Brunini Law

A Message from Brunini to our Clients and Friends (COVID-19)

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As we all work to address the growing personal and business challenges presented by COVID-19, Brunini wants to assure our clients, friends, and the public that we will continue providing top-notch legal services uninterrupted by the ongoing public health crisis.  The firm activated its business continuity policies and procedures some time ago, and we are taking every precaution possible to protect the health, safety and welfare of our clients, the entire Brunini Team and their families.  Among other protective measures:

  • Brunini lawyers and staff may work remotely and securely, as may be needed for each individuals’ circumstances, to ensure we continue to serve our clients’ legal needs without interruption;
  • Brunini has implemented enhanced cleaning efforts to protect our lawyers, staff, clients and families, and encourages safe practices and hygiene to minimize the person to person spread of the coronavirus;
  • For some time Brunini has limited non-essential travel of its lawyers and staff, and has established procedures for employees to self-monitor and self-quarantine in the event of potential exposure in high-risk areas; and
  • Brunini encourages social distancing in our practice, including promoting the use of remote meeting technology to help our lawyers and clients avoid unnecessary exposure to potential risks, and we are prepared to adjust our means of communicating as may be needed to suit clients’ specific needs and capabilities.

We recognize that our clients, friends, and the public are being impacted by this challenging public health crisis and are dealing with many difficult and novel business issues.  We are here to help with employment concerns, tax issues, insurance coverage questions or any other legal assistance you might need.  Contact information is available on our website (www.brunini.com), or you may call (601)948-3101 for assistance in reaching any member of our team.

BRUNINI NAMED “MISSISSIPPI FIRM OF THE YEAR” 2020 IN THE 2020 EDITION OF BENCHMARK LITIGATION

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Brunini, Grantham, Grower & Hewes, PLLC has been named “Mississippi Firm of the Year” in the 2020 edition of Benchmark Litigation. Brunini also made this year’s shortlist of Litigation Law Firm of the Year for Mississippi. Brunini is one of only four firms in Mississippi to achieve this honor.

Benchmark Litigation is a guide to America’s leading litigation firms and attorneys. Their results stem from the culmination of a research period that was conducted between March and November 2019, where researchers conducted interviews with litigators and their clients to identify the leading litigators and firms.

All winners were announced at a ceremony held on Thursday, Feb. 27, 2020 at the Pierre in New York. For more information on Benchmark Litigation’s 2020 US Awards, please click here.

Brunini Recognized by Super Lawyers

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16 Attorneys from Brunini were recently selected as 2019 Mid-South Super Lawyers and Mid-South Rising Stars.

2019 Mid-South Super Lawyers:

  • Matt Allen – Business Litigation
  • Lynne Green – Estate & Probate
  • William Trey Jones – General Litigation
  • David Kaufman – Business Litigation
  • Sam Kelly – Construction Litigation
  • James McCullough – Business Litigation
  • Patrick McDowell – Business Litigation
  • John Milner – Environmental
  • Watts Ueltschey – Real Estate
  • John E. Wade – Medical Malpractice: Defense
  • Ron Yarbrough – Construction Litigation

2019 Mid-South Rising Stars:

  • Cody Bailey – Construction Litigation
  • Lane Bobo – Medical Malpractice: Defense
  • William Drinkwater – Civil Litigation: Defense
  • Taylor McNeel – Business Litigation
  • Kyle Williams – Appellate

Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Since Super Lawyers is intended to be used as an aid in selecting a lawyer, we limit the lawyer ratings to those who can be hired and retained by the public.

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BEST LAW FIRMS 2020 RECOGNIZES BRUNINI

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Best Lawyers “Best Law Firms” 2020 has awarded Brunini in 32 tier-one rankings.

U.S. News – Best Lawyers “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients and peers. To be eligible for a ranking, a firm must first have a lawyer recognized in The Best Lawyers in America©, which recognizes the top 5% of private practicing lawyers in the United States. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.

