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Racing and Gaming

Industry Team

  • Town of Islip Development Projects Featured in Newsday
Profile
Sectors
Services
Experience
People

On Top of Your Game

Our multi-disciplinary Racing and Gaming Industry Team attorneys leverage their government regulatory, investigatory and industry-specific experience and knowledge to meet the full scope of our clients’ development and operational legal needs. We help racing and gaming industry participants, including racetrack operators, casino developers and owners navigate a heavily-regulated and constantly-changing landscape to succeed in New York state.

Our highly credentialed Racing and Gaming Industry Team members’ extensive New York state government experience includes having served as Counsel to the Attorney General and Chief Ethics Officer for the New York State Attorney General’s Office, and Associate Counsel to the New York State Commission on Public Integrity

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COMPLIANCE

Anti-Money Laundering
We regularly counsel clients on compliance with applicable statutes and regulations. The team’s services include conducting internal investigations of suspect activity and advising clients on related questions of self-reporting, as well as securing administrative rulings favorable to client positions. Additionally, we respond to regulatory or law enforcement investigations of client operations or customer conduct, update internal compliance programs to meet the changing requirements of regulators, address client questions implicating Currency Transaction or Suspicious Activity Reports, and advise clients on designing ‘know your customer’ due diligence programs meeting the dual goals of legal compliance and patron acceptance.

Gaming Licensing and Regulatory Compliance
With experience and depth of resources, our attorneys address issues related to compliance and required reporting, business ethics, corporate governance, as well as government investigations and regulatory actions. We have served as counsel to casino and gaming interests, led licensing efforts for public procurement and casino siting for a thoroughbred horse racing based racing, and conducted internal investigations for New York based racing and gaming operations.

Our attorneys have represented individual clients, consortiums and a Board of Directors of a publicly traded corporation before the New York State Racing and Wagering Board regarding licensing matters. We also represent clients in administrative and civil proceedings in the event that formal action has been taken, and we handle all stages of civil and criminal defense from the investigative and pretrial phases through trial and appeal. We also advise clients on compliance for sports betting, tracking its developing regulatory framework and monitoring updates on legislation, including sports betting on mobile phones.

We have successfully represented organizations and individuals in numerous matters before the Office of the State Inspector General (OSIG), Office of the Attorney General (OAG) and state agency regulators. This includes defending individuals and entities at all stages of OAG investigations, including high-profile cases. We have managed complex and burdensome subpoenas for documents and, in many cases, have helped companies negotiate agreements to avoid the formal subpoena process entirely.

Risk Management
Through preventative counseling, we help organizations establish policies and procedures to foster compliance, and endeavor to avoid governmental actions and keep inquiries out of the public eye. Not only can we help an organization stay in compliance with federal, state and local government regulations; but our attorneys and consulting professionals can help an organization protect its image and brand while under public scrutiny.

OPERATIONAL MATTERS

Corporate and Business Law
Our attorneys routinely handle contractual matters, proprietary rights, franchising and distributorships, sales contracts, stockholder agreements, antitrust matters and general business transactions. Harris Beach has represented a wide variety of U.S. and international companies in merger, acquisition and divestiture transactions.

Our transaction experience is in a broad spectrum of industries, including regulated industries such as racing and gaming, financial services and banking. We work with buyers, sellers, financial sources, and parties to joint ventures and strategic alliances in structuring transactions, protecting our clients’ interests and identifying capital, partners and advisors. Our transaction experience includes working with a major developer’s Special Gaming Counsel in the pursuit of out-of-state gambling operations. We also represented a client in connection with the acquisition of an out of state casino, including the requisite gaming licenses.

Financial Restructuring and Bankruptcy
Team members helped manage the financial restructuring of a closed race track into a financially viable, full-service race track, hotel and racino. This four-year representation involved dealing with many of the key players in the racing and gaming industry.

Immigration Law
Harris Beach offers comprehensive immigration legal services to help racing and gaming industry employers meet their specific needs while minimizing the inconvenience, delays, expense and potential liability related to immigration issues. We help clients navigate a complex regulatory and procedural maze to secure the following non-immigrant visas: H-2B visas for temporary nonagricultural services, or labor on a seasonal or intermittent basis such as trainers and groomers, TN for Canadian and Mexican professionals admitted under NAFTA, H-1B and E-3 for specialty occupations, L for intra-company transfers, B-1 for business purpose visitors and P for athletes and performers. We also assist clients in complying with electronic employment verification rules and I-9 auditing to ease their burden of examining documents to prove employee identity and employment authorization.

