| November 28, 2011- HR Director’s Remarks Can Constitute Direct Evidence of Discrimination |
| The Court of Appeals Reverses Summary Judgment in Makowski v. SmithAmundsen LLC. |
| (+) more info |
|
| October 24, 2011- Proposed Legislation Imposes New Requirements and Higher Penalties for Employee Misclassification |
| The Employee Misclassification Prevention Act (H.R. 3178) |
| (+) more info |
|
| October 17, 2011 – Caffarelli & Siegel Ltd. Wins Summary Judgment in FMLA Case |
| Cuff v. Trans States Holdings, Inc., et al. |
| (+) more info |
|
| October 3, 2011- EEOC Files Suit against Bass Pro for Race Discrimination |
| Complaint Alleges Bass Pro Refused to Hire Qualified Applicants and Retaliated against Employees Who Opposed its Hiring Practices.
|
| (+) more info |
|
| September 26, 2011- ABA Announces that Lawyers Must Protect the Confidentiality of E-mail Communications with Clients |
| American Bar Association Issues Formal Opinion 11-459.
|
| (+) more info |
|
| Caffarelli & Siegel Welcomes New Law Clerk |
| Susan Baker Joins the Team of Caffarelli & Siegel Ltd.
|
| (+) more info |
|
| August 1, 2011- Direct Care Job Quality Improvement Act Introduced into House and Senate |
| Amendment to FLSA would extend protections to home care workers.
|
| (+) more info |
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| June 20, 2011- Supreme Court Denies Certification in Employment Discrimination Lawsuit Against Wal-Mart |
| Plaintiffs sought to certify a class of 1.5 million current and former female employees nationwide who alleged gender-based discrimination in promotions and pay by the largest private employer in the country.
|
| (+) more info |
|
| June 6, 2011 - Several States Consider Loosening their Child-Labor Laws |
| Illinois currently lacks hourly restrictions for employees 16 to 18 years old. |
| (+) more info |
|
| June 1, 2011 - SEC Announces Rules for Whistleblower Reward Program |
| New rules incentivize, rather than mandate, internal reporting. |
| (+) more info |
|
| May 16, 2011 - Department of Labor Releases Timesheet Smartphone Application |
| Application will enable employees to keep track of hours worked and improve their ability to claim unpaid wages. |
| (+) more info |
|
| May 9, 2011 - Second Circuit Denies Compensation for Commuting Time under the FLSA, Confirms Lenient Standard for Establishing Unpaid Overtime Hours |
| Court permits an employee to substantiate a claim for overtime pay based upon the employee’s own recollection of hours worked. |
| (+) more info |
|
| May 2, 2011 - Eighth Circuit Court Holds that Applebee’s Must Pay Tipped Employees Minimum Wage for Performing a Substantial Amount of Non-tipped Work |
| Eighth Circuit holds that if an employee spends more than 20% of his time on non-tipped work, the employer cannot apply the FLSA tip credit to all of his wages. |
| (+) more info |
|
| April 25, 2011 - Massachusetts District Court Uses Novel Rationale to Find that Undocumented Workers May Bring Collective FLSA Claims |
| A Massachusetts District Court has denied the employer discovery of employee immigration status, sought for the purpose of defeating conditional class certification under the FLSA. |
| (+) more info |
|
| April 18, 2011 - Accountant Receives $4.5M Award under IRS Whistleblower Law |
| An accountant who provided information to the IRS about his employer’s fraudulent tax activity received an award equaling 22% of the taxes recovered by the government. |
| (+) more info |
|
| April 11, 2011 - Equal Pay Day on April 12, 2011 Aims to Heighten Awareness of the Gap in Wages between Men and Women |
| NELA-Illinois members to attend NCPE rally at Daley Plaza to highlight Equal Pay Day. |
| (+) more info |
|
| April 4, 2011 – EEOC Publishes Final Regulations for ADA Amendments Act |
| Final regulations clarify how to determine who has a “disability” and simplify the process for claiming protection under the ADA.
