Cozen O’Connor: State Attorneys General

State Attorneys General

The State AG Report Blog

COVID-19 Fake Cures | Accuracy in Debt Collection Reporting | North Carolina AG Reelected

This week's update includes the following, and more:

  • Just Called: Incumbent Attorney General Wins Second Term in North Carolina
  • Democratic Attorneys General Association Announces New Leadership Team
  • FTC Continues to Battle Flood of Fake COVID-19 Cures
  • Alleged Price Gouging at the Pump

View the weekly update.

As their state’s chief legal officer, state attorneys general (AGs) wield broad ity to investigate and take action on virtually any subject and in any industry. With the increasing use of the office as a springboard for higher political ambitions, AGs across the country are continuing to grow in prominence, power, and influence. Any company that hires employees, makes or sells a product, offers a service, conducts marketing, or engages with consumers may be subject to scrutiny by an AG.

Cozen O’Connor was one of the first firms to establish a team dedicated to representing clients in AG investigations and litigation, and counselling clients on state AG matters. Our attorneys work at the cutting edge of issues of critical importance to AGs, including antitrust, cybersecurity, data privacy, consumer protection, the environment, and labor laws. We serve a wide range of clients, from nimble start-ups to Fortune 50 companies. With more than 40 years’ experience, and backed by the resources of an AmLaw Global 100 firm, we help companies analyze and interpret AGs’ interests and understand how those interests inform their enforcement and policy priorities. We actively engage in dialogue with AG offices and regularly attend AG events and meetings to advocate on our clients’ behalf. Our team is nationally recognized for our deep understanding of how every AG office operates and our relationships in the AG community. When AGs, either alone, in multi-state actions, or jointly with federal agencies, focus their attention on a company’s activities or business practices and an investigation or lawsuit ensues, we have the experience and knowledge to mount a vigorous defense.

Members of the Cozen O’Connor State AG Group have served both in senior government and in-house positions, providing us with a unique perspective and ability to assist our clients. We have first-hand experience in the formulation of policy positions and long-standing professional relationships with key decision-makers. We also appreciate the imperatives of business, and are focused on achieving practical solutions that align with our clients’ long term strategic business goals.

Our services include:

  • Establishing and maintaining dialogue with AGs
  • Anticipating and crafting creative solutions to address state AG and federal agency policy positions that impact clients
  • Minimizing litigation exposure
  • Defending vigorously against AG investigations and lawsuits

As the internet has revolutionized business, whole industries such as transportation, gaming, energy, financial services and hospitality have been turned on their heads by new entrants, new technologies, and new ways of doing business. We have particular experience working with clients to address the “square peg, round hole” issues brought by innovators in these “disrupted” industries, as well as in other industries such as banking, software and technology, pharmaceuticals, telecommunications, and nutritional and dietary supplements.


State AGs can be powerful allies, or indeed adversaries, when it comes to causes and issues their constituents care about. Our team formulates and executes multi-pronged outreach and advocacy efforts to educate AGs and encourage action that supports our clients’ business goals. Based on our in-depth knowledge of policy, state law, and individual AGs’ priorities, we focus on those AGs where there is alignment with our clients’ business objectives. We aim to control and shape our clients’ narrative, before someone else does.

State AGs can have a significant impact on the outcome of litigation as amici. Our team regularly works with clients to identify state AG champions who would have a stake in Supreme Court cases affecting their interests and have secured AG amicus support in the U.S. Supreme Court in many landmark cases, including Concepcion, Twombly and linkLine.


As the chief consumer protection advocates in their states, AGs regularly investigate and take enforcement action against businesses under their states’ unfair, deceptive, and abusive practices laws (commonly referred to as UDAP laws). Our team has successfully resolved investigations and other enforcement actions involving all 50 states and the District of Columbia in connection with alleged violations of consumer protection laws involving sales, marketing, pricing, and labeling of products and services. On behalf of our clients, we also regularly work with consumer protection staff within state AG offices to address consumer complaints and resolve potential disputes before they escalate to lengthy and expensive litigation or investigations.