Intellectual Property Law
Our intellectual property attorneys have a proven track record of protecting the knowledge-based investments and brand value of numerous organizations in IP matters, including successfully taking cases to verdict in jury trials and achieving favorable settlements for clients. Our IP clients include racing and gaming industry developers and operators.

Labor and Employment Law
Harris Beach attorneys regularly advise management teams of private and public sector clients on personnel issues, hiring and firing, disciplinary matters and a broad range of other employment issues. We have handled all aspects of labor and employment law and litigation on behalf of management, including labor contract administration and arbitration, union organizing, collective bargaining, wage and hour issues, employment discrimination, employee benefits and personnel policies. The firm has extensive experience providing representation regarding collective bargaining, improper practice proceedings, strike injunction proceedings, grievance arbitration proceedings, employment discrimination and drug testing litigation.

Litigation
Our attorneys are committed to minimizing disruption and managing costs by efficiently resolving cases with a keen awareness of our clients’ legal, financial and organizational objectives. We have a robust team of seasoned trial lawyers with a strong track record of successfully taking cases to verdict or achieving favorable settlements. We regularly represent clients in everything from contract disputes to patent infringement claims. Our attorneys have extensive litigation experience in federal and New York state courts. This includes serving as outside counsel in regional off-track betting disputes for a number of years.

Tax Law
Harris Beach attorneys provide clients with the tax advice needed to run the day-to-day operations of their business as well as handle unusual tax transactions. We offer complete spectrum of representation on all aspects of federal, state, local and international tax law. Our attorneys guide planning to minimize tax costs. We also provide direct client representation in all types of civil or criminal actions involving taxing authorities and have successfully obtained private letter rulings from the Internal Revenue Service on behalf of our clients on matters relating to corporate tax issues.

PROJECT DEVELOPMENT

Commercial Real Estate
Our commercial real estate attorneys coordinate the interest of developers and municipalities and work effectively with construction teams to conclude projects in a timely and cost-effective manner. We help our clients balance their needs with those of the many constituencies affected by large development projects. We have represented a diverse array of clients who acquire, develop, finance and sell commercial, retail, office, industrial, hotel, golf course, mixed-use, restaurant and residential properties. Harris Beach attorneys work closely with the developer’s engineers to create a cohesive site plan to obtain approval from the municipality. After construction, we work with the municipality to satisfy all required conditions and address any operational issues. In addition to our experience in land use and zoning matters, we routinely appear before various zoning, planning and other municipal boards across the state.

Construction and Surety, and Bid Process
We represent owners, contractors, design professionals and sureties to minimize the impact of construction project disputes. Through experience with billions of dollars of public and private construction projects, we protect our clients’ interests beginning with the bidding and contracting phases through financing, zoning, permitting and contract administration to help keep their projects moving forward to their successful completion.

Financing Strategies
Harris Beach attorneys structure and negotiate financial transactions including securities offerings, venture capital, mezzanine financings, bond financings, and conventional institutional financings including construction loan financing transactions. Our attorneys also have extensive refinancing experience in restructuring equity investments in, or debt on, distressed properties. We handle transactions that include “equity kickers,” arrangements that allow for shared appreciation or equity conversion for financial restructuring and workouts.

Public Finance and Economic Development
Harris Beach attorneys facilitate identifying, securing and managing economic development and business tax incentive programs for our racing and gaming industry clients. This includes working closely with Industrial Development Agencies (IDAs) and Local Development Corporations (LDCs) who provide financial assistance to private entities through tax incentives.

Non-Legal Professional Services through our Subsidiaries
Harris Beach recognizes that client solutions often involve more than just legal needs. Our affiliated consulting subsidiaries, HB Cornerstone LLC and HB Solutions LLC, serve organizations in the public and private sectors and across numerous industries.