|
| (+) more info |
|
| March 28, 2011 – Supreme Court Holds that an Employer cannot Retaliate Against an Employee for Making an Oral Complaint of a FHSA Violation |
| Supreme Court holds that the FLSA antiretaliation provision includes protection after making oral complaints. |
| (+) more info |
|
| March 21, 2011 – District Court Holds Class Action Waiver in Arbitration Agreement as Unenforceable |
| Court holds that a class action waiver in an arbitration agreement deprived the plaintiff of her rights under FLSA. |
| (+) more info |
|
| March 7, 2011 – Supreme Court Holds Company Liable for Supervisors’ Discriminatory Actions where the Company Based its Employment Decision on the Supervisors’ Recommendation |
| The Supreme Court held that a company was liable for employment discrimination committed by an employee who influenced but did not make the ultimate adverse employment action. |
| (+) more info |
|
| February 28, 2011 – Marc Siegel Addresses NELA-Illinois 10th Annual Seventh Circuit Conference |
| Marc Siegel spoke on a panel presenting the best practices for achieving a settlement. |
| (+) more info |
|
| February 21, 2011 – Caffarelli & Siegel Ltd. Successfully Appeals Summary Judgment Ruling Before the Seventh Circuit |
| Seventh Circuit decision enables retaliation claim to continue, allows for increased use of inferences to make causal connections in retaliation cases. |
| (+) more info |
|
| February 14, 2011 – Seventh Circuit Holds that Medical Evidence of a Disability is not Necessary to State a Claim under the Americans with Disabilities Act |
| The Seventh Circuit holds that no statute or prior case law required the use of medical evidence to demonstrate an employee’s substantial limitations under the Americans with Disabilities Act. |
| (+) more info |
|
| February 7, 2011 - Supreme Court Allows for Third-Party Retaliation Claims under Title VII |
| The Supreme Court holds that an employer could be subject to liability for firing the fiancé of an employee who filed a Title VII discrimination claim. |
| (+) more info |
|
| January 31, 2011 - Jewel-Osco Settles ADA Suit for $3.2 Million |
| 110 employees participated in suit alleging that Jewel repeatedly fired employees who had filed disability claims. |
| (+) more info |
|
| January 24, 2011 – Federal Courts May Preside over “Combined Actions” Involving Collective Actions Brought under FLSA which Also Include a State-Law Class Action. |
| Seventh Circuit clarifies confusion among trial courts as to whether a federal court presiding over a FLSA collective action could exercise supplemental jurisdiction over a Rule 23(b)(3) state-law class action.
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| (+) more info |
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| January 17, 2011 - EEOC Charge Statistics Reveal a Significant Increase in Complaints |
| The EEOC received more charges last year than in any of the previous 14 years. |
| (+) more info |
|
| January 10, 2011 – Caffarelli & Siegel Ltd. Welcomes New Law Clerk |
| Jacob Gilbert joins the team of Caffarelli & Siegel Ltd. |
| (+) more info |
|
| January 3, 2011 - Senate Confirms Chair, Commissioners and General Counsel of EEOC |
| Jacqueline A. Berrien, Chai R. Feldblum, Victoria A. Lipnic and P. David Lopez confirmed following nominations by President Obama |
| (+) more info |
|
| December 6, 2010 - Supreme Court Grants Certiorari in Wal-Mart Stores, Inc. v. Dukes, 10-277 |
| Wal-Mart seeks review following certification of class of female employees. |
| (+) more info |
|
| November 15, 2010 - Supreme Court of Illinois Holds Admissions Ceremony |
| Caffarelli & Siegel Ltd. Associate Madeline Engel Sworn In |
| (+) more info |
|
| November 1, 2010 - Supreme Court to Hear Oral Arguments on Cat’s Paw Theory of Liability |
| Staub v. Proctor Hospital |
| (+) more info |
|
| October 18, 2010 - Supreme Court Hears Oral Arguments in Kasten v. Saint-Gobain Performance Plastics Corp. |
| Court to issue decision on whether oral complaints are protected activity under FLSA § 215(a)(3) |
| (+) more info |
|
| October 11, 2010 - Alejandro Caffarelli to Moderate Panel at ABA Conference on Labor and Employment Law |