  • Metropolitan Tier 1
    • Gulfport
      • Gaming Law
      • Land Use & Zoning Law
    • Jackson-MS
      • Administrative / Regulatory Law
      • Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
      • Bet-the-Company Litigation
      • Commercial Litigation
      • Communications Law
      • Construction Law
      • Corporate Law
      • Energy Law
      • Environmental Law
      • Litigation – Bankruptcy
      • Litigation – Construction
      • Litigation – Environmental
      • Litigation – Intellectual Property
      • Litigation – Land Use & Zoning
      • Litigation – Real Estate
      • Litigation – Securities
      • Litigation – Tax
      • Mass Tort Litigation / Class Actions – Defendants
      • Media Law
      • Mergers & Acquisitions Law
      • Natural Resources Law
      • Oil & Gas Law
      • Personal Injury Litigation – Defendants
      • Product Liability Litigation – Defendants
      • Real Estate Law
      • Tax Law
      • Trusts & Estates Law
    • Tupelo
      • Mass Tort Litigation / Class Actions – Defendants
      • Personal Injury Litigation – Defendants
      • Product Liability Litigation – Defendants
  • Metropolitan Tier 2 
    • Jackson-MS
      • Closely Held Companies and Family Businesses Law
      • Commercial Transactions / UCC Law
      • Employment Law – Management
      • Energy Regulatory Law
      • Legal Malpractice Law – Defendants
      • Litigation – First Amendment
      • Litigation – Labor & Employment
      • Mortgage Banking Foreclosure Law
      • Professional Malpractice Law – Defendants
      • Trademark Law
    • Tupelo
      • Commercial Litigation
  • Metropolitan Tier 3
    • Jackson-MS
      • Corporate Governance Law
      • Elder Law
      • Labor Law – Management
      • Litigation – Antitrust
      • Litigation – Trusts & Estates
      • Medical Malpractice Law – Defendants

National and metropolitan tier 1 rankings will be featured in the physical edition of U.S. News – Best Lawyers “Best Law Firms”, which will be distributed to more than 30,000 in-house counsel. The 2020 “Best Law Firms” rankings can be seen in their entirety by visiting bestlawfirms.usnews.com.

Best Lawyers is the oldest and most respected lawyer ranking service in the world. For almost 40 years, Best Lawyers has assisted those in need of legal services to identify the lawyers best qualified to represent them in distant jurisdictions or unfamiliar specialties. Best Lawyers rankings are published in leading local, regional, and national publications across the globe.

Brunini Recognized As Highly Recommended Firm by Benchmark Litigation 2020

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Brunini, Grantham, Grower & Hewes, PLLC has been recognized by Benchmarch Litigation 2020 as a Highly Recommended Firm in the state of Mississippi. Brunini is one of seven firms in the state to achieve this honor, with the following attorneys ranked as “Local Litigation Star,” “Future Star,” and “Labor & Employment Star” in their respective practice areas:

  • Cody Bailey – Future Star: Construction and General Commercial
  • Steve Carmody – Labor & Employment Star: Labor & Employment
  • Chris Fontan – Labor & Employment Star: Labor & Employment
  • William “Trey” Jones, III – Local Litigation Star and Labor & Employment Star: Appellate, Environmental, General Commercial, Labor & Employment, and Product Liability
  • David Kaufman – Local Litigation Star: Environmental, General Commercial, and Product Liability
  • Patrick McDowell – Local Litigation Star: Appellate, Environmental, General Commercial, and Intellectual Property

Benchmark Litigation is a guide to America’s leading litigation firms and attorneys. Their results stem from the culmination of a research period where researchers conducted interviews with litigators and their clients to identify the leading litigators and firms.

