Mitch Koczerginski Photo
Mitch Koczerginski Photo
Mitch Koczerginski Photo

Mitch Koczerginski is a highly skilled and strategic commercial litigator with a practice focused on privacy & data security issues. He also advises clients on a broad range of commercial matters.

As an experienced litigator with a deep understanding of the complex legal landscape surrounding privacy and data security, Mitch is uniquely suited to represent and advise clients on disputes about the protection and safeguarding of information, whether personal or commercially sensitive. Mitch has successfully handled a large number of disputes and administrative proceedings relating to claims of invasion of privacy, negligence and breaches of statutory and contractual confidentiality and data protection obligations. He also has extensive experience attacking and defending administrative decision making in connection with access to information requests relating to confidential commercial, financial, and technical information.

Mitch has appeared before the Federal Court, the Federal Court of Appeal, and all levels of court in Ontario, and routinely represents clients in interactions with Canadian data protection authorities, including the Office of the Privacy Commissioner of Canada and its provincial counterparts.

In addition to his litigation expertise, Mitch provides strategic advice to clients in connection with data breaches involving sensitive personal and confidential information. He counsels through all aspects of the incident response process, including compliance with legal obligations, managing privilege issues, and implementing an effective communications strategy aimed at protecting both the legal interests and reputation of his clients. Mitch also regularly advises clients on the privacy law implications of new products, services, technologies and initiatives, and helps to develop privacy compliance programs and policies.

Always at the forefront of industry trends and emerging issues, Mitch is an active member of professional organizations dedicated to privacy and data security. He frequently speaks at conferences and seminars to share his knowledge and insights with fellow legal professionals. Mitch has been designated as a Certified Information Privacy Professional / Canada by the International Association of Privacy Professionals (IAPP) and is an executive member of the Ontario Bar Association’s Privacy and Access to Information Law Section.

Mitch’s clients also engage him to provide advice and representation on a variety of commercial matters, including in connection with commercial leasing, franchising and supplier-distributor disputes because he brings a strategic and creative approach to conflict resolution and has a proven track record of obtaining favorable outcomes. Mitch’s advice is drawn from an in-depth understanding of his clients’ business objectives and concerns, which leads to practical and tailor-made solutions to complicated legal issues.



Representative Matters

Privacy & Data Security Litigation:

  • Prosecuting and defending claims of liability for negligence and breach of contract relating to protection against cybersecurity attacks, including ransomware attacks.
  • Defending employers in proceedings alleging breaches of privacy obligations of Canadian privacy legislation.
  • Defending retail companies against allegations of invasion of privacy by consumers, including intrusion upon seclusion.
  • Bringing and responding to urgent applications for injunctive relief relating to the protection of information assets.
  • Representing organizations in access to information proceedings to secure the protection of confidential commercial, financial and technical information.

Data Breach Counseling:

  • Counseling clients on regulatory notice obligations relating data breaches, whether resulting from inadvertent disclosure of personal information or malicious cybersecurity attacks.
  • Advising clients on strategies to reduce exposure to liability arising from a data breach that requires notice to large numbers of affected parties and regulatory bodies.
  • Advising clients on legal and reputational considerations when advancing payment to a ransomware threat actor.
  • Representing clients in regulatory inquiries and investigations following data breach notification.

Privacy & Data Security Compliance:

  • Conducting gap analysis to evaluate overall institutional compliance with Canadian privacy laws and developing recommended remediation measures.
  • Conducting data privacy impact assessments (DPIAs) to evaluate the compliance of certain business processes with Canadian privacy laws.
  • Drafting and revising privacy policies and notices for compliance with Canadian privacy laws, including Canada’s Personal Information Protection and Electronic Documents Act and substantially similar provincial legislation.
  • Drafting and revising data protection addendums to facilitate data sharing and/or data processing arrangements with affiliates and service providers in compliance with Canadian privacy laws.
  • Providing advice and recommendations regarding compliance with Canada’s Anti-Spam Law (CASL).