We also have extensive experience advising clients in antitrust matters involving state and federal competition enforcers, particularly as federal agencies have begun coordinating and undertaking joint actions with their AG counterparts. Our lawyers regularly handle investigations and high-stakes litigation involving state AGs and the Federal Trade Commission (FTC), Department of Justice (DOJ), and Consumer Financial Protection Bureau (CFPB). We regularly clear mergers with AG antitrust enforcers, and have represented clients with respect to the largest mergers in the telecommunications and pharmaceutical industries.


With a deep bench of experience defending actions brought by AGs, our team defends companies facing civil investigative demands, subpoenas, and lawsuits. Given today’s rapid escalation in active enforcement, AG action can result in critical business exposure. AGs may act alone, as part of a multi-state action, or in concert with other federal regulators such as the DOJ, FTC, CFPB, FCC, and SEC, as well as Congress. We have represented clients in large and complex “bet-the-company” suits that often present novel legal issues and involve coordinated action by numerous AGs. We work with our clients to facilitate favorable outcomes throughout the entirety of a matter from document collection, review and production, discovery, pre-trial motions, settlement negotiations, and, if necessary, trial.


Enforcement of data protection and privacy laws has become an area of intense focus for AGs in recent years. We advise companies in the retail, finance, healthcare, credit card, telecommunications, pharmaceutical, and other industries on cybersecurity, data privacy, and information security matters before AGs. We conduct data breach counseling, represent clients facing AG scrutiny for their data management practices, assist clients in navigating the complex data breach notification process, and help resolve AG inquiries into data loss. We also conduct internal investigations and counsel clients with respect to the legal, political, and public relations issues that result from data breach incidents.




COVID-19 Fake Cures | Accuracy in Debt Collection Reporting | North Carolina AG Reelected [The State AG Report Blog]

November 19, 2020

2020 AG Elections Just Called: Incumbent Attorney General Wins Second Term in North Carolina North Carolina AG Josh Stein (D) won reelection in a closely watched race over Jim O’Neill (R) by a margin of 51% to 49.9%. AG Stein, first elected in 2016, will serve his second term in office....

$60 Million Pest Control Settlement | Sotheby’s Alleged Tax Dodge | More Zoom Security Scrutiny [The State AG Report Blog]

November 12, 2020

2020 AG Elections New Leadership Team at the Republican Attorneys General Association The Republican Attorneys General Association (“RAGA”) announced the election of the leadership team for its Executive Committee for 2021, which will be led by Chairman Georgia AG Chris Carr, Vice-Chairman...

AG Elections Roundup | FTC Requires Medical Device Divestiture | Aetna Data Breach Settlement [The State AG Report Blog]

November 05, 2020

2020 AG Elections Ten AG elections were held on November 3, 2020. As of this writing, six incumbent AGs won their elections, and Republicans held the open-seats in Indiana and Montana. In the two undecided races, Democratic incumbents in North Carolina and Pennsylvania are narrowly leading...

2020 Election Impact | Waste Management Merger Antitrust Concerns | NAAG Consumer Protection Conference Highlights [The State AG Report Blog]

October 29, 2020

Breaking News A Preview of How the Presidential Election Will Influence the Agendas of State Attorneys General Cozen O’Connor’s State Attorneys General Practice Member Sean Riley penned an alert analyzing the effect of the presidential election on state AGs’ agenda. In the alert, Riley lays...

The Race for the White House 2020 State AG Responses to a Trump or Biden Victory [Alert]

October 29, 2020

Sean Riley discusses the likely impacts of a continuation of the Trump presidency or a new Biden/Harris administration on AGs’ priorities and areas of focus in the policy and enforcement arenas.

Google Sued over Antitrust Allegations | Preview of 2020 AG Races | Delay of Generic Humira Challenged [The State AG Report Blog]

October 22, 2020

2020 AG Elections A Primer on 2020 State Attorneys General Elections Jerry Kilgore, a Member of Cozen O’Connor’s State Attorneys General Practice and former Virginia AG and Secretary of Public Safety, penned an alert analyzing state AG races across the country. In the alert, General Kilgore...

2020 State Attorney General Elections at a Glance [Alert]

October 22, 2020

Jerry Kilgore discusses the state AG races taking place across the country, the outcomes of which will have a profound impact on their states’ constituents and businesses.

