Practice Groups

MOVING FORWARD
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International Trade Commission (ITC)
Brinks By the Numbers

Brinks has seasoned litigators who collectively have participated in 90 investigations before ITC, covering the full breadth of possible causes of actions, including:

  • Patent Infringement
  • Trade secret misappropriation;
  • Copyright infringement;
  • Trademark infringement;
  • Gray market goods/parallel imports;
  • Trade dress; and
  • Other unfair trade causes of action.

Brinks has over 135 attorneys and patent agents whose backgrounds span over 30 different technology areas.

ITC investigations often involve products and companies based outside the United States.  Having attorneys and litigation support team members fluent in multiple languages increases the effectiveness of the litigation team and enhances attorney-client relationship. Brinks has attorneys and patent agents who are fluent in a dozen different foreign languages, Cantonese, French, German, Italian, Japanese, Korean, Mandarin, Polish, Romanian, Russian, Spanish and Taiwanese.

BRINKS OFFERS AN INSIDER’S PERSPECTIVE

Brinks’ ITC attorneys include a former ITC Administrative Law Judge and a former ITC employee who served in the Office of General Counsel and Office of the Chairman.  They provide Brinks’ clients with the advantage of understanding the ITC process from the inside.  

LITIGATING BEFORE THE ITC

The ITC offers an attractive forum for both domestic and internationally-based owners of U.S. intellectual property rights, providing accelerated procedures and powerful remedies to stop infringing imports at the border and to halt further sales for products already in the country.

However, actions brought before the ITC are subject to complex statutory requirements and procedural rules. Therefore, whether you are seeking to enforce your rights against imported products or you are defending against charges of unfair trade practices, it is important to have experienced attorneys who understand not only the substantive areas of unfair trade practice law and the technology at issue, but also have experience navigating the Commission's unique set of rules and procedures.  

BRINKS OFFERS ADDITIONAL ITC AND TRADE RELATED COUNSELING

Our attorneys also have in-depth experience in the ITC’s other trade remedy proceedings: antidumping and countervailing duty investigations; safeguards investigations and China safeguards investigations.

Brinks attorneys have experience before U.S. Customs and Border Protection (CBP) and have handled numerous Customs matters related to Section 337 and IP enforcement. We have represented our clients in forfeiture and seizure actions before CBP when trademark infringement issues arise.  CBP also enforces ITC exclusion orders.  CBP affords parties an opportunity to file advanced ruling requests to determine the classification of imported goods – and whether a redesigned product is covered by an existing ITC exclusion order.  Our attorneys have filed numerous advanced ruling requests with CBP over the years. 

Our attorneys also have experience in ITC exclusion order enforcement actions where we have represented our clients in enforcement proceedings before Customs and on appeal to the U.S. Court of International Trade, having appeared before the Court of International Trade in over 25 cases involving Customs and international trade issues.

Forward Thinking
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On May 22, 2017, the Supreme Court of the United States issued a decision in TC Heartland LLC v. Kraft Foods Group Brands LLC (Case No. 16-341) altering the landscape of venue for patent infringement litigation...

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As part of its annual “Special 301” identification and review of countries that deny adequate and...

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In Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc., the Federal Circuit discussed the non-appealable...

 

Press Releases

CHICAGO—Patent attorney Fei Hu, most recently senior legal counsel for processing chipmaker ARM Ltd., is joining intellectual property law firm Brinks Gilson & Lione in Washington DC.

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Earlier this month, the Federal Circuit held a software-based patent to be eligible under 35 U.S.C. § 101 in...

in the media
On September 20, 2016, Washington D.C. Counsel, Carl Charneski, wrote a guest post for Law360 entitled, "Do All Roads Lead To The ITC?" Please visit here to read.
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In recent months, the Ninth Circuit and Fourth Circuit have issued important rulings about how the Lanham Act, ...

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On September 15, Carl Charneski will present, "Demystifying the Recent Decisions and Appeals ...

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For nearly a century, U.S. federal courts have struggled with the “metaphysical quandary” involved in determining ...

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On July 25, 2016, the Federal Circuit, in In re Magnum Oil Tools Int’l, reversed the final decision of an inter partes ...