Commercial Advice and Representation:

  • Providing advice, recommendations and litigation representation to commercial landlords and tenants relating to rent-reset and renewal disputes, breaches of restrictive covenants, breaches of the common law duty of good faith and improper termination of.
  • Providing advice, recommendations and litigation representation to commercial developers seeking to vacate leased premises for redevelopment.
  • Prosecuting and defending actions on behalf of suppliers and distributors alleging unlawful termination of distribution agreements, including claims for payment in lieu of notice of termination.
  • Providing advice, recommendations and litigation representation to franchisors relating to disputes with franchisees, including non-payment of royalties, breaches of restrictive covenants, breaches of the common law and statutory duties of good faith and improper claims of rescission or cancellation of the franchise agreement.

Speaking Engagements

Osgoode Certificate in Privacy and Cybersecurity, Data Breaches - Working with the Forensics and Communications Teams

March 2, 2023

21st Annual OBA Franchise Law Conference , Changes to Privacy and Regulatory Laws Impacting Franchising in Canada

November 29, 2022

News


Rankings & Recognitions

  • Recognized by Best Lawyers in Canada (2024) as a “One to Watch” in the area of Corporate and Commercial Litigation
  • University of Ottawa Faculty of Law, Dean’s list
  • Michigan State University College of Law, Dean’s list

Directorships & Affiliations

  • OBA Franchise Law Section  Executive for 2019-2020 (Technology Liaison), 2020-2021 (CPD Liaison), 2021-2022 (CPD Liaison) and 2022-2023 (Newsletter Editor).
  • OBA Privacy and Access to Information Law Section 2022-2023 (Newsletter Editor)
  • Franchise Law Section Executive for 2018-2019
  • Appointed as Newsletter Editor

Education & Admissions

2020
Certified Information Privacy ProfessionalIAPP
2015
Called to the Ontario bar
2014
J.D., cum laudeUniversity of Ottawa
2014
J.D., cum laudeMichigan State University
2010
B.A. (Philosophy)University of Western Ontario

Publications

Insights (69 Posts)View More

Featured Insight

Unpacking Ontario’s Proposed Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024

Unpacking Ontario's Bill 194: Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024. Key changes & compliance strategies detailed.

Read More
May 17, 2024
Featured Insight

Navigating the Boundaries of Legal Privilege in the Wake of a Cyber Attack: Lessons Learned from the LifeLabs Breach

In LifeLabs LP v. Information and Privacy Commr. (Ontario), the court clarified the limited scope of legal privilege in the context of data breaches.

Read More
May 7, 2024
Featured Insight

Lessons Learned from the TTC’s Ransomware Attack

Lessons learned from the recent investigation by the Ontario IPC into the effectiveness of the TTC's cybersecurity measures and ransomware attack response

Read More
Apr 23, 2024
Featured Insight

Behind the Screen: Navigating Law Enforcement Requests Post R v. Bykovets

Implications for law enforcement and private online companies responding to law enforcement requests for IP address information following R v. Bykovets.

Read More
Mar 22, 2024
Featured Insight

Happy Data Privacy Week, Canada! 4th Edition

It is Day Four of Data Privacy Week and our topic today is about the important ways your organization can manage legal, regulatory and reputational risks when developing public communications about data breaches involving personal information.

Read More
Jan 25, 2024
Featured Insight

Privacy on Ice: Canada Maintains GDPR Adequacy Status Despite Frozen Privacy Reforms

This bulletin reports on the European Commission's GDPR adequacy decision for Canada and its impact on privacy reform proposed pursuant to Bill C-27.

Read More
Jan 19, 2024
Featured Insight

An Update on Cross Border Data Transfers in Canada and the EU

This webinar will feature presentations about key and emerging issues involving the transfer of personal information within and outside of the European Union and Canada.

Details
Wednesday, November 15, 2023
Featured Insight

McMillan’s Annual Privacy, Data Protection and Cybersecurity Client Seminar

Join McMillan's Privacy & Data Protection Group on Tuesday, October 17th for an overview of recent significant decisions and regulatory guidance.

Details
Tuesday, October 17, 2023
Featured Insight

Unpacking Bill C-27 – How Organizations Can Prepare for Potential Changes to Canada’s Federal Privacy Laws

Bill C-27 – also known as the Digital Charter Implementation Act, 2022 – completed its second reading in Canada’s House of Commons, bringing Canada one step closer to privacy law reform. Join our discussion on these significant potential developments and what they may mean for your organization.