Twitter Dinged on Political Advertising | California’s Mini-CFPB | Hospital System Settles Data Breach [The State AG Report Blog]

October 15, 2020

Antitrust FTC Orders Divestment of Gas Stations to Avoid Harming Competition in Local Markets The Federal Trade Commission (“FTC”) issued an order requiring energy company Arko Holdings Ltd. and its subsidiaries (collectively “Arko”) to divest certain assets after determining that its proposed...

Airline Passengers’ Rights | Fake COVID-19 Cures | Unlicensed Debt Collection Agency Sued [The State AG Report Blog]

October 08, 2020

COVID-19 NAAG: Airline Industry Customers Deserve Stronger Consumer Protections The National Association of Attorneys General (“NAAG”) sent a letter to congressional leaders urging Congress to strengthen consumer protections for airline industry customers. The letter, signed by a bipartisan...

Precious Metals Scam | R, D AGs Weigh In on Pipelines | $60 Million Surgical Mesh Settlement [The State AG Report Blog]

October 01, 2020

COVID-19 AG Coalitions Tackle PPP, Price Gouging Concerns Eighteen Democratic AGs, led by Illinois AG Kwame Raoul, sent a comment letter to the Small Business Administration (“SBA”) opposing the SBA’s proposed rule governing the appeals process for Paycheck Protection Program (“PPP”) loans,...

Multimillion Charity Scam | Data Privacy Risks of Fertility App | Lexis Settles Whistleblower Complaint [The State AG Report Blog]

September 25, 2020

Charities Alleged Scammers Collected Tens of Millions of Dollars for Fake Charities Minnesota AG Keith Ellison, New Jersey AG Gurbir Grewal, New York AG Letitia James, Virginia AG Mark Herring and the Federal Trade Commission (“FTC”) reached a settlement with Mark Gelvan, multiple companies...

AG Climate Change Suits Continue | Dunkin’ in Hot Water | CFPB and States Settle with Student Lender [The State AG Report Blog]

September 17, 2020

2022 AG Elections Challenger Takes on Texas Incumbent Attorney General Joe Jaworski, former Mayor of Galveston Texas, announced his intention to seek the Democratic nomination for Texas AG to challenge Republican incumbent AG Ken Paxton in the 2022 election. For more AG election news,...

As State Level First Responders, AGs Contend with New Challenges in Response to COVID-19

June 30, 2020

Christopher J. Allen discusses state AGs wielding their legal, political, and policy-making ity and increasing enforcement to protect consumers, enhance data privacy and security, eliminate price-gouging, and combat false claims for payment to state ities.

Pennsylvania Attorney General Announces Nursing 凯发登录苹果版下载home Criminal Investigations [Alert]

May 15, 2020

Danielle Sapega discusses the Pennsylvania attorney general's investigation into nursing 凯发登录苹果版下载homes, the Department of Health's guidance for nursing 凯发登录苹果版下载homes, and the governor's executive order granting immunity to health care workers.

Demand for Information-Sharing Platforms Has Soared, Raising Privacy Concerns With Regulators [Alert]

April 22, 2020

Lori Kalani and Ann-Marie Luciano discuss privacy and data security issues state AGs are investigating and what technology companies can do to prevent these issues.

AGs on the Front Line of the COVID-19 Consumer Protection Fight [Alert]

March 12, 2020

Christopher Allen discusses how Attorneys General (“AGs”) are manning the front line in keeping consumers from becoming victims of scams, abuse, or fraud using the powers they have wielded for decades across a wide range of industries to combat deceptive and misleading claims and unfair business practices.

Avoiding Online Scams in the Time of Coronavirus [Alert]

March 12, 2020

Trevor McGuinness discusses ways to avoid email scammers and hackers who may use the coronavirus as a way of accessing computers and personal information.

Recent AG and FTC Enforcement Actions Provide Guidance on Data Security Best Practices [Infographic]

February 10, 2020

More and more companies are experiencing crippling data breaches. We analyzed recent state Attorney General and FTC enforcement actions to identify eight data security best practices that companies can adopt to mitigate the likelihood of a breach which can be found in this infographic.

State Attorney Activism and Enforcement Trends

February 03, 2020

Ann-Marie Luciano, Chris Allen, and Bryan Mosca published an article in Bloomberg Law on February 3, 2020, sharing their observations on trends in state Attorney General activity in 2019, and the enforcement priorities they expect to see AGs focus on in 2020.

