IRS Increasing Audits on Complex Partnerships: What High-Income Taxpayers Need to Know
      • Hendershot Cowart P.C. Sponsors Breakfast with Houston Mayor John Whitmire
      • Business Owners Beware: Why Ignoring a Lawsuit Is Worse Than Losing
    • September
      • IRS Auditing High-income Taxpayers Over Business Aircraft Improperly Allocated For Personal Use
      • Commercial Payers, Medicare Push Physicians, Patients to ASCs
    • August
      • Healthcare Billing Fraud: 10 Recent Cases
      • Federal Court Stops FTC Non-Compete Ban Nationwide
      • Hendershot Cowart Attorneys Recognized in 2025 Editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch in Ameri
      • Can I Duplicate my Med Spa Business Model Across State Lines?
      • OSHA's Controversial Walkaround Rule
    • July
      • U.S. News Ranks Top Texas Ambulatory Surgery Centers
      • Watch Out for These 5 Subtle Ways Physicians, Facilities Can Violate the Anti-Kickback Statute
      • Hendershot Cowart P.C. Recognized Among Houston Chronicle’s Best of the Best
      • Dentists: Is Your DSO Registered with the State of Texas?
    • June
      • Whistleblower Lawsuits Results in $15 Million Settlement for Prominent Houston Surgeons
      • Does the FTC Non-Compete Ban Apply to Non-Solicitation Clauses Too?
      • Using Cease-and-Desist Letters To Stop Copyright or Trademark Infringement
      • Texas Governor Announced Judges for New Statewide Business Courts
      • Hendershot Cowart Secures Victory for Texas Business in Breach of Contract Case
      • 7 Types Of Corporate Reorganization
      • FinCEN to U.S. Small Businesses: Report Beneficial Ownership Information to Stop Bad Actors
      • FTC Non-Compete Ban Timeline
      • Life After the FTC Ban: Alternatives to Non-Competes
    • May
      • OSHA Updates Hazard Communication Standard, Effective July 19
      • How Will the FTC Ban on Non-Competes Impact the Healthcare Industry?
      • Safety Training & OSHA Compliance For Temporary Workers – Whose Duty Is It?
    • April
      • FTC Votes To Adopt Final Rule To Ban Non-Compete Agreements
      • Retaining Key Employees in M&A Transactions
      • Do Cosmetic Injections Involve The Practice Of Medicine?
      • Billing Mistakes For Medicare Annual Wellness Visits Cost Providers
    • March
      • What Is OSHA's Definition of a “Willful” Work Safety Violation?
      • The Anatomy of an OSHA Citation
      • Stricter Than HIPAA: Is Your Substance Abuse Or Mental Health Program In Compliance With 42 CFR Part 2?
    • February
      • A Pharmacist's Guide To Prescription Drug Fraud Investigations
      • Federal Trade Commission Targeting Dietitians, Social Media Influencers Over Insufficient Disclosures
      • The Basics of Shareholder Agreements
      • DOL’s Legal Team & OSHA Step Up Enforcement for Repeat & Willful Violations
      • Doctors: Don’t Fall Victim to Telemedicine Fraud Schemes
    • January
      • What If My Texas Business Is Sued in Another State?
      • 7 Things Your Startup Needs to Know About Protecting and Defending Intellectual Property
  • 2023
    • December
      • TMB Cracking Down on IV Hydration
      • Small Business Owners: New Federal Reporting Requirements Start January 1
    • November
      • Should My Case Be Heard in State or Federal Court in Texas?
      • New Business Courts Coming to Texas
      • Fall Protection Leads List of Ten Most Common OSHA Violations for 13th Consecutive Year
      • How Does OSHA Prioritize the Worksites It Inspects?
    • October
      • OSHA's Five-Step Abatement Process
      • Rule 202: How Pre-Suit Depositions Can Benefit Your Lawsuit
      • Physicians: Diagnose & Document Therapeutic Necessity for IV Hydration Treatments
      • FTC on Alert for Blurred Influencer Marketing Targeting Teens & Children
    • September
      • Webinar Recap: Protecting Intellectual Property and Trade Secrets
      • New FTC Guidelines for Social Media Endorsements, Influencers
    • August
      • HIPAA & Telemedicine in TX: Are Audio-Only Telemedicine Services Allowed?
