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Profile Picture

Michael D. Bopp

Michael
Bopp

Partner

CONTACT INFO

mbopp@gibsondunn.com

TEL:+1 202.955.8256

FAX:+1 202.530.9648

Washington, D.C.

1050 Connecticut Avenue, N.W., Washington, DC 20036-5306 USA

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PRACTICE

White Collar Defense and Investigations Administrative Law and Regulatory Practice Anti-Corruption & FCPA Congressional Investigations Crisis Management FinTech and Digital Assets Financial Institutions Global Financial Regulatory Investment Funds Litigation National Security Public Policy Securities Regulation and Corporate Governance

BIOGRAPHY

Michael Bopp is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher.  He brings his extensive government and private-sector experience to help clients navigate through the most difficult crises, often involving investigations as well as public policy and media challenges.  He chairs the Congressional Investigations Subgroup and he is a member of the White Collar Defense and Investigations Crisis Management Practice Groups. He also co-chairs the firm’s Public Policy Practice Group and is a member of its Financial Institutions Practice Group.

Mr. Bopp’s practice focuses on congressional investigations, internal corporate investigations, and other government investigations.  He also advises clients on public policy and regulatory consulting in a variety of fields, and managing and responding to major crises involving multiple government agencies and branches. Mr. Bopp is one of only two attorneys in the country listed in Band 1 for Congressional Investigations by Chambers.  Most recently, Mr. Bopp has been recognized by The Hill as a top lobbyist for 2022.  BTI Consulting named Mr. Bopp to its 2018 BTI Client Service All-Stars list, recognizing the “lawyers who truly stand out as delivering the absolute best client service” as determined by a poll of corporate counsel.

A particular specialty is preparing people to testify at congressional hearings and for other high-profile, public, often contentious events.  Mr. Bopp served as the debate coach for Senator Susan Collins in the 2020 election cycle.  About the race, Politico noted that Senator Collins “staged one of the most remarkable Senate comebacks of the past decade.”

Congressional Investigations, Internal Investigations, and Other Investigations Experience

Mr. Bopp has extensive experience representing clients in congressional, executive branch, and internal investigations. During more than a decade on Capitol Hill, Mr. Bopp led or played a key role in major investigations in both the Senate and House of Representatives, including four special investigations.  In these capacities, he developed the strategy and set the agenda, and managed the discovery efforts for numerous investigations and orchestrated more than 100 committee hearings.

Mr. Bopp has extensive knowledge of both legislative and regulatory processes, as well as of the powers and authorities of Congressional committees, and he has testified as an expert on Congressional investigations before Congress.  He currently chairs the ABA’s Committee on Legislative Process and Congressional Investigations.  His contacts are extensive and strong in both Republican and Democratic circles.

Since joining Gibson, Dunn in 2008, Mr. Bopp has defended clients in dozens of Congressional and other investigations and has prepared numerous CEOs and other top executives for committee hearings, depositions, and interviews.  He also brings his more than two decades of investigations experience to bear on internal investigations on important matters for a variety of clients.

Mr. Bopp’s engagements include representing companies, associations, other entities and individuals in the following investigations:

Congressional Investigations

  • Counsel for multiple companies under investigation by the House Select Subcommittee on the Coronavirus Crisis in connection with CARES Act and other programs;
  • Counsel for social media platform with respect to Senate Commerce and Judiciary Committee hearings on alleged bias and CDA Section 230 protections;
  • Counsel for electronic cigarette manufacturer in investigations into marketing practices and interactions with FDA;
  • Counsel for bank investigated for alleged sales practices and other possible violations by House Financial Services and Senate Banking Committees;
  • Counsel for a number of technology companies in investigations and oversight into privacy, law enforcement, and security-related issues;
  • Counsel for pharmaceutical manufacturer in House Oversight and Government Reform investigation of drug pricing and efforts to extend patents;
  • Counsel for Pharmacy Benefit Manager in Senate Finance Committee investigation of drug pricing;
  • Counsel for health insurance company, multiple government contractors, and a non-profit entity in House and Senate investigations relating to the Affordable Care Act;
  • Counsel for Big 4 accounting firm in an investigation by the Senate Permanent Subcommittee on Investigations into alleged offshore tax evasion. This investigation culminated in a hearing at which our client successfully defended its actions resulting in no follow-up by the Subcommittee and avoiding negative press coverage and reputational damage;
  • Counsel for private equity firm in Senate Aging Committee investigation of drug pricing;
  • Counsel for automaker in connection with potential congressional and executive branch investigations relating to emissions controls;
  • Counsel for Wall Street firm in investigations by the Senate Permanent Subcommittee on Investigations into causes of the financial markets crisis and into the commodities activities of financial holding companies;
  • Counsel for automaker in Senate Commerce Committee investigation of Takata airbag malfunctions;
  • Counsel for Member of Congress in Office of Congressional Ethics’ and House Ethics Committee’s inquiries into alleged insider trading. The Office of Congressional Ethics recommended that the allegations concerning the Member of Congress be dismissed;
  • Counsel for health care company in the House Energy and Commerce and Senate Commerce Committees’ investigations of the health insurance industry;
  • Counsel for telecommunications company in multiple congressional investigations relating to the company’s interactions with the Federal Communications Commission;
  • Counsel for hedge fund in Senator Grassley’s investigation of information allegedly leaked relating to Medicare reimbursement rates; Counsel for a Big 4 accounting firm in the Senate Banking Committee’s inquiry into mortgage lending and servicing practices;
  • Counsel for automaker in House Oversight and Government Reform Committee investigation of the agreement on Greenhouse Gas and CAFE standards;
  • Counsel for loan recipient in House Oversight and Government Reform Committee investigation of Department of Energy “green energy” programs;
  • Counsel for health insurance company in investigation by Chairman Baucus and Senator Grassley into health insurance company agreements with lab services providers;
  • Counsel for companies in connection with Financial Crisis Inquiry Commission’s investigation of causes of the financial markets crisis;
  • Counsel for several companies in investigation by Senate Health, Education, Labor and Pensions Committee of career colleges;
  • Counsel for healthcare information technology company in connection with Senate Finance Committee investigation;
  • Counsel for company in connection with Senate Finance Committee’s investigation of a high-profile Executive Branch nominee;
  • Counsel for elder care company in connection with Senate Special Committee on Aging’s investigation of continuing care retirement communities.
  • Counsel for satellite company executive in investigation by House Science and Technology Committee’s into satellite procurement issues;
  • Counsel for employee of security company in investigation by Commission on Wartime Contracting in Iraq and Afghanistan into services contracts; and
  • Counsel for various parties in multiple investigations by House Committee on Standards of Official Conduct and Office of Congressional Ethics.

Internal Investigations

  • Conducted internal investigation of company’s compliance with FDA and FTC requirements and to gauge possible exposure to Justice Department inquiries.
  • Conducted internal investigation of company’s compliance with government contracting requirements relating to vendor compensation;
  • Conducted internal investigation of misconduct by attorney at major law firm leading to misrepresentations to clients and government agencies;
  • Conducted internal investigation of company’s compliance with H-1B program requirements;
  • Conducted internal investigation of high-ranking corporate official at major pharmaceutical company and uncovered misappropriation and misuse of corporate funds. Recovered more than $10 million for corporation; and
  • Conducted internal investigation for portfolio company relating to potential False Claims Act lawsuit relating to alleged product defect. Convinced Department of Justice not to intervene.

Other Investigations

  • Represented government official removed from office for allegedly covering up misconduct in a field office. Convinced Department of Justice Public Integrity Division to drop criminal investigation of client and secured reinstatement of client; and
  • Counsel for 501(c)(4) organization in investigation by State of California into alleged violations of state election laws. Investigation ended with no prosecution.

Policy Experience

Mr. Bopp engages in high-level, strategic policy and related regulatory work on a variety of issues.  His clients have included General Electric Company, U.S. Chamber of Commerce, Business Roundtable, Ticketmaster, Farmers Insurance, Microsoft, Fairfax Financial, Goldman Sachs, General Dynamics, University of Maine, MetLife, Perry Capital, International Swaps and Derivatives Association and Ligado.

Mr. Bopp has handled a variety of financial regulatory reform issues.  He has helped numerous clients work with Congress and the Administration on regulatory reform legislation, and shape, prepare for, and sometimes challenge new regulatory requirements promulgated as a result of the Dodd-Frank Act.