State Attorneys General Antitrust Enforcement: Trends and Insights

August 26, 2019

Milton Marquis, Ann-Marie Luciano & Keturah Taylor published an article highlighting the growing role of State Attorneys General utilizing their antitrust ity on a national scale through multistate action and co-enforcement activity with their federal counterparts.

INSIGHT: State AGs Targeted Opioids in 2018, Wider Trends Predicted for 2019 [Bloomberg Law]

February 20, 2019

Ann-Marie Luciano and Jawaria Gilani discuss the State Attorneys General actions relating to opioids in 2018 and predict enforcement trends for 2019.

The Beltway Briefing Road to the 2018 Midterm Elections - Special General Election Edition

October 30, 2018

On this podcast, Cozen O'Connor Public Strategies Managing Partner Howard Schweitzer and Former Virginia Attorney General and member of the Cozen O’Connor State AG group Jerry Kilgore join Blake Rutherford to discuss the highlights of key incumbent and open seat races in the 31 State AG elections in 2018.

Federal Trade Commission Guidance to Multi-Level Marketing Companies [Today's General Counsel]

October 17, 2018

An article ed by JB Kelly and Bryan Mosca has been published in the most recent quarterly issue of Today’s General Counsel.

New Jersey’s U.S. Supreme Court Victory for Legalized Sports Betting [New Jersey Law Journal]

June 01, 2018

Bryan Mosca, a member of Cozen O'Connor's State Attorneys General practice and Mark Quist, a law clerk of the firm's State Attorneys General practice, wrote about the implications of the gaming industry with legalized sports gambling in New Jersey.

GNC Lawsuit: Dietary Supplement Companies Can Adapt to Focus of State AGs [Natural Products Insider]

August 31, 2016

Lori Kalani and Chris Allen discuss the implications of the Oregon State AG's lawsuit against GNC for the dietary supplements industry.

Be Prepared When a State Attorney General Calls [Natural Products Insider]

January 06, 2016

Lori Kalani and Maria Colsey Heard discuss AG investigations in, "Be Prepared When a State Attorney General Calls."

Recent Developments in State Attorneys General Enforcement [The Urban Lawyer]

June 10, 2015

Bernard Nash, Ann-Marie Luciano and Bryan Mosca discuss new investigatory and policy activity among state attorneys general.

2017 Guide to State Attorneys General [Map]

May 05, 2015

The guide includes information on attorney generals in all 50 states, the District of Columbia, Commonwealth, and Territories of the United States, including a photos, year first elected or appointed, political party affiliation, leadership positions and brief background summaries.

Events & Seminars

Past Events

Health Law 2020

December 04, 2019 - Philadelphia, PA

Beyond the First Step Act

May 22, 2019 - Washington, D.C.

CTeL Executive Telehealth Fall Summit 2017

November 30, 2017 - Washington DC

2017 Association of Corporate Counsel Annual Meeting

October 15, 2017 - Washington, D.C.

State CPA Society ED/CEO and Managing P/MD Summit

October 03, 2017 - Westlake, TX

Cybersecurity Workshop

September 27, 2017 - Tampa, FL

FinTech Policy Roundtable Fly-In

September 07, 2017 - Washington D.C.

2017 Consumer Protection Conference

February 02, 2017 - Atlanta, GA

2016 SupplySide West Conference

October 05, 2016 - Las Vegas, NV

Will You Be Ready If An AG Calls?

December 07, 2015 - Washington, D.C.

In The News

63 Cozen O’Connor Lawyers, 16 Practices Earn Top Recognition in Chambers USA 2020 Guide

May 14, 2020

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 63 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2020 edition.

Recent AG and FTC Enforcement Actions Provide Guidance on Data Security Best Practices

January 08, 2020

Ann-Marie Luciano and Jawaria Gilani published an article in the January 8 edition of CyberSecurity Law Report setting out practical steps companies can take to reduce the likelihood of a data breach.

States Press Ahead With Privacy Laws Even as Congress Stalls

December 23, 2019

Lori Kalani, co-chair of Cozen O’Connor’s State Attorneys General practice was quoted in a Bloomberg Law article discussing the cascading effect likely to result from the enactment of California’s new privacy laws and other actions by state attorneys general to hold companies accountable for collection and use of consumer data.