    • July
      • FTC Considers Rule to Ban Non-Compete Agreements Nationwide
      • Webinar Recap: Avoiding Employment Landmines – A Legal Guide to Hiring, Firing & Managing Employees
    • June
      • Client Alert: CMS, Qlarant Scrutinizing Claims for Skin Substitutes for Chronic Wound Treatment
      • NLRB Memo Asserts Most Non-Compete Agreements Violate the National Labor Relations Act
    • May
      • So, Your Business Has Been Sued. Now What?
    • April
      • Federal Notice for Employment Background Checks Updated
    • March
      • DEA Proposes Rules for Permanent Pandemic Telehealth Flexibilities
      • Does My Business Really Need an Employee Handbook?
      • Changing Jobs with a Non-Compete: What to Say and When?
    • January
      • Healthcare Compliance Programs: Keep Confidential and Clear Lines of Communication
  • 2022
    • December
      • Healthcare Providers: You May Be Liable for Billing Company Fraud, Negligence
      • What Is Injunctive Relief and How Can It Help my Business?
    • November
      • EKRA and COVID Testing: What Are the Consequences of Violating Federal Kickback Laws?
      • Shareholder Access to Books & Records in Texas – What Are My Rights?
    • October
      • 7 Telehealth Red Flags – OIG Shares Measures for Spotting Medicare Fraud
    • September
      • Texas ER Physicians Sue Insurer for Underpayment – Thousands of Claims at Stake
    • August
      • I Received a Cease-and-Desist Letter – What Should I Do Next?
      • How Is a Medical Practice Divided During Divorce?
    • July
      • Investing In or Opening an Ambulatory Surgery Center? Beware of State & Federal Regulations
      • Texas Employers: Know Your Commercial General Insurance Exclusions – Before an Accident
      • How to Contest an OSHA Citation – Be Aware of Deadlines, or Forfeit Your Right to Contest
      • Protecting Trade Secrets in Texas: How Do You Identify and Secure a Trade Secret?
      • Subrogation Defense for Contractors: What to Do When an Insurance Carrier Sues You
      • Sibling Abusing Power of Attorney?
    • June
      • Defrauded Out of an Investment?
      • Steps to Drafting Enforceable Non-Compete Agreements in Texas
      • Franchise Dispute Resolution: Can I Sue My Franchise?
    • May
      • Drafting Enforceable Non-Compete Agreements for a Remote Workforce
      • Whistleblowers and the EEOC: Don't Get Slapped With a Retaliation Lawsuit
      • Cannabis Tax Audit: Red Flags that Attract IRS Attention
      • Executor Mishandling the Estate? Watch for These Warning Signs:
    • April
      • How to Form an Anonymous LLC in Texas
      • Tax Preparers, CPAs at Risk as IRS Targets Abusive Tax Shelters
      • Am I Entitled to an Inheritance in Texas?
      • IRS Audit Help: A Business Owner’s Survival Guide
      • What Are Drag-Along Rights in a Shareholder Agreement?
      • Violations of OSHA General Duty Clause
    • March
      • How to Move Your Out-of-State LLC to Texas
      • Understanding OSHA's Multi-Employer Policy
      • What Are OSHA's Training Requirements?
      • OSHA’s Voluntary Training Guidelines
      • When an OSHA Inspector Shows Up at Your Business – The Do’s and Don’ts
      • Healthcare Providers: Watch Out for These 9 Medical Lease Mistakes
    • February
      • The Next 24 Hours: What Happens After You Report a Worksite Injury to OSHA?
      • Quarterbacking Your OSHA Defense After a Worksite Accident: When a Citation Is Only Part of the Problem
      • Contract Clear as Mud? What to Do When Contract Ambiguity Creates Conflict
    • January
      • What to Do When an Employee Is Injured at Work
      • The Defendant in My Lawsuit Filed for Bankruptcy: What Next?
      • New Stark and AKS Final Rules: Good or Bad for Medical Labs?