| 4th annual conference scheduled for November 3 – 6, 2010. |
| (+) more info |
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| October 4, 2010 - Lorrie Peeters to Speak at the IPA 2010 Fall Education Program |
| Discussion will explore the interplay between social networking and employment law. |
| (+) more info |
|
| September 27, 2010 - Dependent Coverage Requirements of Affordable Care Act Effective |
| New health care law now requires coverage of dependents age 26 and younger. |
| (+) more info |
|
| September 20, 2010 - Caffarelli & Siegel Ltd. Files Class Action Under FLSA |
| Jose Robles v. R&L Carriers. |
| (+) more info |
|
| September 13, 2010 - Governor Quinn Signs Amendment to Illinois Family Military Leave Act |
| New law expands definition of “eligible employee”. |
| (+) more info |
|
| August 30, 2010 - Illinois Wage Payment and Collection Act Amended to Increase Employee Protections |
| Illinois Wage Theft Enforcement Act to take effect on January 1, 2011. |
| (+) more info |
|
| August 23, 2010 - Dodd-Frank Act Strengthens Whistleblower Protections |
| Financial Reform Legislation Encourages and Protects Employee Reports to Regulatory Agencies |
| (+) more info |
|
| August 16, 2010 - Caffarelli & Siegel Ltd. Defeats Motion to Dismiss FMLA Case |
| Cuff v. Trans States Holdings, Inc., et al. |
| (+) more info |
|
| August 9, 2010 - Governor Quinn Enacts Employee Credit Privacy Act |
| Illinois law will prohibit employers from discriminating on basis of employees’ credit history. |
| (+) more info |
|
| June 28, 2010 - Department of Labor Broadens Caretaker Coverage under FMLA |
| Administrator’s Interpretation No. 1010-3 clarifies definition of “son or daughter”. |
| (+) more info |
|
| June 14, 2010 - Senate and House Hearings Held on Protecting Older Workers Against Discrimination Act |
| Age discrimination plaintiffs could prevail on their claims by showing only that age was a motivating factor driving an adverse employment action. |
| (+) more info |
|
| June 1, 2010 - Employee Misclassification Prevention Act Introduced into House and Senate |
| The Act will seek to ensure that all individuals who are legally employees are properly classified. |
| (+) more info |
|
| May 24, 2010 - Caffarelli & Siegel defeats Defendant’s Motion for Summary Judgment |
| Gomez v. Car-Min Construction Co. |
| (+) more info |
|
| May 3, 2010 - Caffarelli & Siegel Ltd. Wins Federal Jury Trial in FMLA Retaliation Case |
| Rasic v. City of Northlake and Dennis Koletsos, individually |
| (+) more info |
|
| April 19, 2010 - Amendment to FLSA Requires Reasonable Break Time for Nursing Mothers |
| The Patient Protection and Affordable Care amends the FLSA to include a requirement that employers accommodate the needs of nursing mothers at work. |
| (+) more info |
|
| April 5, 2010 - Supreme Court to Determine Whether Oral Complaints are Protected Activity Under the Anti-Retaliation Provision of the FLSA |
| Kasten v. Saint-Gobain Performance Plastics Corp. |
| (+) more info |
|
| March 15, 2010 - Caffarelli & Siegel Ltd. Prepares for Upcoming Federal Jury Trial in FMLA Case |
| Rasic v. City of Northlake, et al. |
| (+) more info |
|
| February 15, 2010 - Caffarelli & Siegel Ltd. Welcomes New Law Clerk |
| Madeline Engel joins the team of Caffarelli & Siegel Ltd. |
| (+) more info |
|
| January 18, 2010 - Partners of Caffarelli & Siegel Receive Prestigious Recognition |
| Partners Alejandro Caffarelli and Marc J. Siegel have been selected for the inclusion on the 2010 Illinois Super Lawyers and Rising Stars |
| (+) more info |
|
| January 11, 2010 - Caffarelli & Siegel Ltd. Obtains Summary Judgment for the Plaintiff on an Issue of First Impression |
| Matthew Jackson v. Jernberg Industries, Inc. |
| (+) more info |
|
| December 28, 2009 - Caffarelli & Siegel defeats Defendant’s Motion for Summary Judgment |
| The case is scheduled to go to federal jury trial in February. |
| (+) more info |
|
| December 9, 2009 - Caffarelli & Siegel Ltd. Obtains Rare Reversal of Adverse Verdict |
| New trial is scheduled in the matter of White v. Anthology, Inc. |
| (+) more info |
|
| November 2, 2009 - Are You Misclassified? |