Bryan Mosca Discusses Increasing Role of State AGs in Employment Law Enforcement

December 06, 2019

On December 6, Bryan Mosca, a member of the State Attorneys General Practice, participated in a panel together with labor industry experts from Harvard Law, Chicago-Kent College of Law, and the Arise Worker Center at the Institute for Law and the Workplace Employment Law Conference in Chicago, IL.

Big Tech Antitrust Probes to Stretch States’ Limits

November 06, 2019

Bernard Nash and Lori Kalani were quoted in Bloomberg Law, discussing the strain that antitrust probes of Alphabet, Inc.’s Google and of Facebook, Inc. may place on the budgets of state Attorneys General already handling resource-intensive investigations and suits relating to opioids and drug-price fixing.

Exxon’s Climate-Change Accounting Goes on Trial

October 21, 2019

Bernie Nash, co-chair of the firm’s State Attorneys General Practice, is quoted in a Wall Street Journal article describing the upcoming courtroom showdown between Exxon Mobil Corp. and New York’s Attorney General over how the oil industry accounts for the impact of climate change.

As the Litigation Funding Industry Grows, So Do Efforts to Control It

July 11, 2019

Lori Kalani was quoted in The American Lawyer about attorneys general and state agencies taking action against litigation funders under state consumer protection laws.

State Attorneys General Joined in 9 Legal Causes in May—Likely a Record Number

June 03, 2019

Bernie Nash discussed with Corporate Counsel the legal causes that state attorneys general pushed during the month of May.

The FTC’s Retooled Data Security Orders

May 10, 2019

JB Kelly spoke with FTC Watch about the FTC’s April 24, 2019, settlement orders in cases against ClixSense and i-Dressup.

57 Cozen O’Connor Lawyers, 16 Practices Earn Top Recognition in Chambers USA 2019 Guide

April 25, 2019

Chambers USA, the leading annual guide to the top lawyers and law firms in the USA, has ranked 57 Cozen O’Connor lawyers as leaders in their respective fields in the Guide’s 2019 edition.

Experts Predict 2019 Will Be Most Aggressive Year Yet for State Attorney General Litigation

February 08, 2019

Bernie Nash and Lori Kalani discussed with Corporate Counsel which sectors may see more aggressive scrutiny from state attorneys general in 2019, the kinds of actions corporations can expect to see, and how to be prepared.

18 Cozen O'Connor Attorneys Named New York Metro Super Lawyers and Rising Stars

September 21, 2018

Super Lawyers has named 17 Cozen O'Connor attorneys to its 2018 New York Super Lawyers and Rising Stars list. Twelve were recognized as Super Lawyers and five were named "Rising Stars."

126 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 22, 2018

One hundred twenty-six Cozen O’Connor lawyers from 20 of the firm’s national offices have been selected for inclusion in the 2018 edition of The Best Lawyers in America.

Fifty Cozen O’Connor Attorneys Ranked by Chambers USA 2018

May 21, 2018

Cozen O’Connor is pleased to announce that Chambers USA has recognized 50 Cozen O’Connor attorneys for 2018 as leaders in their respective fields; 12 attorneys were recognized nationally and 14 were ranked in the top band either nationally or at the state level.

The ‘people’s lawyers’ v. the POTUS

May 02, 2018

Bernard Nash and Lori Kalani, co-chairs of Cozen O’Connor’s State Attorneys General practice, were quoted in the Chicago Daily Law Bulletin regarding the trend of state AGs bringing lawsuits against the federal government, from the Reagan administration to the present.

AGs Join Forces to Help Consumers; Get Votes

February 22, 2018

JB Kelly, of Cozen O’Connor’s State AG group, was featured in the American Financial Services Association’s Newsbriefs highlighting his remarks at AFSA’s first Law & Compliance Symposium about how AGs develop their investigations against companies.

State Attorneys General Group Launches Election Tracker Covering All Primary and General State AG Races

February 13, 2018

Thirty states plus the District of Columbia will hold elections for State AG this year, including at least ten open-seat races. AGs appointed by governors or legislatures may change in an additional five states in 2018.