      • Buying a Business in Texas? Protect Yourself with These 5 Steps
  • 2021
    • December
      • Raising a Rogue Supervisor Defense to an OSHA Citation
      • Telehealth Fraud Alert: “Operation Happy Clickers” Targeting DME and Genetic Testing Telehealth Claims
      • The Most Dangerou Jobs in America – Annual Census Highlights Need for Workplace Safety & OSHA Compliance
      • Doing Business with a Client in Chapter 11 – Critical Facts for Critical Vendors
    • November
      • What Is the Best Legal Structure for Your Texas Medical Practice?
      • Can My Business Partner Push Me Out?
      • Stark Law Amendments for Group Practices to Take Effect Jan 1, 2022
      • 6 Things To Do When a Client Files for Bankruptcy
    • October
      • I Missed My Medicare Appeals Deadline – What Now?
      • I Was Sued in Court, But my Contract Calls for Arbitration. What Are my Options?
      • The Non-Physician’s Guide to Management Services Organizations in Texas
      • Do’s and Don’ts of the TMB Application Process: How to Handle a Past Indiscretion
      • How Do You Enforce a Judgment in Texas?
      • Attention Medical Labs and Doctors: OIG Issues Genetic Testing Fraud Alert
    • September
      • It's Inevitable! Former Employees Know Your Trade Secrets – Can the “Inevitable Disclosure” Doctrine Help You?
      • TMB or BON Complaint Filed Against You? Avoid These Two Risky Responses
      • Change Order or Clarification? Three Methods to Avoid Change Order Disputes in Construction
      • Defend Your IP: 7 Ways to Enforce Your Licensing Agreement After a Breach or Infringement
    • August
      • The Probate Process in Texas: A Step-by-Step Guide and FAQ
    • July
      • Buy-Sell Agreement Case Study: Partnership Dispute Ends in Buyout Triggered by Push-Pull Provision
      • How Much Are Your Trade Secrets Worth? Determining Damages When Trade Secrets Are Stolen
      • Physician-Owned Medical Buildings: Have Your Leases Outgrown Stark Exceptions Under the New Rule?
    • June
      • Setting Up an LLC – Why Do I Need an Attorney?
      • Free Phlebotomist in Your Medical Office? Be Aware of Stark and AKS Violations
      • Can a Non-Physician Own a Med Spa?
      • 5 Reasons M&A Transactions End Up in Litigation – and How to Reduce your Risk of Deal Disputes
    • May
      • Telehealth, Regulation & Rural Care — What CMS Nominee Chiquita Brooks-LaSure’s Confirmation Hearing Tells Us About the Future o
      • Ask the Attorney: My Contract Was Breached — What Happens Now?
      • Case Study: Protecting a Loved One’s Supplemental Needs Trust from a Predatory Caregiver
    • April
      • Are the New Value-Based AKS and Stark Rule Changes in Effect Now?
      • Prevent Lawsuits: 6 Tips to Protect your Business From Litigation
      • Could a Business Partner’s Divorce Derail Your Company?
    • March
      • Suspect a Sibling Is Taking Financial Advantage of Mom? Here’s What to Do
      • OSHA Launches “National Emphasis Program” to Protect Workers from COVID-19
      • What Is the Difference Between Arbitration and Litigation?
      • OSHA’s Top 10: The Most Cited Violations for FY 2020
      • Healthcare Start-ups: Beware of These Common Regulatory Risks
      • Legal Guardianship For Adults With Disabilities
    • February
      • Shareholder and Partnership Disputes: 5 Common Causes of Action in Litigation
      • Is a Federal Non-Compete Ban on the Horizon?
      • How Has COVID-19 Impacted Jury Trials in Texas?
      • Are Handwritten Notes on a Will Valid?
      • My Employee Was Contacted by the OIG. What Do I Do?
      • The Implied Duty of Good Faith & Fair Dealing in Texas
      • What Is “Discoverable” in Litigation? Documents, Email, and Communications to OSHA - A Valuable Lesson to Texas Employers
    • January
      • HHS Finalizes Highly Anticipated Stark Law, AKS Final Rules
      • UPIC Audit Appeal Stages
  • 2020
    • December
      • Case Study: Mitigating Medical Practice Split Ups with Enforceable Agreements and Recordkeeping
      • AIHA Recommends 7 Steps to Worker Safety as We Wait for Pandemic Conditions to Wane
      • Is My DME Business Safe from Health Care Fraud Allegations?