Details
Thursday, May 18, 2023
Featured Insight

Privacy Breaches in M&A Deals and the Importance of Data Security Diligence

Data security issues pose risks to a transaction, but can be mitigated with effective data security diligence, and other contractual strategies.

Read More
Apr 3, 2023
Featured Insight

British Columbia’s Privacy Regulator Issues New Privacy Breach Guidance: Here’s What You Need to Know

BC Privacy Commissioner's recent guidance relating to privacy breaches acknowledges that breach notification can be a useful tool to mitigate harm.

Read More
Feb 16, 2023
Featured Insight

Cybersecurity Threats to the Canadian Mining Industry: Is your Business Ready?

Mining firms are vulnerable to cybersecurity attacks but through incident response planning can minimize the risk of exposure.

Read More
Jan 10, 2023
Featured Insight

The Exclusion of Intrusion Upon Seclusion: Ontario Court of Appeal definitively determines that “Database Defendants” cannot be held liable for intrusions committed by third-party hackers

The Court of Appeal for Ontario released a trio of decisions that materially impact the viability of class actions following a data breach.

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Dec 1, 2022
Featured Insight

McMillan’s Annual Privacy, Data Protection and Cybersecurity Client Seminar

Join McMillan's Privacy & Data Protection Group on Wednesday, December 7th for an overview of recent significant legal developments, tips on complying with new and forthcoming obligations under Quebec’s Bill 64, and discussions about hot topics in data management.

Details
Wednesday, December 7, 2022
Featured Insight

The Road to Canada’s Open Banking Framework: Updates from the Working Group Meetings

Four working groups have been working to develop common rules, accreditation criteria, and technical standards for open banking in Canada.

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Nov 2, 2022
Featured Insight

Taking Control: Proactive Data Breach Preparedness and Responsible Incident Management

Join us on Tuesday, June 21st as members of our Privacy and Technology Groups discuss how your organization can proactively prepare in order to be in control if and when an incident occurs and to take measured and responsible steps to prevent and manage the associated legal and business risks.

Details
Tuesday, June 21, 2022
Featured Insight

Federal Privacy Commissioner Releases Key Recommendations for a New Federal Private Sector Privacy Law

The Office of the Privacy Commissioner of Canada released a summary of its key recommendations for a new federal private sector privacy law in Canada

Read More
May 17, 2022
Featured Insight

Open Banking: What it is and what it means for you

As we have received a number of questions from clients regarding our open banking bulletins, we are putting together an interdisciplinary panel of experts to take a deep dive into the implications of an open banking system in Canada, exciting developments & expectations for further progression.

Details
Thursday, June 2, 2022
Featured Insight

Data Collection and Protection in the Automotive Sector

Join us on Thursday, April 28, 2022 as members of McMillan's Privacy & Data Protection Group discuss privacy and data protection issues relevant to the automotive industry.

Details
Thursday, April 28, 2022
Featured Insight

Federal Government Appoints Open Banking Lead

The federal government has named Abraham Tachjian to lead the development of open banking in Canada, following an open letter from prominent fintech executives.

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Mar 23, 2022
Featured Insight

Canadian Centre for Cyber Security Releases Ransomware Playbook

Ransomware attacks are on the rise. The Canadian Centre for Cyber Security released a ransomware playbook to help companies prepare for and respond to attacks.

Read More
Dec 21, 2021
Featured Insight

Transport Canada Releases Updated Guidelines for Testing Automated Driving Systems

Transport Canada released the Guidelines for Testing Automated Driving Systems in Canada Version 2.0 to replace its previous 2018 guidelines.

Read More
Dec 21, 2021
Featured Insight

Urgent Cybersecurity Alert Regarding Apache Log4j

Canada’s Minister of National Defence has issued a statement regarding a recently identified critical vulnerability in the Apache Log4j logging product.