| How to Identify Whether You Have Been Wrongly Classified as an Independent Contractor and Potential Remedies |
| (+) more info |
|
| October 12, 2009 - Caffarelli & Siegel Ltd. Wins Federal Jury Trial in FMLA Case |
| Ulit v. Advocate South Suburban Hospital |
| (+) more info |
|
| September 15, 2009 - Caffarelli & Siegel Ltd. Goes toTrial |
| Firm Prepares for Upcoming Federal Jury Trial in FMLA Case |
| (+) more info |
|
| August 31, 2009 - Supreme Court May Resolve Circuit Split on “Cat’s Paw” Liability |
| Writ of certiorari seeks Supreme Court resolution to long-standing dispute on standard of liability in “cat’s paw” cases |
| (+) more info |
|
| July 20, 2009 - President Obama Announces Nominee for EEOC Chair |
| Jacqueline A. Berrien has been nominated to be the Chair of the U.S. Equal Employment Opportunity Commission (“EEOC”). |
| (+) more info |
|
| July 6, 2009 - Supreme Court Rules on Gross v. FBL Financial Services, Inc. |
| Supreme Court makes age discrimination cases more difficult to prove. |
| (+) more info |
|
| June 29, 2009 - Supreme Court Rules on Favor of New Haven Firefighters |
| The Supreme Court has determined that New Haven discriminated against white firefighters. |
| (+) more info |
|
| June 8, 2009 - USCIS Accepting H-1B Petitions for Fiscal Year 2010 |
| The number of H-1B petitions that USCIS has received is down from the previous few years, and visas remain available. |
| (+) more info |
|
| May 26, 2009 - Employer Violated the FMLA by retroactively designating an employee as part-time. |
| Seventh Circuit agrees that employee produced sufficient evidence that she was entitled to FMLA benefits, and she was terminated in retaliation for exercising her FMLA rights. |
| (+) more info |
|
| May 18, 2009 - Employer may Violate FMLA by Terminating an Employee, even if the Employee is Ineligible for Leave |
| FMLA retaliation protections extend to ineligible employees that request FMLA leave that will commence once the employee is eligible under the act. |
| (+) more info |
|
| May 11, 2009 - Summary Judgment Denied in White v. Anthology, Inc. |
| Former Human Resources Manager, alleges that she was terminated in violation of the Family and Medical Leave Act |
| (+) more info |
|
| May 4, 2009 - Promissory estoppel is a cause of action in Illinois |
| Illinois Supreme Court confirms that promissory estoppel is a cause of action in Illinois
|
| (+) more info |
|
| April 28, 2009 - Employer Liable for Supervisor Harassment |
| Illinois Supreme Court holds employers strictly liable for supervisor harassment
|
| (+) more info |
|
| February 23, 2009 - Supreme Court clarifies Title VII retaliation provision |
| Retaliation now includes participating in internal investigations |
| (+) more info |
|
| February 16, 2009 - Retaliation claims may not have to be specified in an EEOC charge |
| The 4th Circuit Court of Appeals holds that plaintiffs may allege retaliation for the first time in court |
| (+) more info |
|
| February 9, 2009 - Employer can fire transgender employee for violating dress code |
| Federal court holds that Title VII does not protect transgender employees who violate dress codes |
| (+) more info |
|
| February 2, 2009 - President Obama signs Ledbetter legislation into law |
| New law addresses discriminatory pay. |
| (+) more info |
|
| January 22, 2009 - Mental health problems to receive equal benefits with physical health problems |
| New law provides benefits for mental health and substance abuse problems. |
| (+) more info |
|
| January 7, 2009 - Seventh Circuit allows discrimination case to go to trial |
| Law firm may be liable for discriminating against Muslim employee. |
| (+) more info |
|
| December 31, 2008 - Sixth Circuit holds that Disabled Retirees are not covered under the ADA |
| Disabled retirees cannot sue their former employers for discrimination. |
| (+) more info |
|
| December 15, 2008 - The implications of the Employee Free Choice Act |
| The Employee Free Choice Act could drastically change unionization in the workplace. |
| (+) more info |
|
| December 8, 2008 - Second Circuit holds that assault is not an adverse employment action |
| Assaults must be “extraordinarily severe” to warrant protection under Title VII. |
