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Articles by Alex Kagan
Mark your calendar: AODA compliance report deadline approaching
Ontario organizations facing due date at end of this year for report on training, accessibility requirements The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) is a unique statute that establishes specific compliance obligations for Ontario employers. Importantly, the AODA works in parallel to the Ontario Human Rights Code (the Code).
The Spectator Presents: Locke-ing and Un-Locke-ing the Declaration of Independence.”
The Spectator, in conjunction with The Generals Redoubt, the W&L Law Federalist Society and the W&L Politics Department, is thrilled to bring back former W&L Visiting Professor Lynn Uzzell to Lexington to discuss her new book: Locke-ing & Un-Locke-ing the Declaration of Independence: An Introduction to Jefferson’s Philosophy of Revolution.
The Spectator Presents: “Litigating Federalism: The Role of State Attorneys General at America 250.”
On September 18, The Spectator and the Washington and Lee School of Law Federalist Society, in conjunction with the W&L Politics Department and The Generals Redoubt, will host “Litigating Federalism: The Role of State Attorneys General at America 250.” The afternoon symposium will feature respected current and former members of state attorneys general’s offices, including W&L graduates, to discuss the role of those offices in high-stakes constitutional litigation.
The American Franchise Act: What It Could Mean For Canadian Franchisors
Jennifer Shayko’s articles from Aird & Berlis LLP are most popular: within Corporate/Commercial Law topic(s) with Finance and Tax Executives in Canada with readers working within the Healthcare industries The American Franchise Act ("AFA"), a bipartisan bill currently moving through U.S. Congress, could help bring clarity to franchising as a business model, with implications for Canadian operators.
Cross-border clarity: How U.S. franchise reform could affect Canadian brands
By Jennifer Shayko, Alex Kagan and Alyssa Marchese ( March 13, 2026, 8:26 AM EDT) -- The American Franchise Act (AFA), a bipartisan bill currently moving through U.S. Congress, could help bring clarity to franchising as a business model, with implications for Canadian operators.... Get instant access to the one-stop news source for business lawyers Register Now! Register for a complimentary 14-day trial with access to all sections and newsletters.
President Dudley To Resign, Take Claremont McKenna Presidency — The W&L Spectator
“[T]his will be my final year at Washington and Lee,” President William (Will) Dudley said in a message to the university community, which has been uploaded to the W&L website. Dudley, a Virginia native, is in his ninth full school year as president, his last after accepting the presidency at Claremont McKenna College in Claremont, California. “Ten years is long enough to grow deeply attached to the people and the place,” he said. “I will miss it and, most especially, all of you.
Open Hearings Jeopardize the Honor System — The W&L Spectator
Differing definitions of the “community of trust” also surfaced in the debate over whether undergraduates and law students belong to the same community. Over 80% of alumni answered affirmatively, and three-fourths of faculty did, but fewer than two-thirds of students agreed. This lack of transparency — barring outside discussion of Open Hearings and banning recordings — could help fuel salacious rumors.
President Dudley Reflects on Uniqueness of W&L — The W&L Spectator
“I feel like they're strong. Does that mean they're perfect? No,” President Dudley argued regarding the Honor System and Speaking Tradition. Prior to current student, faculty and alumni discussions of the Honor System, Washington and Lee President Will Dudley agreed to sit down for an interview with The Spectator. The interview, which will be released in several topic-specific sections, included a discussion about two of W&L’s defining, unique institutions.
W&L Faculty Polled on Honor System — The W&L Spectator
Over recent weeks, the Honor System has been the subject of constant debate among Washington and Lee students. These debates have illuminated stark disagreements among members of the W&L community, with many taking opposing sides on issues such as the Single Sanction, enforcement of the Honor System and more.
W&L Faculty and Staff Discuss Honor System Reforms — The W&L Spectator
The Honor System remains a topic of conversation throughout the W&L community. Students are not the only ones having this conversation — faculty and staff responded in droves to a Spectator poll seeking their comments on the Honor System. When asked what the most important change they would make to the Honor System, faculty and staff members took the question in several different directions. One respondent gave a positive assessment of the Honor System, expressing that they would change: “Nothing.