State AG Practice Opens Virginia Office

January 03, 2018

The Virginia team will be headed by Jerry W. Kilgore, a member of Cozen O’Connor’s State AG practice and former Virginia State Attorney General. Cozen O’Connor’s State AG group is one of the largest and oldest state AG practices in the nation, with a focus on AG-facing investigations, litigation, outreach, and policy.

A.G. and Antitrust Law Pioneer: Bernie Nash '66

November 09, 2017

Bernie Nash, co-chair of Cozen O'Connor's State Attorneys General practice, was featured in Brooklyn Law School's alumni notes.

SupplySide West Podcast 59: Dissecting State AG Activities in Dietary Supplement Industry

September 19, 2017

Lori Kalani, co-chair, and Jerry Kilgore, a member of Cozen O'Connor's State Attorneys General practice, joined Josh Long of Natural Product Insider for his podcast.

100 Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 23, 2017

Lawyers were selected for inclusion in the 2018 edition based on a rigorous peer-review that has been developed and defined for more than 30 years.

How Law Firms Can Prepare For More State AG Actions

June 29, 2017

Bernie Nash and Lori Kalani, both members of Cozen O'Connor's State Attorneys General practice, discuss how law firms can prepare for more State AG actions in Law360.

Cozen O’Connor Earns Client Recognition in 2017 Chambers USA Rankings

May 26, 2017

Chambers USA recognized 47 Cozen O’Connor lawyers as leaders in their respective fields; 14 attorneys were recognized nationally and 11 were ranked in the top band.

Cozen O’Connor’s State Attorneys General Practice to Be Honored for Excellence in Legal Coverage of State AG Issues

May 22, 2017

Cozen O’Connor’s State Attorneys General practice group has received the Burton Award’s first “Blog of the Year Award in Law.” The national awards program is held in association with the Library of Congress and co-sponsored by the American Bar Association.

Interview of Massachusetts AG Maura Healey by Cozen O'Connor Shareholder Lori Kalani

April 25, 2017

Lori Kalani, co-chair of Cozen O’Connor’s State Attorneys General practice, recently had the opportunity to speak to Massachusetts Attorney General Maura Healey about her efforts in concert with other AGs challenging the Trump Administration in several key policy areas, as well as her other priorities and issues of focus as an attorney general.

Cozen O’Connor Promotes 17 Attorneys to Membership

April 03, 2017

The management committee is pleased to welcome a particularly qualified group to membership, composed of outstanding attorneys who have demonstrated remarkable professionalism, leadership, dedication, and loyalty to the firm and the legal community at large.

Jerry Kilgore’s Addition to Cozen O’Connor’s State Attorneys General Practice Featured in National Media

February 28, 2017

The expansion of Cozen O’Connor’s leading State Attorneys General practice with the addition Jerry Kilgore has been profiled by The National Journal.

Cozen O’Connor Expands State Attorneys General Practice with Addition of Former Virginia State Attorney General Jerry Kilgore

February 27, 2017

Cozen O’Connor is pleased to announce that Jerry Kilgore has joined the firm’s State Attorneys General (AG) Practice as a member.

Sixty-Two Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 15, 2016

Sixty-two Cozen O’Connor lawyers from 13 of the firm’s national offices have been selected for inclusion in the 2017 edition of The Best Lawyers in America.

Herbalife Settles with FTC and Illinois Attorney General’s Office

July 18, 2016

Cozen O’Connor’s State Attorneys General Practice represented Herbalife International, Inc. and Herbalife International of America, Inc. in separate settlements with the Federal Trade Commission (FTC) and the Illinois Attorney General’s Office.

Cozen O’Connor Earns Client Recognition in 2016 Chambers USA Rankings

May 27, 2016

Chambers USA recognized 41 Cozen O’Connor lawyers as leaders in their respective fields; 12 attorneys were recognized nationally and 11 were ranked in the top band.

Lori Kalani Discusses Dietary Supplement Industry

January 22, 2016

Lori Kalani, a member of Cozen O'Connor's State Attorneys General practice, discusses last years investigation into the Nutritional Supplement Industry and their steps moving forward.


Bernard Nash

Co-Chair, State Attorneys General

(202) 471-3406

Lori Kalani

Co-Chair, State Attorneys General

(202) 471-3407


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