| (+) more info |
|
| December 1, 2008 - Oral arguments made to the Supreme Court in Crawford v. Metropolitan Government of Nashville |
| Supreme Court considers whether participating in an internal investigation is a protected activity. |
| (+) more info |
|
| November 26, 2008 - New law extends Unemployment Insurance benefits |
| President Bush signed into law an extension of unemployment benefits. |
| (+) more info |
|
| November 24, 2008 - Employers may not discriminate against employees who choose to have an abortion |
| Protection under Title VII includes protection for receiving or contemplating an abortion. |
| (+) more info |
|
| November 17, 2008 - Voters in two states considered affirmative action in recent election |
| Nebraska and Colorado voted on whether to ban affirmative action. |
| (+) more info |
|
| November 10, 2008 - Obama/Biden signal labor and employment priorities as transition begins |
| Discrimination, family leave and unionization on Obama/Biden’s priority list for the new administration. |
| (+) more info |
|
| November 3, 2008 - New FMLA regulations sent to Office of Management and Budget for approval |
| The Department of Labor submitted a final draft of new regulations to the OMB |
| (+) more info |
|
| October 29, 2008 - District Court expands Title VII protection to include transgender individuals |
| Transgendered individuals may now receive protection from employment discrimination under Title VII. |
| (+) more info |
|
| September 29, 2008 - 7th Circuit Expands List of Protected Activities |
| Complaining internally about a Title VII investigation now considered protected activity. |
| (+) more info |
|
| September 22, 2008 - President Signed Genetic Discrimination Legislation Into Law |
| The Genetic Information Nondiscrimination Act is signed into law. |
| (+) more info |
|
| September 15, 2008 - Colorado Meatpacking Plant Laid Off 100 Muslim Immigrants |
| 100 employees fired after protesting employer’s refusal to accommodate their religion. |
| (+) more info |
|
| September 8, 2008 – U.S. House of Representatives passes Amendments to the ADA |
| Proposed ADA Amendments set to expand the definition of “disabled.” |
| (+) more info |
|
| August 11, 2008 - Plaintiff Alleges that Employer Interfered with his FMLA Rights |
| Caffarelli & Siegel files FMLA lawsuit against Ferrara Pan Candy Company |
| (+) more info |
|
| August 4, 2008 - U.S. Supreme Court finds that Section 1981 Encompasses Retaliation Claims |
| Retaliation Claim under Section 1981 Include Employment Related Claims |
| (+) more info |
|
| July 21, 2008 - Human Resources Manager Alleges that Employer Violated the FMLA |
| Caffarelli & Siegel files federal lawsuit against Anthology, Inc., alleging that Plaintiff was terminated in violation of the Family and Medical Leave Act. |
| (+) more info |
|
| July 14, 2008 - Caffarelli & Siegel Ltd. Contributes to the Formation of New Law |
| Caffarelli & Siegel Breaks New Ground: Court Rules on “First Impression” FMLA Issue |
| (+) more info |
|
| July 7, 2008 - Company Interfere with Employee's FMLA Rights |
| Caffarelli & Siegel files federal lawsuit against Jernberg Industries, Inc., alleging interference with Plaintiff’s right to intermittent leave pursuant to the Family and Medical Leave Act. |
| (+) more info |
|
| June 30, 2008 - Discrimination and Retaliation Lawsuit Against Fortune 500 Company |
| Caffarelli & Siegel files federal lawsuit against Gibson Electric Technology Solutions, alleging discrimination and retaliation on the basis of race, in violation of Title VII and Section 1981. |
| (+) more info |
|
| May 8, 2008 - Chicago Cab Company Allegedly Violates the FLSA |
| Caffarelli & Siegel files federal lawsuit against Chicago cab company, alleging violation of the Fair Labor Standards Act for failing to pay overtime rates. |
| (+) more info |
|
| April 30, 2008 - Seventh Circuit Court of Appeals Reverses FMLA Case Decision |
| Seventh Circuit finds summary judgment inappropriate in FMLA case where alleged performance problems could be attributed to employer’s failure to respond to
challenges of FMLA-protected absences
|
| (+) more info |
|
| April 25, 2008 - Caffarelli & Siegel Ltd. Newsletter |