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On June 23, the United Kingdom (UK) voted to exit the European Union (EU) – a decisive move whimsically known ...

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The U.S. Court of Appeals for the Federal Circuit recently ruled in Amgen Inc. v. Apotex Inc. that a biosimilar-product ...

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The Federal Circuit, in an en banc decision, held that to be “on sale” under pre-AIA § 102(b), a product must be the ...

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On June 21, 2016, the Federal Circuit, in Immersion Corp. v. HTC Corp., held that a patent application filed as a continuation of an earlier application on the issue date of the earlier application has been “filed before the patenting” of the earlier application, and therefore is entitled to the earlier application’s filing date under 35 U.S.C. § 120...

in the media
On June 9, 2016, Law360 published an article written by  Counsel, Carl C. Charneski entitled, “A Former ALJ’s View of Witness Statements at the ITC.” Please visit here for link.
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On June 10th, Brinks will be hosting the IPO ITC Masterclass, a one-day program examining developments ...

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President Obama signed into law yesterday the Defend Trade Secrets Act, establishing for the first time an ostensibly uniform national trade secret protection standard...
 

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Brinks is sponsoring the IP Strategy Summit: Washington, DC, taking place on Tuesday, June 7, 2016 at the Park ...

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On April 25, 2016, the Supreme Court heard oral arguments in a case, Cuozzo Speed Technologies, LLC v. Lee, No. 15-446, that seeks to determine whether the Patent Trial and Appeal Board...

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Suggestions to amend or abolish 35 U.S.C. § 101 of the Patent Act are increasing in light of the number of software and biological patents...

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Brinks is sponsoring the CenterForce IP Enforcement Summit in Chicago, IL, on Tuesday, April 12th, 2016

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On March 31, 2016, the Federal Circuit issued an Order denying Petitions for Rehearing En Banc filed by the U.S. International Trade Commission and intervenor Align Technology, Inc.

multimedia

Lyle Vander Schaaf discusses the scope of Brinks' International Trade ...

in the media

On November 2, 2015 Lyle Vander Schaaf and Carl Charneski were mentioned in the Law360 ...

in the media

On August 28, 2015 Brinks Gilson & Lione was mentioned in IPPro. The article notes the addition of ...

publication

On August 12, 2015 Lyle Vander Schaaf and Shen Wang’s article, “Fed. Circ. Breaks Impasse On ITC Authority In ...

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Yesterday, the Federal Circuit, in an en banc review, held that the U.S. International Trade Commission’s interpretation of its authority regarding induced patent infringement was reasonable. Based on this ruling, the Commission will be able ...
in the media
On August 11, 2015 Lyle Vander Schaaf was quoted in the Law360 article, “Fed. Circ.’s Suprema Ruling Seals ITC Loopholes, Attys Say.” Click here to read more.
Press Releases
CHICAGO—Chambers USA, an annual guide to the world's best lawyers and law firms, has elevated intellectual property law firm Brinks Gilson & Lione to Band 1 for IP law firms in Illinois, its highest designation. Four individual ...
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At a Lunch and Learn Workshop at the Fairmont Chicago, Mircea Tipescu and Jeff Catalano will be presenting “Utilizing the ITC in Your Enforcement Strategy.” The session will explore how companies can use the rapid pace and global ...
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On May 5, 2015 Lyle Vander Schaaf's article, 'Battling Grey Market Imports? The ITC is Here to Help,' was published ...