Among his many successes is helping to create and run the Coalition for Derivatives End-Users, which has roughly 300 active company and trade association members.  The Coalition works on both legislative and regulatory fronts to help protect interests of end-user companies in the debate over appropriate regulation of derivatives and has been a highly-successful participant in these processes.   The Coalition’s top two priorities – establishing a  statutory margin exemption for end-users and a clearing exemption for end-users that hedge through centralized treasury units –are two of the only substantive amendments to the Dodd-Frank Act that have become law.

As a result of this work, Mr. Bopp has been named one of the 100 most influential people in finance by Treasury and Risk magazine and has been asked to testify before Congress.

Mr. Bopp also has assisted clients in numerous other policy areas, including budget, appropriations, housing, telecommunications, judiciary, patent, antitrust, transportation, homeland security, tax and bankruptcy.  He has particular expertise with respect to issues involving the Office of Management and Budget (OMB).

From 2006-2008, Mr. Bopp served as Associate Director of OMB and was responsible for overseeing budgets and coordinating regulatory, legislative, and other policy for approximately $150 billion worth of spending for various government agencies, including the Departments of Treasury, Homeland Security, Transportation, Justice, Housing and Urban Development, and Commerce, the General Services Administration, the U.S. Securities and Exchange Commission and the Commodity Futures Trading Commission.

From 2003 to 2006, he served as Staff Director and Chief Counsel of the Committee on Homeland Security and Governmental Affairs, one of the Senate’s largest committees and most expansive in terms of jurisdiction. He oversaw more than 100 hearings, led numerous investigations and was a primary drafter of key legislation, including the Intelligence Reform and Terrorism Prevention Act of 2004, the most significant reform of the intelligence community in more than 50 years, and 2006 legislation strengthening port security and overhauling the Federal Emergency Management Agency. He also directed a 50-person investigation of the failure of preparations and response to Hurricane Katrina. The investigation included 22 hearings, 325 witnesses, more than 800,000 pages of documents and an 800 page report.

Mr. Bopp served as Legislative Director and General Counsel to Senator Susan Collins of Maine from 1999 to 2003.  He was Chief Counsel to the Subcommittee on Oversight and Investigations of the Committee on Education and the Workforce in the U.S. House of Representatives from 1998 to 1999, where he investigated alleged improper activities undertaken by Teamsters’ officials.  Before that, he worked on the Congressional investigation of campaign finance abuses as senior investigative counsel to the House Committee on Government Reform and Oversight and as counsel for the Senate Committee on Governmental Affairs. He also previously served as counsel on the Senate Permanent Subcommittee on Investigations.  Mr. Bopp served as outside general counsel to the campaign to re-elect Senator Susan Collins.

Mr. Bopp received his law degree cum laude from Harvard Law School where he was Articles Editor on the Journal of Law and Public Policy.  He graduated magna cum laude, with honors, in public policy from Brown University.

Publications

Law Review Articles

Bopp, Michael D., Hungar, Thomas; Schropp, Chantalle Carles, “How President Trump’s Tangles With Committees Have Weakened Congress’s Investigative Powers,” University of Virginia Journal of Law & Politics, Vol. 37, No. 1, 2021

Bopp, Michael D., Eyler, Gustav W., Richardson, Scott M., “Trouble Ahead, Trouble Behind:  Executive Branch Enforcement of Congressional Investigations,”  Cornell Journal of Law & Public Policy, 2015

Bopp, Michael D., Lay, DeLisa, “The Availability of Common Law Privileges for Witnesses in Congressional Investigations,” Harvard Journal of Law & Public Policy, Summer 2012

Other Publications

Bopp, Michael D., Hungar, Thomas, Jones, Roscoe Jr., “The Power to Investigate: Table of Authorities of House and Senate Committees for the 117th Congress,” September 2021

Bopp, Michael D., Hungar, Thomas, Jones, Roscoe Jr., “Congressional Investigations in the 117th Congress: Choppy Waters Ahead for the Private Sector?,” January 2021