    • November
      • Stolen Trade Secrets: What Kind of Damages Can You Recover?
    • October
      • Medicare Fraud Strike Force: Two offices in Texas Targeting Fraud, Telehealth
      • An Undue Burden? The 5 Levels of Medicare’s Standard Appeals Process
      • Operating as a DBA? Filing an Assumed Name Certificate in Texas Does Not Protect Your Brand Name
    • September
      • Case Study: Construction Delay Dispute
      • Buying or Selling a Business? 4 Reasons Earn-outs Go Wrong (and How to Protect Yourself)
      • COVID-19 Testing Labs: Beware of the EKRA Law
      • Three Ways your Healthcare MSO May Be Violating the Prohibition against the Corporate Practice of Medicine (CPOM)
      • The Importance of Disclosure Schedules in M&A Transactions
      • Former Employee Stealing Clients? Texas Uniform Trade Secrets Act Can Protect You
      • 5 Ways to Keep the Peace Between Business Partners — And What to Do if a Battle Does Break Out
    • August
      • OSHA Training Guidelines for Employers
      • What Is a Fraudulent Transfer in Texas?
      • Challenging An OSHA Citation: The “Unavoidable Employee Misconduct” Defense
    • July
      • How Preemptive Rights Work in Texas
      • How to Protect Yourself in an OIG Enforcement
      • Medicare Audits and COVID-19
    • June
      • Enforcing Non-Compete Agreements Across State Lines
      • Health Care Fraud: Learn How to Protect Your Revenue and Reputation
    • May
      • How Employment Contracts Are Impacted by COVID-19
      • Partner Exit Strategies: Buy-Sell Agreements in the Age of Coronavirus
    • April
      • Getting Reinstated and Off the Medicare Exclusion List
      • Remote Work & IP: Protecting Your Trade Secrets
    • March
      • The Most Dangerous Jobs in Texas
      • COVID-19 Telemedicine Rules: Ensure Compliance to Protect Your Practice
      • Coronavirus Construction Delays & Disruptions: Managing Risks
      • Suing for Breach of Contract in Texas: What You Need to Know
      • Contract Nonperformance: Is Coronavirus a Force Majeure Event?
    • February
      • Commercial Construction Delay Claims: They’re Bigger in Texas
    • January
      • The True Cost of an OSHA Violation
  • 2019
    • August
      • Cooperation Credits: How Compliance Plans Can Help Your False Claims Act Defense
    • June
      • Stark, Health Care Fraud & Abuse Update: June 2019
      • Defending Breach of Contract Litigation and Arbitration
    • May
      • Adverse Peer Reviews, Complaints & The Texas Medical Board
      • What Are Business Torts? Texas Torts & Common Claims Explained
      • Check Your Lease: You Could Be in Violation of the Stark Law
      • The Importance of a Job Hazard Analysis
      • Reasons Why a Job Hazard Analysis Matters
      • How Group Practices Can Divide Income From Designated Health Services Under Stark
    • April
      • The Business Divorce: Split Up of a Closely Held Business in Texas
      • Red Flags in Health Care Transactions: What Puts Providers in Hot Water?
    • March
      • What Are The Defenses to Trademark Infringement?
    • February
      • Health Care Fraud Investigations: Anatomy of an OIG Investigation
      • Protection of Business Interests: 5 Ways to Prevent Potential Harm
      • Shareholder Oppression in Texas: 5 Claims to Consider
    • January
      • Starting a Family Business? Watch Out for These 5 Flash Points
      • Texas' Corporate Practice of Medicine Prohibition: 8 Things You Need to Know
      • Selling a Medical Practice to Non-Physicians: It's Not So Easy in Texas
  • 2018
    • December
      • Business Purchase Agreements & Breach of Contracts
      • Employer Defenses to an OSHA Citation
      • Investing in a Medical Practice? Be Aware of the Legal Risks
    • November
      • Document, Document, Document: Dealing with an OSHA Citation Before it Occurs
      • Health Care Fraud Basics: The Difference Between Stark & Anti-Kickback Laws
    • October
      • Landowner Liability: Hunting Leases, Waivers & the Texas Agritourism Act
    • September
      • OSHA Citation Classifications and Why They Are Important to Designing OSHA Compliance Programs
      • Hendershot Cowart P.C. Celebrate a 5th Circuit Court of Appeals Win
    • August
      • Why Medical Compliance Programs Fail & How to Fix Them
      • New Shareholder Announcement - Katie Cowart Has Become a Shareholder in Hendershot Cowart P.C.