Press Releases
CHICAGO—Laura Beth Miller and Janet A. Pioli, two stand-out intellectual property attorneys and shareholders at Brinks Gilson & Lione, have been named by Leading Lawyers to its list of the Top 10 Women Intellectual Property Lawyers in ...
in the media
On March 23, 2015 Brinks was mentioned in the Law360 article, 'Law360 Reveals Largest IP Boutiques.' Click here to read more.
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On March 19, 2015 Carl C. Charneski and Lyle Vander Schaaf will present 'Utilizing the ITC in Your Enforcement Strategy” at this year’s IP Enforcement conference Lunch ‘n’ Learn event. The conference takes place at the ...
Press Releases
CHICAGO—Carl C. Charneski, an attorney at Brinks Gilson & Lione and a former Administrative Law Judge at the U.S. International Trade Commission (ITC), was a featured presenter at the 7th Annual Advanced Forum on ITC Litigation & ...
Press Releases
CHICAGO—The U.S. International Trade Commission (ITC) continues to be an “attractive tribunal in the age of highly complex intellectual assets and global competition,” says James R. Sobieraj, president of Brinks Gilson & Lione, ...
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Lyle Vander Schaaf and Mircea A. Tipescu will be speaking at the IP Strategy Summit at the Affinia Manhattan Hotel in New York. They will present a special Lunch and Learn seminar entitled “How the ITC can Bolster Your IP ...
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On November 6, 2014 Carl Charneski will participate in an AIPLA panel in Washington D.C., which will also be broadcast to the Chicago office of Brinks Gilson & Lione. The panel will examine the International Trade Commission (ITC) and the ...
in the media
On October 27, 2014 Lyle Vander Schaaf was quoted in Providence Business News in the article, 'Rubik’s Cube trademark outlives craze as U.S. seeks 1980s relief.' Click here to read more.
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Laura Beth Miller and Scott Slavick will be speaking with Erin Lothson, Corporate Counsel of IP at Groupon, at the IP Strategy Summit on October 8 at the Fairmont Chicago. They will be speaking at the 9:45 a.m. session, entitled “Pins, ...
Press Releases
CHICAGO—Brinks Gilson & Lione has been named Trade Law Firm of the Year: USA by Lawyer Monthly in its Legal Awards 2014 edition, principally on the strength of its International Trade Commission practice group, which includes 35 attorneys ...
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Ryan Marshall will be speaking to attendees at the Outdoor Industry Association’s Outdoor Retailers Summer Market on August 8, 2014. His presentation, “Chase the Grey Away!  Combating Grey Market Goods in the ITC”  ...
Press Releases
CHICAGO—Yuezhong Feng, Ph.D., an intellectual property attorney at Brinks Gilson & Lione, has been named by Lawyers of Color to its second annual Hot List, which recognizes early-to mid-career attorneys of color who have achieved ...
in the media
Brinks was mentioned in the Law360 article, '12 Firms Are The Full IP Package, In-House Counsel Say,' on July 6, 2014. Twelve firms were chosen based on corporate counsel surveyed in the new Intellectual Property Outlook report ...
in the media
Jay H. Reiziss, Charles M. McMahon and Jeffrey J. Catalano were mentioned as counsel in the Law360 article, 'ITC Judge Says Nokia, ZTE Didn't Lift 3G/4G Technology,' on June 16, 2014. Click here to read more.
in the media
Laura Beth Miller, a litigator at intellectual property law firm Brinks, Gilson & Lione and co-chair of its international trade commission practice group, participated in the interactive program, “Settling Patent Infringement Actions: ...
Press Releases
CHICAGO—Brinks Gilson & Lione, one of the largest intellectual property law firms in the United States, has again this year received high recognition in Chambers USA's annual rankings of the nation's law firms, once more placing in ...
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In two opinions issued on June 2, 2014, the Supreme Court rejected the Federal Circuit’s claim definiteness and indirect infringement tests, and reversed the Federal Circuit’s holding in each case. In Nautilus, Inc. v. Biosig ...
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Laura Beth Miller, Mircea A. Tipescu and Hersh H. Mehta will be featured presenters at The IP Strategy Summit on May 13, 2014, in Chicago. Mircea will be a panelist for the session “Defending Against NPEs” at 10:45 am. At a special Lunch ...