W&L Community Discusses Honor System’s Enforcement — The W&L Spectator
The Honor System, a defining feature of student life at Washington and Lee University, is a heavily debated issue among the student body. Many of its core components, including the Single Sanction, where all Honor Violations (HVs) result in the perpetrator being expelled, have elicited markedly opposing responses: being referred to by some as “extremely problematic,” yet retaining the support of just over half of respondents to The Spectator’s recent student poll.
W&L Community Discusses Honor System Reforms — The W&L Spectator
The Honor System remains a point of heavy debate on the campus of Washington and Lee. In an attempt to map out this debate, The Spectator sent out a poll to the student body, receiving over 175 responses.
W&L Students Polled on Honor System — The W&L Spectator
The student body is also divided about how to judge someone who has advanced to an open hearing. An open hearing, formally known as a Student Body Hearing, is a last-resort proceeding where members of the W&L student body sit in judgment of the accused. This type of hearing can only occur after a student is found guilty of an HV in an Executive Committee Hearing, a decision that otherwise results in the application of the Single Sanction.
Introductory Note from the Editor-in-Chief — The W&L Spectator
Dear Spectator readers, I am humbled to take on the mantle of editor-in-chief from the esteemed Andrew Thompson, ’25. While I cannot hope to replace Drew, nor the other editor-in-chief I had the pleasure of working under, Kamron Spivey, ’24, I can hope to emulate their leadership and continue their work. I am tremendously grateful to all those who have helped me on my path to this position. I want to thank the Board of The Spectator for entrusting me with this position.
Charlie Kirk, Terrorism and Curbing Political Violence — The W&L Spectator
This popularity is due in large part to what Thompson represented: a healthcare system that many Americans believe is broken, and an insurance industry whose business decisions can mean the difference between life and death for many Americans. Yet murder, for its own sake, is obviously not popular. Finding polling on what percentage of Americans support murder in general is impossible, as the concept of supporting random, senseless killing is antithetical to thebasic instinct of self-preservation.
Open Letter: A Turning Point for American Discourse — The W&L Spectator
Dear Spectator readers, Our hearts are heavy as we mourn the loss of Charlie Kirk, a steadfast champion of conservatism and a guiding voice for college students everywhere. It is hard to gauge the full impression he left on Washington and Lee University, where he spoke in both 2019 and 2024. Not everyone on campus agreed with him.
New Regulations For Gig Workers In Ontario And British Columbia
To listen to an audio recording of this article, click here. Canada's gig economy continues to grow steadily, with nearly half a million Canadians now engaged in this type of work. Many businesses rely on this form of highly flexible labour, prompting policymakers in Ontario and British Columbia to enact laws that protect some gig workers. The Government of Ontario has enacted the Digital Platform Workers' Rights Act, 2022 (the "Digital Platform Act"), which took effect on July 1, 2025.
Aird & Berlis Awarded 2025 Readers’ Choice Designation by Canadian HR Reporter
Aird & Berlis is honoured to have been chosen by the readers of Canadian HR Reporter as one of the top full-service law firms in the country in the Employment & Labour Law category. Readers’ Choice awards are presented to product and service providers in the HR community that have been recognized as the go-to leaders in their respective fields.
Annual Disclosure Under Canada's Mandatory Supply Chain Reporting Regime Due By May 31, 2025
In 2024, the Fighting Against Forced Labour and Child Labour in Supply Chains Act (the "Modern Slavery Act") officially came into force. Each year on May 31st, all applicable organizations in Canada must file a report (an "Annual Report") with Public Safety Canada, and publish the same report on their website, detailing the steps taken during the organization's previous fiscal year to prevent and reduce the risk that forced labour or child labour is used at any step of the production of goods.
Aird & Berlis Partners Recognized by HR Law Canada 2025 Awards Program
Aird & Berlis is pleased to announce that members of our Workplace Law Group have been recognized by HR Law Canada's inaugural Awards Program, which celebrates exceptional achievements and innovation in workplace law. Lorenzo Lisi has been named a Hall of Fame Inductee and Alex Kagan and Dasha Peregoudova have been listed as Top 5 Lawyers Under 40.