Read More
Dec 13, 2021
Featured Insight

McMillan’s Annual Privacy, Data Protection and Cybersecurity Webinar

Our lawyers will provide an overview of important case law developments, regulatory guidance, upcoming statutory changes, and hot topics in Privacy, Data Protection & Cybersecurity

Details
Wednesday, November 10, 2021
Featured Insight

Privacy Implications of an Open Banking System in Canada

Canada’s Advisory Committee on Open Banking's final report- the privacy and data security implications of an open banking system in Canada.

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Oct 12, 2021
Featured Insight

Another Franchisor Freshly Squeezed by Material Deficiencies in its Disclosure Document

The Court in Freshly Squeezed applied the Raibex test to determine what deficiencies in disclosure entitle a
franchisee to the two-year rescission remedy.

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Jun 14, 2021
Featured Insight

No Damages for Minor Stress and Inconvenience: Quebec Court Dismisses Data Breach Class Action

In March, the Québec Superior Court released a rare decision in which it dismissed a privacy class action on the merits.

Read More
Jun 9, 2021
Featured Insight

Cyber Justice: Ontario Court Recognizes New Tort of Internet Harassment

The Superior Court of Justice has recognized a new tort of internet harassment, indicating willingness to fashion new causes of action to address online abuse.

Read More
Feb 23, 2021
Featured Insight

‘Why’d Ya Do It?’ The Supreme Court of Canada Explains the Duty to Exercise Contractual Discretion in Good Faith

The SCC recently released its long awaited decision in Wastech Services Ltd v Greater Vancouver Sewerage and Drainage District.

Read More
Feb 17, 2021
Featured Insight

Emerging Competition & Data Privacy Issues for Real Estate Organizations

Changes to Canada’s privacy laws, developments with low-commission brokerages and changes to short-term rental regulations will impact real estate associations.

Read More
Feb 2, 2021
Featured Insight

McMillan’s Automotive Industry Webinar Series – Part Two (February 9, 2021)

Join us for Part Two of McMillan's Automotive Industry Webinar Series

Details
February 9, 2021 - 1:00 pm to 2:30 pm ET
Featured Insight

Potential Overhaul of Canadian Privacy Law – Is Your Organization Ready?

Potential Overhaul of Canadian Privacy Law – Is Your Organization Ready?

Details
January 20, 2021 - 11:00 pm to 2:00 pm ET
Featured Insight

Amendment to Ontario Franchising Legislation

The Amendment to Ontario's franchise legislation coming into effect on September 1, 2020 brings changes that have been eagerly awaited by franchisors.

Read More
Aug 28, 2020
Featured Insight

The Road to a “New Normal”: Contact Tracing and Privacy Considerations in Canada

Provinces across Canada are starting to lift COVID-19 restrictions and resume some economic and other activities.

Read More
Jun 1, 2020
Featured Insight

9 Things You Should Do Right Now to Protect Your Franchise System During the COVID-19 Pandemic

Tips to help franchisors mitigate risks that may result from the COVID-19 pandemic and how to prepare for future emergency business interruptions

Read More
May 13, 2020
Featured Insight

Caught by Release: Franchisees Can’t Have Their Cake and Eat It Too

New Vision Renaissance MX Ltd. v. The Symposium Café Inc confirms that Ontario Courts will uphold appropriately crafted releases given by franchisees.

Read More
Mar 30, 2020
Featured Insight

2019 Year in Review: Privacy, Data Protection & Cybersecurity

Focusing our discussion on significant advancements, findings and key takeaways, we will present a “Year in Review” session that will cover many of the notable developments that occurred in 2019.

Feb 4, 2020
Featured Insight

One-Year Anniversary of Mandatory Data Breach Reporting: Lessons the OPC Has Learned and What Businesses Need to Know

November 1st, 2018 marked a year since reporting data breaches became mandatory under the Personal Information Protection and Electronic Documents Act ("PIPEDA")

Read More
Nov 11, 2019
Featured Insight

The Privacy Commissioner’s Guide to Protecting Personal Information in Cannabis Transactions

The Office of the Privacy Commissioner of Canada recently released a guidance document for Canadian private sector cannabis retailers who collect personal information from their customers.

Read More
Jan 30, 2019
Featured Insight

Privacy, Data Protection & Cybersecurity Seminar

McMillan is pleased to host its third annual Privacy, Data Protection & Cybersecurity Seminar in Toronto.