publication
Laura Beth Miller is featured in 'Female Powerbrokers Q&A: Brinks' Laura Beth Miller,' in Law360 on May 8, 2014. In the profile, Ms. Miller answers questions about her practice, the challenges of being a woman at the senior ...
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This morning, the U.S. Supreme Court changed the legal test for awarding attorney fees, issuing decisions in Octane Fitness, LLC v. ICON Health & Fitness, Inc. and Highmark Inc. v. Allcare Health Management System, Inc.  In Octane ...
Press Releases
CHICAGO—Intellectual property attorney Laura Beth Miller, a shareholder at Brinks Gilson & Lione and co-chair of the firm's International Trade Commission (ITC) practice group, has won a 2014 Women in the Law Award from international ...
Press Releases
CHICAGO -- Brinks Gilson & Lione, one of the nation’s largest intellectual property law firms, has announced the 2014 chairpersons of its legal and industry practice groups and geographic task forces. The firm added a new practice group ...
Press Releases
ANN ARBOR - Brinks Gilson & Lione, one of the largest intellectual property law firms in the U.S., announces the third edition of its intellectual property law primer, The Basic Principles of Intellectual Property Law, is now available in ...
publication
Lyle Vander Schaaf's Q&A was published in 'Trade & Customs,' Lawyer-Monthly.com, in January 2014.
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On December 13, 2013, a divided Federal Circuit panel reversed the U.S. International Trade Commission and held that the section 337 statute does not authorize the ITC to adjudicate any investigation under which the theory of infringement is based ...
Press Releases
CHICAGO—Laura Beth Miller, an attorney and shareholder at the Chicago office of intellectual property law firm Brinks Gilson & Lione and chair of the firm's International Trade Commission (ITC) practice group, has been listed in the ...
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On November 13, Carl C. Charneski will be moderating “How Is The U.S. International Trade Commission Faring In Today's Regulatory Climate?” at the NLJ Regulatory Summit in Washington, DC.
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Ralph Gabric will speak on a panel on Tuesday, November 12 entitled “Enforcement’s Role in Your IP Strategy: A Balanced Approach.” The panel will explore the ability to build a balanced enforcement strategy that ties into overall ...
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The Eastern District of Texas conducted its 17th Annual Bench Bar Conference last week in Plano, TX. The Eastern District traditionally has used this forum to discuss potential changes to the local rules or introduce model orders, particularly in ...
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Brinks attorney Robert Mallin will speak on a panel on Tuesday, October 15 entitled “Enforcement Post AIA: How Will it Impact IP Strategy?” The panel will explore:  District Courts vs ITC Which forum to select How will it ...
publication
Lyle Vander Schaaf wrote “Why ITC Is Still A Good Venue For Patent Disputes” for the August 8, 2013 issue of Law360. Click here to read more.
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On July 4, Carl C. Charneski will be speaking at the Creative Economy & Intellectual Property Conference 2013 in Seoul, Korea.  
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On June 20, Carl C. Charneski will be speaking at the San Diego Intellectual Property Law Association June 2013 Dinner meeting in San Diego, CA. 
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On May 29, Laura Beth Miller and Carl C. Charneski will be speaking at The IP Strategy Summit: Enforcement in Washington, D.C. Ms. Miller will be speaking on the panel “Standard Essential Patents (SEPs) and Your Enforcement ...
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On April 19, 2013, the U.S. International Trade Commission (ITC) published Final Rules of Practice and Procedure (78 Fed. Reg. 23474-487). The final rules amend certain rules concerning general application (19 C.F.R. 201) and rules concerning ...
Press Releases
CHICAGO – With the America Invents Act fresh on the minds of intellectual property attorneys nationwide, the Illinois Institute for Continuing Legal Education (IICLE) has published its 2013 edition of Intellectual Property Law as part of its ...
book

