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Fareed: Democrats Blew It With 3 Big Mistakes

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The following is reprinted from Fareed Zakaria’s article in “Fareed’s Global Briefing.” It sure gives an astute assessment of the recent USA election.

Incumbents have been trounced worldwide in this global year of elections, Fareed writes in his latest Washington Post column, but Kamala Harris had a chance to buck that trend. The US economy is faring better than many others, and Donald Trump had monumental weaknesses as a candidate.Democrats made three mistakes, Fareed writes. One was to not take immigration and illegal border crossings more seriously. The flurry of criminal cases against Trump felt like a pile-on. The final mistake, Fareed writes, was broader: allowing identity politics to dominate.“The problem is much deeper than simply one about nouns and pronouns,” Fareed writes. “The entire focus on identity has morphed into something deeply illiberal—judging people by the color of their skin rather than the content of their character. Similarly, university speech codes and cancel culture have become ways that the left censored or restricted that most cherished of liberal ideas, freedom of speech. One simple way to think about the lessons of this election is that liberals cannot achieve liberal goals—however virtuous—by illiberal means.”
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Movember Begins: A New Look for a Good Cause

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As we step into November, I’m joining the global Movember movement—a commitment to grow a moustache over the month to raise awareness and funds for men’s health. Yes, you’ll see me with a (hopefully impressive) moustache by the end of this journey, and it’s all for a great cause!

Movember focuses on raising awareness for issues like prostate cancer, testicular cancer, and mental health, and every bit of support helps drive conversations, research, and support networks for men in need. Today, I’m sharing my “before” picture—no moustache yet! Come December, I’ll post my “after” shot, showcasing a (fingers crossed) noticeable transformation.

If you’re able to contribute, please consider supporting this cause. Donations go directly to programs that make a real difference in men’s lives. And if nothing else, check back to see how the moustache comes in—I might need the encouragement!

Thank you for being a part of this journey with me. Every little bit counts in helping us move the needle on men’s health.
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Are You Sure Your Independent Contractor Is "Independent"?

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A truly independent contractor arrangement provides parties with the freedom to contract without many of the constraints applicable to employment relationships. However, not all contractor relationships are the same. While some contractors are truly "independent", others are "dependent" on their relationship for livelihood. In the latter case, the freedom to contract can be limited by implied obligations such as notice of termination requirements, and by express obligations, such as the statutory right to form and be part of unions.

This raises an important question: How does one determine if an individual providing services is an independent contractor or a dependent contractor?
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In memory of Kelly Janson

Kelly Janson
It is with great sadness that we announce the passing—yesterday—of our former colleague, Kelly Janson. She was an integral member of our team, bringing not only exceptional skill and dedication, but also a spirit of kindness and camaraderie that touched everyone she worked with.

Kelly will be remembered for her tireless work ethic, infectious enthusiasm, and unwavering commitment to excellence. Her contributions have left a lasting impact on our firm and in the hearts of all who had the privilege of knowing her.

Our thoughts and deepest condolences are with Kelly’s family and friends during this difficult time. She will be greatly missed, but never forgotten.

Rest in peace, Kelly.
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Highest Punitive Damages Award In Canadian Jurisprudential History

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The 2023 decision of the Ontario Court of Appeal in Baker v Blue Cross Life Insurance Company of Canada, 2023 ONCA 842 is officially the highest punitive damages award in Canadian jurisprudential history. The Court of Appeal upheld the jury's award of $1,500,000 in punitive damages against Blue Cross Insurance Company of Canada due to their "pattern of misconduct that, at best, shows reckless indifference to its duty to consider [Ms. Baker's] claim in good faith and conduct a good faith investigation, and at worst, demonstrates a deliberate strategy to wrongfully deny her benefits, regardless of the evidence that demonstrated an entitlement". Read More...

Navigating The Future Of Remote Work

Remote Work
Remote work continues to evolve, as digital nomads and a variety of hybrid work arrangements become permanent features of many workplaces. These arrangements create new operational and legal compliance challenges for employers. It has become critical for employers to be able to mitigate risks associated with remote work and hybrid work environments, while at the same time achieving the flexible workplace objectives that have become table-stakes for employees in many settings.

Employee preferences may not be the only driver of remote work today, as organizations have also recognized that it has certain benefits, especially since the pandemic. Even as adjudicators grapple with novel issues that continue to arise from remote work arrangements, organizations must aim to balance their business decisions against important legal considerations.
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