EDUCATION

Harvard University - 1992 Juris Doctor

Brown University - 1987 Bachelor of Arts

ADMISSIONS

District of Columbia Bar

New York Bar

RECENT PUBLICATIONS

Client Alert - March 29, 2023 | Gas Stoves: Developing Regulatory and Litigation Actions
Client Alert - March 14, 2023 | Gibson Dunn Distressed Banks Resource Center
Client Alert - March 14, 2023 | Distressed Bank Update – A New Paradigm
Article - March 6, 2023 | 118th Congress: Investigative Tools And Potential Defenses
Article - March 3, 2023 | 118th Congress: Investigative Priorities And Rule Changes
Client Alert - March 2, 2023 | CHIPS Act Update: Applications Wanted
Webcasts - January 18, 2023 | Webcast: Congressional Investigations in the 118th Congress: What to Expect and How to Prepare
Client Alert - January 13, 2023 | Congressional Investigations in the 118th Congress: ESG, China, and the Biden Administration Take Center Stage
Webcasts - January 11, 2023 | Webcast: Internal Investigations
Webcasts - December 14, 2022 | Webcast: What’s Next? The Legislative and Policy Landscape in the 118th Congress
Client Alert - December 12, 2022 | What Senator Sinema’s Party Switch Means for the Senate
Firm News - December 7, 2022 | Michael Bopp and Roscoe Jones, Jr. Named Top Lobbyists 2022
Client Alert - November 18, 2022 | Biden’s National Security Strategy Reinforces Tech Decoupling and Increased Regulatory Focus
Client Alert - November 9, 2022 | 118th Congress: Outlook for Congressional and Committee Leadership Selections
Client Alert - July 29, 2022 | Inflation Reduction Act of 2022 Would Modify the Tax Treatment of Carried Interests, Include a Corporate Minimum Tax, and Expand Clean Energy Tax Incentives
Firm News - June 1, 2022 | Gibson Dunn Earns 101 Top-Tier Rankings in Chambers USA 2022
Client Alert - May 5, 2022 | CFPB Invokes Dormant Dodd-Frank Authority to Regulate Nonbank Financial Companies
Client Alert - March 10, 2022 | The Biden Administration’s Digital Assets Executive Order and Its Implications
Client Alert - January 10, 2022 | How Former President Trump’s Tangles with Committees Have Weakened Congress’s Investigative Powers
Client Alert - September 10, 2021 | The Power to Investigate: Table of Authorities of House and Senate Committees for the 117th Congress
Client Alert - June 15, 2021 | Bipartisan Group of Senators Strikes Infrastructure Deal, But Challenges For Senate Passage Remain
Client Alert - May 29, 2021 | Biden Administration Releases Fiscal Year 2022 Budget, Together With a “Greenbook” Providing Detailed Descriptions of Proposed Changes to Federal Tax Law and Accompanying Revenue Estimates
Firm News - May 20, 2021 | Gibson Dunn Earns 94 Top-Tier Rankings in Chambers USA 2021
Client Alert - March 22, 2021 | Senator Klobuchar Proposes Major Antitrust Bill
Client Alert - February 16, 2021 | The Biden Administration: New Priorities in the Banking, Fintech and Derivatives Sectors
Client Alert - February 9, 2021 | President Biden Issues Executive Orders on Climate Change Policy
Client Alert - January 29, 2021 | Congressional Investigations in the 117th Congress: Choppy Waters Ahead for the Private Sector?
Webcasts - January 22, 2021 | Webcast: New Congress and New Administration: A Different Legislative and Policy Landscape for Companies
Client Alert - January 21, 2021 | Biden Administration Issues Rulemaking Freeze and New Orders Governing the Regulatory Process
Client Alert - January 19, 2021 | 2020 Year-End Update on Corporate Non-Prosecution Agreements and Deferred Prosecution Agreements
Client Alert - January 14, 2021 | Small Business Administration Publishes Interim Final Rules for First Draw and Second Draw PPP Loans
Article - January 8, 2021 | Financial Policy in the Incoming Biden Administration: What Can We Expect?
Client Alert - December 23, 2020 | Coronavirus Relief Package Passed by Congress Would Revive Paycheck Protection Program and Provide Additional Relief to Eligible Businesses
Webcasts - December 8, 2020 | Webcast: Congressional Investigations and Oversight Post-Election
Webcasts - December 2, 2020 | Webcast: What’s Next? The Legislative and Policy Landscape After the 2020 Election