| Click on this story to see the first volume of our 2008 newsletter for clients and friends of the firm. |
| (+) more info |
|
| April 22, 2008 - Supreme Court of Illinois Reverses Retaliatory Discharge Decision |
| The Supreme Court of Illinois Rules That Local Government Entities Are Not Immune From Retaliatory Discharge Claims |
| (+) more info |
|
| March 28, 2008 - Judgement Obtained in Wage Case |
| Busboys were terminated in retaliation for complaining about the minimum wage and overtime violations. |
| (+) more info |
|
| March 20, 2008 - Race Discrimination & Retaliation Case Goes to Arbitration |
| UPS supervisor is terminated on the basis of his race, Hispanic. |
| (+) more info |
|
| March 4, 2008 - Wage Case Filed on Behalf of Janitorial Employees |
| Chicago-area cleaning company failed to pay overtime or travel time to janitorial employees |
| (+) more info |
|
| USCIS has issued Revised 2007 Employment Eligibility Verification Form I-9 |
| U.S. Citizenship and Immigration Services announced on November 07, 2007 that it has released a new version of Form I-9, Employment Eligibility Verification, and M-274, Handbook for Employers, Instructions for Completing the Form I-9. Both documents are now available to download at www.uscis.gov. |
| (+) more info |
|
| Immigration News: Employment Authorization |
| Immigration and Customs Enforcement Announces New No-Match Regulations. |
| (+) more info |
|
| USCIS fees change on July 30, 2007. |
| The below fee schedule applies if you file on or after that date. The fees listed below include both the filing fee and any required biometric fees. |
| (+) more info |
|
| Decision - Kamboj v. Eli Lilly |
| Northern District of Illinois Issues Decision on Rights of At-Will Employees |
| (+) more info |
|
| Alternatives to H1-B Visa |
| USCIS announced that it has received enough H-1B petitions to meet the cap for fiscal year 2008. |
| (+) more info |
|
| Employers Required to Pay All Wages Due Upon the Termination |
| California Supreme Court Rules That Employer’s Must Pay All Wages Due Upon The Completion Of A Specific Job Requirement |
| (+) more info |
|
| Unenforceable Non-Competition Clause |
| The Northern District Of Illinois Finds Non-Competition Clause To Be Overly Broad And Unenforceable |
| (+) more info |
|
| Allowed Deductions for Cost of Cleaning Uniforms |
| The Department of Labor Clarifies When An Employer May Deduct The Cost Of Cleaning Uniforms From Tipped Employees |
| (+) more info |
|
| $920,000 Settlement in Sanchez, et al. v. Stampede Meat , Inc. Featured in the Chicago Daily Law Bulletin |
| The filed case of Sanchez, et al. v. Stampede Meat , Inc. was featured in the Chicago Daily Law Bulletin in April 2006. Caffarelli & Siegel Ltd. and Jac A. Cotiguala & Associates filed this lawsuit on behalf of the client, Alejandra Sanchez et al. |
| (+) more info |
|
| Recently Passed Employment Laws Take Effect |
| The Illinois Day and Temporary Services Act protects day laborers, and the Illinois Human Rights Act is amended to prohibit discrimination on the basis of sexual orientation. |
| (+) more info |
|
| Mendoza v. Dania Featured in News Media |
| On December 21, 2005, Caffarelli & Siegel Ltd. client Antonio Mendoza's lawsuit was featured in the Daily Herald Newspaper and on Univision. Click here to read the article. |
| (+) more info |
|
| Immigration Update: Pre-PERM Labor Certifcations |
| Due to the new PERM regulations governing labor certifications, cases filed prior to March 28, 2005 are being processed at Backlog Processing Centers. How this affects your pending labor certification. |
| (+) more info |
|
| Recent Developments in Employment Law |
| November 2005 - Jessica Fayerman |
| (+) more info |
|
| Recent Development Regarding Employment-Based Immigrant Visas |
| In October 2005, immigrant visa numbers retrogressed (backlogged) for several employment-based categories, including the most common Third Preference. What does this mean for you? |
| (+) more info |
|
| Summary Judgment Denied in Orozco v. Rock Tenn |
| Judge rules in favor of Caffarelli & Siegel Ltd. client Isidoro Orozco. |
| (+) more info |
|
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