  • General Counsel for all construction, title and financing for Golden Nugget Danville Illinois Casino.
  • Special Counsel to Western Regional OTB, Suffolk Regional OTB , and Nassau Regional OTB.
  • Successfully navigated highly competitive NY State government process leading client to obtain one of only four commercial casino licenses under new constitutional amendment and revised statutory framework; regularly represents clients before the New York State Gaming Commission on various issues.
  • Counsels on regulatory, civil and  criminal matters, lobbying compliance, anti-money laundering.
  • Represents entities in the thoroughbred racing field in regulatory matters.
  • Lead company counsel to del Lago Resort & Casino, a $425 million casino in Tyre, New York.
  • Lead  economic development counsel to Yonkers Raceway.
  • Finger Lakes Racing Association v. New York Racing Association, Inc. (Supreme Court, Albany County, 2006): Member of plaintiff’s litigation team in special proceeding involving the interpretation of the New York State Racing Law, eventually resulting in a $2.8 million award for client.
  • Negotiated slot placement agreements for Pervasive Gaming Operations, LLC throughout the United States, Canada, Mexico and Argentina.
  • Advised Seneca Gaming Corporation in $80 million credit facility and $200 million bond offering.
  • Counseled lenders, developers and project sponsors in large-scale infrastructure projects in the Philippines, India, Colombia and Texas.
  • Represented Rotate Black in casino development opportunities in Panama City, Panama; Biloxi, Mississippi, Catskills, New York; and Alberta, Canada.

Team Leader(s)

Rajat Shah

Rajat R. Shah

Member

Team

Legal Alert, All Insights |
 July 27, 2021
Gaming Commission Issues Request for Applications of Web-Based Betting Providers
After an unexpected delay, the New York State Gaming Commission recently issued a Request for Applications (“RFA”) to begin the competitive ...read more
All Insights, All Blogs, Covid-19, Immigration Blog |
 July 24, 2020
I-9 Compliance in a Pandemic World: Advice for Employers
In welcome news for employers, the U.S. Department of Homeland Security (DHS) has once again agreed to extend its exercise of discretion to ...read more
All Insights, All Publications, Covid-19, Legal Alert |
 June 26, 2020
New York, New Jersey and Connecticut Issue Travel Advisory Requiring Quarantines for Travelers from Other States
Following publication of this Alert, Gov. Cuomo issued an Executive Order making an important change to employee leave rights related to vol...read more
All Insights, All Publications, Covid-19, Legal Alert |
 May 21, 2020
New York State Courts to Expand New Lawsuit Filings via NYSCEF and Continue Limited In-Person Reopening Process
By press release and memorandum, the New York State Unified Court System announced that beginning on May 21, 2020, it will permit parties to...read more
All Insights, All Publications, Covid-19, Legal Alert |
 May 15, 2020
New York State Courts to Carefully Reopen In-Person Processes in Thirty Upstate Counties with Restrictions in Place Statewide
By press release, the New York State Unified Court System announced a gradual return to in-person courthouse operations for thirty upstate, ...read more
All Insights, Advisory, All Publications, Covid-19 |
 April 23, 2020
Summary of New York Executive Orders During COVID Pandemic
New York State Gov. Andrew M. Cuomo declared a statewide disaster emergency on March 7, 2020, in direct response to the ongoing COVID-19 pan...read more
All Insights, All Publications, Covid-19, Legal Alert |
 April 9, 2020
Summarizing Gov. Cuomo’s Latest COVID-19 Executive Order – No. 202.14
Gov. Andrew Cuomo issued New York State Executive Order ("EO") No. 202.14, the 15th  EO issued during the COVID-19 state of emergency. These...read more
All Insights, All Publications, Covid-19, Legal Alert |
 April 1, 2020
Emergency Loans Available to Small Businesses Under CARES Act
Congress has acted in support of small businesses in the wake of the COVID-19 pandemic by low-interest federal disaster loans for working ca...read more
All Insights, All Publications, Covid-19, Legal Alert |
 April 1, 2020
Fast Facts on Paycheck Protection Program Under COVID-19 Relief Bill
The CARES Act (the "Act"), signed into law on March 27, is a wide-sweeping stimulus package, estimated at $2.2 trillion, that provides small...read more

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Racing and Gaming

Industry Team

■ Profile

On Top of Your Game

Our multi-disciplinary Racing and Gaming Industry Team attorneys leverage their government regulatory, investigatory and industry-specific experience and knowledge to meet the full scope of our clients’ development and operational legal needs. We help racing and gaming industry participants, including racetrack operators, casino developers and owners navigate a heavily-regulated and constantly-changing landscape to succeed in New York state.