Client Alert - June 9, 2020 | Federal Reserve Modifies Main Street Lending Programs to Expand Eligibility and Attractiveness
Client Alert - June 8, 2020 | President Signs Paycheck Protection Program Flexibility Act
Client Alert - June 1, 2020 | Federal Reserve Releases Application Materials and Guidance for the Main Street Lending Programs
Client Alert - May 20, 2020 | President Trump Issues Executive Order on Regulatory Relief to Support Economic Recovery
Client Alert - May 18, 2020 | Small Business Administration Publishes Loan Forgiveness Application
Client Alert - May 5, 2020 | Federal Reserve Issues New Guidance on Primary Market Corporate Credit Facility, Including Use of Subsidiary Issuers
Client Alert - May 1, 2020 | Federal Reserve Announces Revisions To And Expansion Of The Main Street Lending Programs
Client Alert - April 29, 2020 | Small Business Administration Publishes Additional Interim Final Rules and New Guidance Related to PPP Loan Eligibility and Accessibility
Firm News - April 24, 2020 | Gibson Dunn Earns 84 Top-Tier Rankings in Chambers USA 2020
Client Alert - April 24, 2020 | The Multipronged Approach to Government Oversight and Investigations Related to COVID-19 and the CARES Act
Client Alert - April 9, 2020 | Analysis of Small Business Administration Memorandum on Affiliation Rules and FAQs on Paycheck Protection Program
Client Alert - April 9, 2020 | Treasury and Fed Release High-Level Terms of Main Street and Paycheck Protection Lending Facilities
Client Alert - April 4, 2020 | Small Business Administration Issues Interim Final Rule on Affiliation, Summary of Affiliation Tests, Lender Application Form and Agreement, and FAQs for Paycheck Protection Program
Client Alert - April 3, 2020 | Small Business Administration Issues Interim Final Rule and Final Application Form for Paycheck Protection Program
Client Alert - April 1, 2020 | Small Business Administration and Department of Treasury Publish Paycheck Protection Program Loan Application Form and Instructions to Help Businesses Keep Workforce Employed
Client Alert - March 31, 2020 | The CARES Act Decoded:  A Primer for Real Estate Stakeholders & What to Focus on Next
Client Alert - March 30, 2020 | COVID-19 And Life Sciences Companies – 10 Actions To Consider
Client Alert - March 27, 2020 | SBA “Paycheck Protection” Loan Program under the CARES Act
Client Alert - March 26, 2020 | Senate Advances the CARES Act, the Largest Stimulus Package in History, to Stabilize the Economic Sector During the Coronavirus Pandemic
Client Alert - March 20, 2020 | Senate Majority Leader Introduces Emergency Stimulus Bill
Client Alert - March 19, 2020 | The Defense Production Act and COVID-19: What Industry Needs to Know
Client Alert - March 18, 2020 | Emergency Federal Measures to Combat Coronavirus
Client Alert - November 13, 2019 | Navigating the Murky Waters of Impeachment: FAQs
Client Alert - July 9, 2019 | The Power to Investigate: Table of Authorities of House and Senate Committees for the 116th Congress
Webcasts - March 1, 2019 | Webcast: New Authorities/New Priorities: Congressional Investigations in the 116th Congress
Client Alert - January 29, 2019 | Investigations in the 116th Congress: A New Landscape and How to Prepare
Client Alert - July 9, 2018 | H.R. 4010: The Congressional Subpoena Compliance and Enforcement Act of 2017
Webcasts - June 27, 2018 | Webcast: Developments in Virtual Currency Law and Regulation
Firm News - March 28, 2018 | Eleven Partners Named 2018 BTI Client Service All Stars
Client Alert - November 14, 2017 | U.S. Treasury’s Capital Markets Report Gives Market Regulators Green Light to Streamline Derivatives Regulations
Client Alert - October 27, 2017 | Ready? Set? Harmonize. The CFTC and EC Announce Two Actions to Harmonize Their Derivatives Regulations
Client Alert - July 28, 2017 | Congress Seeks to Force (and Tie) President’s Hand on Sanctions Through Passage of Significant New Law Codifying and Expanding U.S. Sanctions on Russia, North Korea, and Iran
Client Alert - June 1, 2017 | The Power to Investigate: Table of Authorities of House and Senate Committees for the 115th Congress