      • I've Got a Compliance Plan, Now What? Current Compliance Issues for Medical Practices
    • July
      • What to Do When the Other Party Breaches the Contract
      • What Does the Yates Memo Mean to Your Practice's Compliance Program?
    • June
      • What Is Involved in a Healthcare Fraud Investigation?
    • May
      • The Stark Truth About the Stark Law
      • OSHA Citations: Focusing on Contesting the Classification Over the Fine
      • Breaking Up is Hard to Do: Dividing Medical Practice Assets
    • April
      • Understanding Texas Health Care Fraud Laws
      • Basics of Fiduciary Relationships: What Constitutes a Breach of Fiduciary Duty?
      • Stark Law Exceptions Explained
      • Top Mistakes Physicians Make in the Credentialing Process
      • What Do Those Letters Mean? A Corporate Alphabet Soup
    • March
      • Potential areas for disputes in construction contracts
      • An LLC Operating Agreement Helps Prevent Litigation Between Members
    • February
      • Anatomy of a False Claims Act Investigation
      • Infringement Allegations: Have You Been Threatened With a Patent or Trademark Lawsuit?
      • When a Business Dissolves, Who Owns the Trade Secrets and Other Intellectual Property?
      • The Different Types of Patent Infringement in Texas
      • Work for Hire Agreements - Who owns what?
    • January
      • Understanding your Fiduciary Duty Rights in Texas
      • Individual Shareholder Claims: Causes of Action for Oppression and Violation of Rights
      • How Physicians Accidentally Violate the Stark Law
  • 2017
    • December
      • The Hidden Impact of an OSHA Citation
    • November
      • Common Contracts Texas Businesses Use for Employees and Contractors
      • What to Do When Your Business' Confidentiality Agreement Is Violated
    • October
    • September
    • August
    • July
      • Of Counsel Attorney Raymond Kerr Announces Retirement
    • June
    • May
    • April
    • February
    • January
  • 2016
    • December
    • September
    • August
      • So You've Been Sued for Deceptive Trade Practices. Now What?
    • June
    • May
    • April
    • March
  • 2014
    • November
    • October
      • Why Your Work Site Needs a Job Safety Analysis (JSA)
    • September
    • August
      • The OSHA General Duty Clause (GDC)
    • June
    • May
  • 2013
    • November
      • Can Employers Be Held Responsible for Understaffing?
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  • FAQs
    • What is a Cease & Desist Letter?
    • What is the difference between an MSO and an MSA? With attorney Keith Lefkowitz
    • What makes a non-compete agreement enforceable in Texas?
    • What type of license do you need to open a med spa in Texas?
    • Are non-competes enforceable if the employee is laid off? With attorney Trey Hendershot
    • Can a non-physician own a med spa? Healthcare attorney Keith Lefkowitz explains.
    • Can an esthetician perform laser hair removal in Texas? With Keith Lefkowitz
    • How do you enforce a non-compete agreement in Texas?
    • I want to open a laser hair removal clinic, when should I hire an attorney?
    • What are the advantages of owning an MSO? With healthcare attorney Keith Lefkowitz
    • Physicians -- Do you need a special license to offer laser hair removal?
    • How Do I Identify the Right Outside General Counsel for My Business?
    • How Do I Involve an Outside General Counsel in My Business?
    • I Have In-House Counsel. Why Work With an Outside General Counsel?
    • Why Hire Outside General Counsel?
    • Comparing State vs. Federal Court in Texas
    • My Company Is Based in Texas. What Can I Do if I Get Sued in Another State’s Court?
    • What Are the Advantages of State Court Versus Federal Court?
    • When Can a Case Be Heard in Federal Court?
    • The Importance of Working with Legal Counsel with Both State and Federal Experience
    • Are Federal Courts More Powerful than State Courts?
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