Our highly credentialed Racing and Gaming Industry Team members’ extensive New York state government experience includes having served as Counsel to the Attorney General and Chief Ethics Officer for the New York State Attorney General’s Office, and Associate Counsel to the New York State Commission on Public Integrity

■ Services

COMPLIANCE

Anti-Money Laundering
We regularly counsel clients on compliance with applicable statutes and regulations. The team’s services include conducting internal investigations of suspect activity and advising clients on related questions of self-reporting, as well as securing administrative rulings favorable to client positions. Additionally, we respond to regulatory or law enforcement investigations of client operations or customer conduct, update internal compliance programs to meet the changing requirements of regulators, address client questions implicating Currency Transaction or Suspicious Activity Reports, and advise clients on designing ‘know your customer’ due diligence programs meeting the dual goals of legal compliance and patron acceptance.

Gaming Licensing and Regulatory Compliance
With experience and depth of resources, our attorneys address issues related to compliance and required reporting, business ethics, corporate governance, as well as government investigations and regulatory actions. We have served as counsel to casino and gaming interests, led licensing efforts for public procurement and casino siting for a thoroughbred horse racing based racing, and conducted internal investigations for New York based racing and gaming operations.

Our attorneys have represented individual clients, consortiums and a Board of Directors of a publicly traded corporation before the New York State Racing and Wagering Board regarding licensing matters. We also represent clients in administrative and civil proceedings in the event that formal action has been taken, and we handle all stages of civil and criminal defense from the investigative and pretrial phases through trial and appeal. We also advise clients on compliance for sports betting, tracking its developing regulatory framework and monitoring updates on legislation, including sports betting on mobile phones.

We have successfully represented organizations and individuals in numerous matters before the Office of the State Inspector General (OSIG), Office of the Attorney General (OAG) and state agency regulators. This includes defending individuals and entities at all stages of OAG investigations, including high-profile cases. We have managed complex and burdensome subpoenas for documents and, in many cases, have helped companies negotiate agreements to avoid the formal subpoena process entirely.

Risk Management
Through preventative counseling, we help organizations establish policies and procedures to foster compliance, and endeavor to avoid governmental actions and keep inquiries out of the public eye. Not only can we help an organization stay in compliance with federal, state and local government regulations; but our attorneys and consulting professionals can help an organization protect its image and brand while under public scrutiny.

OPERATIONAL MATTERS

Corporate and Business Law
Our attorneys routinely handle contractual matters, proprietary rights, franchising and distributorships, sales contracts, stockholder agreements, antitrust matters and general business transactions. Harris Beach has represented a wide variety of U.S. and international companies in merger, acquisition and divestiture transactions.

Our transaction experience is in a broad spectrum of industries, including regulated industries such as racing and gaming, financial services and banking. We work with buyers, sellers, financial sources, and parties to joint ventures and strategic alliances in structuring transactions, protecting our clients’ interests and identifying capital, partners and advisors. Our transaction experience includes working with a major developer’s Special Gaming Counsel in the pursuit of out-of-state gambling operations. We also represented a client in connection with the acquisition of an out of state casino, including the requisite gaming licenses.

Financial Restructuring and Bankruptcy
Team members helped manage the financial restructuring of a closed race track into a financially viable, full-service race track, hotel and racino. This four-year representation involved dealing with many of the key players in the racing and gaming industry.

Immigration Law
Harris Beach offers comprehensive immigration legal services to help racing and gaming industry employers meet their specific needs while minimizing the inconvenience, delays, expense and potential liability related to immigration issues. We help clients navigate a complex regulatory and procedural maze to secure the following non-immigrant visas: H-2B visas for temporary nonagricultural services, or labor on a seasonal or intermittent basis such as trainers and groomers, TN for Canadian and Mexican professionals admitted under NAFTA, H-1B and E-3 for specialty occupations, L for intra-company transfers, B-1 for business purpose visitors and P for athletes and performers. We also assist clients in complying with electronic employment verification rules and I-9 auditing to ease their burden of examining documents to prove employee identity and employment authorization.

Intellectual Property Law
Our intellectual property attorneys have a proven track record of protecting the knowledge-based investments and brand value of numerous organizations in IP matters, including successfully taking cases to verdict in jury trials and achieving favorable settlements for clients. Our IP clients include racing and gaming industry developers and operators.

