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Serious insight for serious situations.

Serious insight for serious situations.

My lips are sealed: The importance of honouring confidentiality obligations following a settlement

One of the main advantages of settling a dispute before a trial is that the parties can agree to keep the terms of the settlement confidential.  In contrast, judges’ decisions form part of the public record and can be easily accessed online. Those decisions include details of the allegations, findings of credibility and findings of

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The “boomerang employee” – Think before re-hiring the “comeback kid”

This past weekend, I was fascinated to read Leah Eichler’s story in the Globe and Mail about “Boomerang Employees.”  Having never heard the term, I was interested to learn that it refers to an employee who leaves an organization only to later return to that same organization for a second term of employment, presumably after

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Shhhhh….. Breathing new life into confidentiality provisions: The Globe and Mail wins its case against Jan Wong

I often find myself explaining the meaning of a confidentiality provision to an employer who I am representing in mediation or in settlement negotiations.   I am always asked what if the other side breaches it and says something about what we have agreed to pay them?  What can I do?  The answer, I must admit,

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The new breed of “accidental entrepreneurs”

I was fascinated to read Leah Eichler’s article in the Globe and Mail this past weekend discussing the rise of a new breed of “accidental entrepreneurs”.  Unlike traditional entrepreneurs, who are motivated by a passion to solve a problem or turn a hobby into a paying job, the “accidental entrepreneur” has been spawned by the

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Lessons from Lance

I’ve been following the news reports over the last few weeks covering the story of disgraced cyclist, Lance Armstrong.I’m struck by several things: (1) that Lance continues to admit no wrongdoing, despite mounting evidence of his participation in doping; and (2) the distinctions that are being drawn between sports personalities like Tiger Woods and Kobe

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