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ARE YOU READY (AGAIN)? – U.S. DOL FINALIZES EXPANDED EMPLOYEE OVERTIME ELIGIBLIITY RULES

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The United States Department of Labor (the DOL) has released its Final Rule that will broaden federal overtime pay regulations to cover up to 1.3 million additional workers who are currently exempt from overtime eligibility. The Final Rule updates the regulations governing which executive, administrative, and professional employees are entitled to minimum wage and overtime pay protections under the Fair Labor Standards Act (the FLSA).

The FLSA requires employers to pay its “non-exempt employees” overtime (1 ½ the workers’ “regular rate of pay”) for all hours worked in excess of forty (40) per week.  See 29 U.S.C. § 207.  The DOL’s regulations implementing the FLSA sets forth a variety of employment classifications that are “exempt” from the FLSA’s overtime requirement—including employees performing executive, administrative, and/or professional job duties.  Since the 1940’s, in order for an employee to qualify as an exempt “white collar” employee, he/she had to meet three “tests”:  (1) the employee must be paid a predetermined and fixed salary that is not subject to reduction because of variations in the quality or quantity of work performed; (2) the amount of salary paid must meet a minimum specified amount; and (3) the employee’s job duties must primarily involve executive, administrative, or professional duties (as defined by the regulations).

The DOL last updated these regulations in 2004, setting the minimum salary threshold at $455 per week (or $23,660 annually). In May 2016, the Obama-era DOL attempted change to the overtime rule that would have doubled the minimum salary level for the so-called “white collar” exemption from $23,660 to nearly $48,000 per year.  This proposal would have also increased the total annual compensation requirement needed to exempt “highly compensated employees” to $134,004 annually (previously set at $100,000), established a mechanism for automatically updating the minimum salary level every three years and allowed employers to use nondiscretionary bonuses and incentive payments to satisfy up to 10% of the new standard salary level.

The DOL’s new Final Rule, raises the minimum salary level for exempt employees to only $689 per week, or $35,568 annually.  The Proposed Rule does have many similarities to the 2016 proposal, including:

  • Allowing employers to count nondiscretionary bonuses and incentive payments (including commissions) to satisfy up to 10 percent of the standard salary level test (provided such bonuses are paid annually or more frequently);
  • Increasing the total annual compensation requirement needed to exempt “highly compensated employees” to $107,432 annually (of which $684 must be paid weekly on a salary or fee basis); and
  • Not proposing any changes to the standard duties test for the white collar exemptions.

The Final Rule will go into effect on January 1, 2020. Although the Final Rule does not become effective for several months, employers should be proactive and engage their legal counsel to begin planning for the change now.  Preparations should include auditing current practices and projecting the cost of change and FLSA compliance under the anticipated new framework. This includes evaluating the possibility and effects of significantly higher operating costs. Our professionals are available to discuss your organization’s current structure, as well as any steps needed to insure compliance with the ever-changing legal landscape facing employers.  Contact any one of our Labor & Employment Practice Group professionals with any questions concerning the upcoming transition.

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EEO-1 Component 2 Deadline Approaching!

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All private employers employing 100 or more employees and subject to Title VII must submit an EEO-1 report annually. Most federal contractors and subcontractors that employ 50 or more employees also are required annually to submit an EEO-1 report (however, only those federal contractors that employ 100 or more employees are required to submit Component 2 data).  If an employer fails to submit its EEO-1 report, under Section 709(c) of Title VII, the Equal Employment Opportunity Commission (EEOC) may compel an employer to file its EEO-1 report by obtaining an order from the U.S. District Court. Under Section 209(a) of Executive Order 11246, the penalties for failure of a federal contractor or subcontractor to comply may include termination of the federal government contract and debarment from future federal contracts.

The EEO-1 Report is a compliance survey mandated by Title VII of the Civil Rights Act of 1965 with amendments and administered by the EEOC and the U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP). The filing of Standard Form 100 is required by law. The Component 1 survey required companies to categorize employment data by race/ethnicity, gender and job category.