Labor and Employment Law
Harris Beach attorneys regularly advise management teams of private and public sector clients on personnel issues, hiring and firing, disciplinary matters and a broad range of other employment issues. We have handled all aspects of labor and employment law and litigation on behalf of management, including labor contract administration and arbitration, union organizing, collective bargaining, wage and hour issues, employment discrimination, employee benefits and personnel policies. The firm has extensive experience providing representation regarding collective bargaining, improper practice proceedings, strike injunction proceedings, grievance arbitration proceedings, employment discrimination and drug testing litigation.

Litigation
Our attorneys are committed to minimizing disruption and managing costs by efficiently resolving cases with a keen awareness of our clients’ legal, financial and organizational objectives. We have a robust team of seasoned trial lawyers with a strong track record of successfully taking cases to verdict or achieving favorable settlements. We regularly represent clients in everything from contract disputes to patent infringement claims. Our attorneys have extensive litigation experience in federal and New York state courts. This includes serving as outside counsel in regional off-track betting disputes for a number of years.

Tax Law
Harris Beach attorneys provide clients with the tax advice needed to run the day-to-day operations of their business as well as handle unusual tax transactions. We offer complete spectrum of representation on all aspects of federal, state, local and international tax law. Our attorneys guide planning to minimize tax costs. We also provide direct client representation in all types of civil or criminal actions involving taxing authorities and have successfully obtained private letter rulings from the Internal Revenue Service on behalf of our clients on matters relating to corporate tax issues.

PROJECT DEVELOPMENT

Commercial Real Estate
Our commercial real estate attorneys coordinate the interest of developers and municipalities and work effectively with construction teams to conclude projects in a timely and cost-effective manner. We help our clients balance their needs with those of the many constituencies affected by large development projects. We have represented a diverse array of clients who acquire, develop, finance and sell commercial, retail, office, industrial, hotel, golf course, mixed-use, restaurant and residential properties. Harris Beach attorneys work closely with the developer’s engineers to create a cohesive site plan to obtain approval from the municipality. After construction, we work with the municipality to satisfy all required conditions and address any operational issues. In addition to our experience in land use and zoning matters, we routinely appear before various zoning, planning and other municipal boards across the state.

Construction and Surety, and Bid Process
We represent owners, contractors, design professionals and sureties to minimize the impact of construction project disputes. Through experience with billions of dollars of public and private construction projects, we protect our clients’ interests beginning with the bidding and contracting phases through financing, zoning, permitting and contract administration to help keep their projects moving forward to their successful completion.

Financing Strategies
Harris Beach attorneys structure and negotiate financial transactions including securities offerings, venture capital, mezzanine financings, bond financings, and conventional institutional financings including construction loan financing transactions. Our attorneys also have extensive refinancing experience in restructuring equity investments in, or debt on, distressed properties. We handle transactions that include “equity kickers,” arrangements that allow for shared appreciation or equity conversion for financial restructuring and workouts.

Public Finance and Economic Development
Harris Beach attorneys facilitate identifying, securing and managing economic development and business tax incentive programs for our racing and gaming industry clients. This includes working closely with Industrial Development Agencies (IDAs) and Local Development Corporations (LDCs) who provide financial assistance to private entities through tax incentives.

Non-Legal Professional Services through our Subsidiaries
Harris Beach recognizes that client solutions often involve more than just legal needs. Our affiliated consulting subsidiaries, HB Cornerstone LLC and HB Solutions LLC, serve organizations in the public and private sectors and across numerous industries.

■ People

Team Leaders

Rajat R. Shah

Member
(716) 200-5109
rshah@harrisbeach.com

Team

Leonard J. D'Arrigo

Member
(518) 701-2770
ldarrigo@harrisbeach.com

Terrance P. Flynn

Member
(716) 200-5120
tflynn@harrisbeach.com

Thomas J. Garry

Member
(516) 880-8489
tgarry@harrisbeach.com

Shawn M. Griffin

Member
(585) 419-8614
sgriffin@harrisbeach.com

Xanthe M. Larsen

Member
(202) 285-3543
xlarsen@harrisbeach.com

Constantine P. Lizas

Member
(202) 975-9780
CLizas@HarrisBeach.com

Tyler A. O'Reilly

Member
(585) 419-8634
toreilly@harrisbeach.com

Rajat R. Shah

Member
(716) 200-5109
rshah@harrisbeach.com

Lee E. Woodard

Member
(315) 214-2010
lwoodard@harrisbeach.com

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of April 2, 2023 4:46 am
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