Details
November 13, 2018 - 8:30 am to 12:15 pm
Featured Insight

A Word of Warning to Franchisors – ADR Provisions May Postpone the Limitation Period for Rescission

In PQ Licensing S.A. v. LPQ Central Canada Inc., the Court' decision hinged on the alternative dispute resolution provisions set out in the franchise agreement.

Read More
Nov 2, 2018
Featured Insight

Trick or…Breach? PIPEDA’s Breach Reporting Requirements Come Into Force on November 1, 2018

This bulletin provides an overview of the new breach reporting requirements.

Read More
Nov 1, 2018
Featured Insight

Is your Privilege Protected? Ontario Court Revisits Doctrine of “Implied Waiver of Privilege” in Recent Decision

Recent case law from Ontario confirms that a party seeking to rely on parts of privileged document cannot simultaneously claim privilege over the same document.

Read More
Aug 23, 2018
Featured Insight

SCC Says Judges Have No Business Reviewing Decisions of Voluntary Associations

The recent Supreme Court of Canada decision in Highwood Congregation of Jehovah's Witnesses (Judicial Committee) v. Wall[1] holds that judges have no business

Read More
Jun 15, 2018
Featured Insight

PIPEDA’s Breach Reporting Requirements Finalized, to Come Into Force November 1, 2018

Personal information where it is reasonable in the circumstances to believe that the breach creates a "real risk of significant harm"[1] to affected individuals

Read More
May 15, 2018
Featured Insight

Recent Privacy Concerns Call for Increased Transparency and Control

In the midst of the Cambridge Analytica data scandal, businesses should consider whether their data handling practices are consistent with user expectations

Read More
Apr 26, 2018
Featured Insight

If Online Reputation is Everything, Who Wants a Do-Over?

The Office of the Privacy Commissioner of Canada recently released a draft policy position regarding the protection of online reputation.

Read More
Mar 16, 2018
Featured Insight

McMillan’s Second Annual Privacy, Cybersecurity and Data Protection Seminar

Members of McMillan’s Privacy, Cybersecurity, Data Protection groups will be discussing, for the second year running, how client and in-house counsel can educate their firms on how to navigate through privacy in the workplace, cyber security risks and data protection issues on Tuesday Nov 14, 2017.

Details
November 14, 2017
Featured Insight

Cybersecurity – The Legal Landscape in Canada

Cybersecurity – The Legal Landscape in Canada

Read More
Oct 25, 2017
Featured Insight

Sneak Peek at PIPEDA’s Breach Reporting Requirements – Proposed Regulations Released for Comment

Sneak Peek at PIPEDA's Breach Reporting Requirements - Proposed Regulations Released for Comment

Read More
Sep 8, 2017
Featured Insight

Server Location Not Definitive in Determining Jurisdiction Over Foreign Defendant

Server Location Not Definitive in Determining Jurisdiction Over Foreign Defendant

Read More
Aug 31, 2017
Featured Insight

Release Me: Ontario Court of Appeal Clarifies When Franchisors Can Enforce Releases

Release Me: Ontario Court of Appeal Clarifies When Franchisors Can Enforce Releases

Read More
Jul 11, 2017
Featured Insight

Supreme Court of Canada Turns the Other Cheek: Facebook’s “Terms and Conditions” – Forum Selection Clause Unenforceable

Supreme Court of Canada Turns the Other Cheek: Facebook's "Terms and Conditions" – Forum Selection Clause Unenforceable

Read More
Jun 29, 2017
Featured Insight

Ontario Court of Appeal to Franchisors: “Comply with your disclosure requirements, or else…”

Ontario Court of Appeal to Franchisors: "Comply with your disclosure requirements, or else..."

Read More
Jun 9, 2017
Featured Insight

Changing Workplaces Review Final Report – Who Must Bargain with Franchise Employees?

Changing Workplaces Review Final Report – Who Must Bargain with Franchise Employees?

Read More
May 29, 2017
Featured Insight

Are You Ready for CASL’s Private Right of Action?

Are You Ready for CASL's Private Right of Action?