In addition to Component 1, employers are required to submit pay data (also known as Component 2 or EEO-2) as part of EEO-1 reporting to improve investigations of possible pay discrimination by gender, race or ethnicity. In 2019, a federal judge reinstated the revised EEO-1 Component 2 reporting provisions. As a result, the EEOC announced the reinstatement of the revised EEO-1: Pay Data Collection, which requires the collection and submission of 2017 and 2018 pay data (Component 2) by September 30, 2019.

The EEOC, in conjunction with NORC at the University of Chicago (an independent research institution) established a web-based portal for the collection of this information, which can be accessed at this address: https://eeoccomp2.norc.org/.  Additionally, the EEOC established a toll-free number to answer frequently asked questions through NORC at (877) 324-6214. You can also send email questions to EEOCcompdata@norc.org.

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BRUNINI WELCOMES DREW C. BIGELOW

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Drew C. Bigelow joined Brunini, Grantham, Grower & Hewes in August 2019. Prior to joining the Firm, Drew clerked for Judge Cory T. Wilson on the Mississippi Court of Appeals. Drew was one of only two law clerks employed by Judge Wilson before President Trump nominated Wilson to serve as United States District Court Judge for the Southern District of Mississippi. Drew also clerked for Chief Justice William L. Waller, Jr. prior to Waller’s gubernatorial campaign.

Drew received his Juris Doctor from Mississippi College School of Law in 2018, graduating magna cum laude. While in law school, Drew clerked for Judge Neil P. Olack on the United States Bankruptcy Court for the Southern District of Mississippi. Drew served on MC Law’s Moot Court Board and as Treasurer of MC Law’s Business Law Society. Drew earned numerous honors while at MC Law, including Dean’s List, the Mississippi Bar Litigation & General Practice Section Award, and the 2018 Writing Circle Award, as well as a number of American Jurisprudence awards for achieving the highest grade in a particular subject. Drew focused his efforts on topics relating to business and commercial law, earning the Business and Commercial Law certificate.

In 2014, Drew graduated from the University of Mississippi with a Bachelor of Accountancy and a minor in Management from the Patterson School of Accountancy. As a member of the Sally McDonnell-Barksdale Honors College and a Mississippi Eminent Scholar, Drew was a regular on the Chancellor’s and Dean’s Honor Rolls. Drew was also an active member in the Sigma Nu fraternity.

Drew belongs to Brunini’s Commercial department and focuses his practice in Corporate; Estate Planning; Trusts, Estates and Probate; Mergers & Acquisitions and Real Estate.

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Brunini Attorneys Recognized by Best Lawyers

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33 attorneys with Brunini, Grantham, Grower & Hewes, PLLC, were recently selected by their peers for inclusion in the 2020 edition of The Best Lawyers in America. Brunini lawyers were recognized in the following categories:

  • Administrative / Regulatory Law
    • Jackson, MS
      • John M. Flynt
      • Watts C. Ueltschey
  • Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
    • Jackson, MS
      • James A. McCullough II
  • Bet-the-Company Litigation
    • Jackson, MS
      • R. David Kaufman
  • Business Organizations (including LLCs and Partnerships)
    • Jackson, MS
      • Walter S. Weems
  • Closely Held Companies and Family Businesses Law
    • Jackson, MS
      • Lynne K. Green
      • William C. Penick IV
  • Commercial Finance Law
    • Jackson, MS
      • John M. Flynt
  • Commercial Litigation
    • Columbus, MS
      • J. Gordon Flowers
    • Jackson, MS
      • Sheldon G. Alston
      • Cody C. Bailey
      • R. Richard Cirilli Jr
      • William D. Drinkwater
      • Lynne K. Green
      • Karen E. Howell
      • William Trey Jones III
      • R. David Kaufman
      • Samuel C. Kelly
      • James A. McCullough II
      • M. Patrick McDowell
      • John E. Wade
  • Commercial Transactions / UCC Law
    • Jackson, MS
      • P. David Andress
      • John M. Flynt
      • Warren Ken Rogers
      • Walter S. Weems
  • Communications Law
    • Jackson, MS
      • James L. Halford
  • Construction Law
    • Jackson, MS
      • Cody C. Bailey
      • Samuel C. Kelly
      • Ron A. Yarbrough
  • Corporate Governance Law
    • Jackson, MS
      • Warren Ken Rogers
  • Corporate Law
    • Jackson, MS
      • John M. Flynt
      • Karen E. Howell
      • William C. Penick IV
      • Warren Ken Rogers
      • Walter S. Weems
  • Elder Law
    • Jackson, MS
      • Lynne K. Green
  • Employment Law – Management
    • Jackson, MS
      • Stephen J. Carmody
  • Energy Law
    • Jackson, MS
      • James L. Halford
      • Watts C. Ueltschey
  • Energy Regulatory Law
    • Jackson, MS
      • Watts C. Ueltschey
  • Environmental Law
    • Columbus, MS
      • J. Gordon Flowers
    • Jackson, MS
      • John E. Milner
      • Gene Wasson
  • Gaming Law
    • Biloxi, MS
      • Leonard A. Blackwell II
  • Health Care Law
    • Jackson, MS
      • R. Richard Cirilli Jr
      • William B. Grete
  • Labor Law – Management
    • Jackson, MS
      • Stephen J. Carmody
  • Land Use and Zoning Law
    • Biloxi, MS
      • Leonard A. Blackwell II
    • Jackson, MS
      • William D. Drinkwater
      • Karen E. Howell
  • Legal Malpractice Law – Defendants
    • Jackson, MS
      • R. David Kaufman
  • Litigation – Antitrust
    • Jackson, MS
      • R. David Kaufman
  • Litigation – Bankruptcy
    • Jackson, MS
      • James A. McCullough II
  • Litigation – Construction
    • Jackson, MS
      • Samuel C. Kelly
      • Ron A. Yarbrough
  • Litigation – Environmental
    • Jackson, MS
      • William Trey Jones III
      • John E. Milner
      • Gene Wasson
  • Litigation – First Amendment
    • Jackson, MS
      • Leonard D. Van Slyke, Jr.
  • Litigation – Intellectual Property
    • Jackson, MS
      • Stephen J. Carmody
  • Litigation – Labor and Employment
    • Jackson, MS
      • Stephen J. Carmody
      • Christopher R. Fontan
  • Litigation – Land Use and Zoning
    • Jackson, MS
      • Sheldon G. Alston
      • William D. Drinkwater
      • Karen E. Howell
  • Litigation – Real Estate
    • Jackson, MS
      • Sheldon G. Alston
      • William D. Drinkwater
  • Litigation – Securities
    • Jackson, MS
      • R. David Kaufman
      • M. Patrick McDowell
  • Litigation – Trusts and Estates
    • Jackson, MS
      • Leonard D. Van Slyke, Jr.
  • Litigation and Controversy – Tax
    • Jackson, MS
      • Louis G. Fuller
      • Leonard D. Van Slyke, Jr.
  • Mass Tort Litigation / Class Actions – Defendants
    • Columbus, MS
      • J. Gordon Flowers
    • Jackson, MS
      • Matthew W. Allen
      • Norman E. Bailey
      • Stephen J. Carmody
      • R. Richard Cirilli Jr
      • R. David Kaufman
      • M. Patrick McDowell
      • John E. Wade
  • Media Law
    • Jackson, MS
      • Leonard D. Van Slyke, Jr.
  • Medical Malpractice Law – Defendants
    • Jackson, MS
      • John E. Wade
  • Mergers and Acquisitions Law
    • Jackson, MS
      • John M. Flynt
      • William C. Penick IV
      • Warren Ken Rogers
      • Joseph E. Varner III
      • Walter S. Weems
  • Mining Law
    • Jackson, MS
      • Watts C. Ueltschey
  • Mortgage Banking Foreclosure Law
    • Jackson, MS
      • James A. McCullough II
  • Natural Resources Law
    • Jackson, MS
      • Watts C. Ueltschey
      • Gene Wasson
  • Nonprofit / Charities Law
    • Jackson, MS
      • William C. Penick IV
  • Oil and Gas Law
    • Jackson, MS
      • Ken Harmon
      • Watts C. Ueltschey
  • Personal Injury Litigation – Defendants
    • Columbus, MS
      • J. Gordon Flowers
    • Jackson, MS
      • Sheldon G. Alston
      • Karen E. Howell
      • R. David Kaufman
      • M. Patrick McDowell
      • John E. Wade
  • Product Liability Litigation – Defendants
    • Columbus, MS
      • J. Gordon Flowers
    • Jackson, MS
      • Matthew W. Allen
      • Sheldon G. Alston
      • Norman E. Bailey
      • R. Richard Cirilli Jr
      • R. David Kaufman
      • M. Patrick McDowell
  • Professional Malpractice Law – Defendants
    • Jackson, MS
      • Stephen J. Carmody
      • R. Richard Cirilli Jr
      • R. David Kaufman
  • Real Estate Law
    • Jackson, MS
      • P. David Andress
      • John M. Flynt
      • Ken Harmon
      • Watts C. Ueltschey
      • Gene Wasson
  • Tax Law
    • Jackson, MS
      • Louis G. Fuller
      • Lynne K. Green
      • William C. Penick IV
      • Leonard D. Van Slyke, Jr.
      • Joseph E. Varner III
      • Walter S. Weems
  • Trademark Law
    • Jackson, MS
      • Norman E. Bailey
  • Trusts and Estates
    • Jackson, MS
      • Lynne K. Green
      • William C. Penick IV
      • Leonard D. Van Slyke, Jr.
      • Joseph E. Varner III
  • Workers’ Compensation Law – Employers
    • Jackson, MS
      • Christopher R. Fontan