Three Brinks attorneys authored chapters in the 2013 edition of the Intellectual Property ...

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On February 15, Ryan L. Marshall and Carl C. Charneski will be moderating panel discussions. Mr. Charneski will be moderating the panel "Practicing Before the ITC," and Mr. Marshall will be moderating the, "University ...
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Brinks Gilson & Lione--one of the largest IP firms--offers its glimpse into three significant developments for 2013: At the ITC: New Commissioners, New OUII Leadership, Major FRAND Ruling Patent Eligibility for Computer-Implemented ...
Press Releases
CHICAGO – Brinks Gilson & Lione has added four new attorneys as chairs of its firm-wide practice groups and formed two new task forces to focus on intellectual property legal services to clients in Germany and Brazil. Appointees include ...
Press Releases
CHICAGO – Thirty-eight attorneys from Brinks Gilson & Lione have been named in the 2013 Super Lawyers Illinois Edition, in the categories of Intellectual Property, Intellectual Property Litigation, and Alternate Dispute Resolution ...
publication
Carl C. Charneski and Tiffany W. Shimada penned “Does Louis Vuitton's Recent Victory at the US International Trade Commission Mark that Tribunal as a Viable Alternative to District Court? ” for the December/January issue of World ...
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On October 30, Carl C. Charneski will be moderating the panel, "ITC Bench Q&A: Claim Construction and the Markman Hearing" at ACI's Managing Complex ITC Litigation conference in San Francisco, CA.
publication
Carl C. Charneski wrote “Have ‘Public Interest Factors’ Finally Come of Age at the ITC?' for the September/October 2012 issue of World Intellectual Property Review. Click here to read.
Press Releases
CHICAGO – Eighteen attorneys from intellectual property law firm Brinks Gilson & Lione have been named as leaders in intellectual property law in the 2013 edition of The Best Lawyers in America, the oldest and most respected peer-review ...
Press Releases
CHICAGO – Brinks Gilson & Lione, one of the largest intellectual property law firms in the United States, has announced the addition of six legal professionals in its Chicago office: Betsy J. Derwinski, Eric D. Babych, James G. DeRouin, ...
Press Releases
CHICAGO – The 2012 Super Lawyers Business Edition has named 24 attorneys from Brinks Gilson & Lione in the categories of Intellectual Property and Intellectual Property – Litigation respectively. The following Brinks attorneys are ...
Press Releases
CHICAGO – Leading Lawyers Network has named 54 attorneys from Brinks Gilson & Lione, one of the largest intellectual property law firms in the United States, as 2012 Leading Lawyers in intellectual property in Illinois for 2012. The roster ...
publication
Carl C. Charneski penned “Impact of the AIA on Patent Litigation: Changes That May Affect Your Choice of Forum,” for the May/June 2012 issue of Landslide. Click here to read more.
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On June 8, 2012, the U.S. International Trade Commission issued the public version of its April 27, 2012, Opinion in Certain Ground Fault Circuit Interrupters and Products Containing Same, Inv. No. 337-TA-739. This investigation was instituted on ...
Press Releases
CHICAGO – Brinks Gilson & Lione has been ranked among the top U.S.-based patent law firms in Intellectual Asset Management’s inaugural IAM Patent 1000: The World’s Leading Patent Practitioners. The rankings are based on ...
Press Releases
CHICAGO – For the tenth consecutive year, Brinks Gilson & Lione has been named among the top intellectual property law practices in Illinois in the annual Chambers USA: America’s Leading Lawyers for Business. In addition, Brinks ...
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On June 12, Carl C. Charneski will participate on the panel, "Judicial Perspectives on NPE Litigation" at the IP Litigator's Advanced Summit on NPE Litigation, How to Successfully Defend Against Complex IP Infringement Claims ...
publication
Lyle Vander Schaaf and Raquel C. Rodriguez penned “Federal Circuit Affirms $11 Million Penalty for Deliberate Evasion of ITC Remedial Orders,” for the June 2012 issue of the Oxford University Journal of Intellectual Property Law & ...
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At the beginning of 2012, Brinks Gilson & Lione welcomed James R. Sobieraj as the firm's new president. Please click here for a personal message from Jim, as well as details on the growth of the firm.
publication
Carl C. Charneski penned “Selecting a Forum: ITC Versus District Court,” for the September/October 2011 issue of World Intellectual Property Review. Click here to read.
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Carl C. Charneski penned “Infringement Litigation: ITC or District Court?” for the October 2011 issue of IP Today.
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Carl C. Charneski is interviewed in the September 2011 Metropolitan Corporate Counsel article “Former ITC Judge Brinks Wealth of Experience to Private Practice.”
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This article first appeared in Section 337 Reporter - Sixth Annual Summer Associate Edition, 2008. The article is posted with permission from the ITC Trial Lawyers Association.
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Laura Beth Miller co-authored 'Finding A Common Language With Clients In Patent Litigation: Discussion Points for Foreign Clients and their U.S.-Based Counsel,' for the January 2008 American Intellectual Property Law Association ...
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This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
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