Read More
Jan 30, 2017
Featured Insight

The Cybersecurity Implications of Driverless Cars

The Cybersecurity Implications of Driverless Cars

Read More
Dec 14, 2016
Featured Insight

“Going Dark” – No Easy Answers on the Cybersecurity Horizon

"Going Dark" – No Easy Answers on the Cybersecurity Horizon

Read More
Nov 8, 2016
Featured Insight

Privacy, Data Protection and Cybersecurity Seminar

As organizations are increasing their investment in data safeguards, McMillan’s Privacy Group would like to help our clients understand their core privacy, data protection and cybersecurity obligations and related legal issues.

Details
November 3, 2016 - 7:30 am to 12:30 pm EST
Featured Insight

A Good Liability Exclusion Clause Can Protect You From A Bad Termination Of Contract

A Good Liability Exclusion Clause Can Protect You From A Bad Termination Of Contract

Read More
Aug 24, 2016
Featured Insight

Cybersecurity and the Internet of Things

Cybersecurity and the Internet of Things

Read More
May 17, 2016
Featured Insight

Decrypting the iPhone – Everybody’s Got Something to Hide, Except Me and My Monkey

Decrypting the iPhone - Everybodys Got Something to Hide, Except Me and My Monkey

Read More
Mar 10, 2016
Featured Insight

Introducing Safe Harbour 2.0: the EU-US Privacy Shield

Introducing Safe Harbour 2.0: the EU-US Privacy Shield

Read More
Feb 16, 2016
Featured Insight

The Privacy Commissioner’s Annual Report on the Privacy Act

The Privacy Commissioners Annual Report on the Privacy Act

Read More
Feb 3, 2016
Featured Insight

Can you keep a secret? The courts recognize a new tort for public disclosure of private facts

Can you keep a secret? The courts recognize a new tort for public disclosure of private facts

Read More
Feb 1, 2016
Featured Insight

Who Drives Whom? Driverless Car Pilot Project to Hit the Road in Ontario in 2016

Who Drives Whom? Driverless Car Pilot Project to Hit the Road in Ontario in 2016

Read More
Dec 18, 2015
Featured Insight

Bring Your Own Device (“BYOD”) Programs: Strategic Considerations to Reconcile Security and Privacy Issues

A Bring Your Own Device program permits employees to use their own personal electronic devices for both business and personal purposes.

Read More
Nov 10, 2015
Featured Insight

Safe Harbour Not Safe Enough: Data Transfers From E.U. To U.S. Out To Sea

Safe Harbour Not Safe Enough: Data Transfers From E.U. To U.S. Out To Sea

Read More
Oct 17, 2015
Featured Insight

Monitoring the Mayor – B.C. Mayor alleges that computer monitoring violated his privacy

Monitoring the Mayor – B.C. Mayor alleges that computer monitoring violated his privacy

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May 21, 2015

Deals & Cases (4 Posts)

Featured Insight

PURE Reciprocal Insurance Exchange obtains Order from OSFI to Insure in Canada Risks

On February 9, 2023, Privilege Underwriters Reciprocal Exchange obtained an approval from the Superintendent of Financial Institutions under the Insurance Companies Act to insure in Canada personal lines property and casualty risks, including those falling under the classes of property, liability, marine and automobile insurance

Read More
Feb 9, 2023
Featured Insight

McMillan Represents AJ Gallagher in US$3.25B Acquisition of Willis Towers Watson Assets

On December 1, 2021, Arthur J. Gallagher & Co. completed its USD$3.25 Billion acquisition of substantially all of the treaty reinsurance brokerage operations from Willis Towers Watson plc.

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Dec 1, 2021
Featured Insight

Hansen Technologies Limited Acquires Sigma Systems for C$152.5 million

Sigma Systems, a company majority owned by Birch Hill Equity Partners Management since 2015, was acquired by Hansen Technologies Limited. McMillan LLP acted as lead counsel to Hansen with a team lead by JR Beaudrie

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May 31, 2019
Featured Insight

Competition Bureau Clears SABMiller/AB InBev Global Beer Merger

Competition Bureau Clears SABMiller/AB InBev Global Beer Merger

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May 31, 2016