In addition to the above selections, the following 11 attorneys were chosen as Lawyer of the Year 2020:

      • Sheldon G. Alston – Litigation – Real Estate
      • Louis G. Fuller – Litigation and Controversy – Tax
      • Lynne K. Green – Trusts and Estates
      • Karen E. Howell – Litigation – Land Use and Zoning
      • R. David Kaufman – Legal Malpractice Law – Defendants
      • James A. McCullough II – Litigation – Bankruptcy
      • Warren Ken Rogers – Corporate Governance Law
      • Watts C. Ueltschey – Administrative / Regulatory Law
      • Joseph E. Varner III – Tax Law
      • John E. Wade – Mass Tort Litigation / Class Actions – Defendants
      • Walter S. Weems – Commercial Transactions / UCC Law

The Best Lawyers lists, representing over 125 specialties in all 50 states and Washington D.C., are compiled through an exhaustive peer-review survey in which thousands of the top lawyers in the U.S. confidentially evaluate their professional peers. Since it was first published in 1983, Best Lawyers has become universally regarded as a reliable guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which more than 36,000 leading attorneys cast almost 4.4 million votes on the legal abilities of other lawyers in their practice areas and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a true honor.

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Benchmark Litigation Recognizes 4 Brunini Attorneys on its 40 & Under Hot List

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Brunini is pleased to announce that Cody Bailey, Chris Fontan, Karen Howell and Taylor McNeel have been selected in Benchmark Litigation’s 40 & Under Hot List of 2019. This ambitious group is among the top young talent in their respective litigation communities in Mississippi and throughout the United States.

Benchmark Litigation’s goal is to find the best and brightest who stand out in their practices by focusing exclusively on litigation in the United States and Canada.  Benchmark Litigation selects nominees through extensive interviews of the nation’s leading private practice lawyers and in-house counsel to identify the leading litigators in each jurisdiction.

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