Client Alert - May 10, 2017 | House Financial Services Committee Financial Choice Act 2.0: Key Banking, Derivatives and Rulemaking Reforms
Client Alert - April 28, 2017 | The Commodities Activities of Banks: Comments on the Federal Reserve’s Notice of Proposed Rulemaking Reveal Key Concerns and Divides
Webcasts - March 30, 2017 | Webcast: Congressional Investigations: Where is the 115th Congress Heading?
Client Alert - February 6, 2017 | President Trump Issues Executive Order on Financial Regulation, and Memorandum on Department of Labor Fiduciary Rule
Client Alert - January 31, 2017 | President Trump Issues Executive Order on Reducing Regulation and Controlling Regulatory Costs
Client Alert - November 30, 2016 | Tools of Transition: Procedural Devices That Could Help the President-Elect Implement His Agenda
Client Alert - November 14, 2016 | Financial Regulatory Reform Under a Trump Presidency: What We Know and What to Expect
Client Alert - October 3, 2016 | ESMA Proposal Sets the Stage for Mandatory Trade Execution Requirements in Europe
Client Alert - September 30, 2016 | Sovereign Immunity Limits Imposed by the Justice Against Sponsors of Terrorism Act
Client Alert - May 17, 2016 | CFTC Proposal Sparks Controversy by Permitting Private Lawsuits in FERC-regulated Electricity Markets
Article - May 16, 2016 | Trouble Ahead, Trouble Behind: Executive Branch Enforcement of Congressional Investigations
Client Alert - April 13, 2016 | Recent Developments in CFTC Enforcement
Client Alert - February 17, 2016 | Good News on International Harmonization: CFTC and European Commission Strike Agreement on Equivalence for CCPs
Client Alert - February 9, 2016 | The Final Margin Framework for Uncleared Swap Transactions
Client Alert - October 21, 2015 | The Power to Investigate: Table of Authorities of House and Senate Committees for the 114th Congress
Client Alert - August 19, 2015 | Mandatory Clearing Makes Its Way to Europe: European Commission Adopts New Rules Requiring Clearing for OTC Interest Rate Derivatives
Client Alert - April 8, 2015 | U.S. SEC Implements Dodd-Frank Act Title VII: Reporting and Public Dissemination Rules for Security-Based Swaps
Client Alert - July 29, 2014 | When Supply Contracts are Considered Swaps: The Effects of the CFTC’s Interpretation of Embedded Volumetric Optionality on Derivatives End-Users
Client Alert - April 28, 2014 | The Commodities Activities of Banks: Comments on the Federal Reserve’s Advance Notice of Proposed Rulemaking
Webcasts - February 5, 2014 | Webcast – Congressional Investigations 2014
Client Alert - January 29, 2014 | Are You Ready to Report? European Market Infrastructure Regulation (EMIR) Derivatives Reporting Obligation Becomes Effective on February 12, 2014
Client Alert - December 13, 2013 | The Final Volcker Rule
Client Alert - June 20, 2013 | Through the Looking Glass: The Disclosure of Ultimate Ownership and the G8 Action Plan
Client Alert - June 17, 2013 | Public Companies and the “End-User Exception” for Swaps: Governance Action Items
Client Alert - June 5, 2013 | The Consumer Financial Protection Bureau: Its Foundation, Authorities, and First Year of Enforcement
Client Alert - May 22, 2013 | The Power to Investigate: Table of Authorities of House and Senate Committees for the 113th Congress
Client Alert - April 2, 2013 | House Committees Release Oversight Agendas for 113th Congress
Client Alert - January 23, 2013 | CFTC’s Final Exemptive Order and Further Proposed Guidance on Cross-Border Swaps
Article - August 6, 2012 | The Availability of Common Law Privileges for Witnesses in Congressional Investigations
Client Alert - August 3, 2012 | Impact and Analysis of the CFTC’s Final Rule Relating to the End-User Exception to the Clearing Requirement for Swaps
Client Alert - May 16, 2012 | Dodd-Frank Act Implementation: Impact of Title VII and Related CFTC and SEC Regulations on Derivatives End-Users
Client Alert - March 23, 2012 | CFTC Adopts Final Rules Implementing Real-time Public Reporting of Swap Data and Re-Proposes Rules Relating to Block Trades
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