Peale’s George Washington Portrait Loaned for Semiquincentennial Celebrations — The W&L Spectator
This lack of public notice baffled Tom Camden, ‘76, former head of W&L’s Special Collections and a noted public historian. “There is no reason for … this secrecy,” he said, adding, “I don’t understand why the public relations department wouldn’t be more upfront with this.” “When you take a portrait like that out of the Reeves Center, there should have been a full explanation put in place for people to see,” Camden said.
Professor Lucas Morel on America250 — The W&L Spectator
“From the start, we have had to acknowledge that our birth and our development has been mixed with setbacks, contradictions, imperfections … [but] we have made tremendous strides to living up to our ideals as expressed in the Declaration,” described Professor Lucas Morel. Professor Lucas Morel, the John K. Boardman Jr. Professor of Politics and the head of the Politics Department at W&L, has a unique perspective on America’s 250th birthday celebrations.
America’s Pressing Counterinsurgency Problem — The W&L Spectator
If any one attribute can describe President Donald Trump, it is boldness. His recent strikes on the Houthis in Yemen, which have continued into recent days, have shown Trump’s renewed willingness to exert American power in the Middle East. Yet, Trump still must form a coherent plan for U.S. military policy in the Middle East, lest we continue the same airstrike-based whack-a-mole strategy against a revolving door of enemies, with no plan for achieving lasting peace.
Ukrainian Journalist Describes Media and War in Ukraine — The W&L Spectator
“We are spies from the people in the power structure: journalists control the power,” said Tetiana Sylina, speaking to a room full of students and community members at Washington and Lee University’s Hillel House. Sylina, a Ukrainian journalist, described the opportunities and challenges of reporting in a country with rampant war, misinformation, and corruption.
Former Solicitor General Prelogar Speaks at W&L Law School — The W&L Spectator
Professor Prelogar, who now teaches at Harvard Law School, was paired during the event with Professor Alan Trammel, Associate Professor of Law at W&L Law School and “one of the leading authorities on universal injunctions,” as well as an expert on the federal judiciary and civil procedure. Professor Trammal moderated the event, asking Prelogar questions and then selecting crowd members for questions.
Former Congressmen Share Thoughts on Legislating in Polarized Times — The W&L Spectator
Morel then asked the Congressmen, “In what ways is Congress not as bad as it looks?” Payne answered that “Congress is actually full of people who are really hard-working” and that members generally “care about the country.” Payne argued that the institution “suffers because it has no advocates,” as individual Congressmen often run on how broken Congress is.
Historian Overviews Western Virginia During Revolutionary War — The W&L Spectator
Parkinson started from the premise that the American colonies were “very disunited” headed into the Revolutionary War — even “more disunited than united.” He argued that two main factors brought the colonies together: the issue of race and the embrace of “the political theory of citizenship.” Parkinson argued that the specter of Native American and black collusion with the British helped to unite the colonies.
Professor Crockett Discusses Berlin Protest Experiences — The W&L Spectator
Crockett explained that after eighteen leftist students were expelled from a Berlin Film and Television Academy, debates among student radicals eventually settled on a mass student strike. “It's an irony of history, or perhaps an inevitability of history, that political extremism at either end of the spectrum is very unstable,” Crockett noted, later discussing how several of the far-left student radicals, including Rabehl, later became far-right figures.
The Sights of Washington and Trump’s Liberty Ball — The W&L Spectator
Aldean’s show was better received than that of Billy Ray Cyrus, whose technical difficulty-laden performance received national attention. After Aldean, the United States Air Force Band performed, staying on stage for singer Mary Millben’s performance of “The Star-Spangled Banner.” The Village People performed the night’s closing act. At 11:08, with “Sweet Home Alabama” playing, Secret Service agents began to sweep through the crowd.
Book Review: “Longstreet: The Confederate General Who Defied the South” — The W&L Spectator
Robert E. Lee’s image continues to permeate throughout America, with dozens of monuments, markers, roads, buildings, counties, and more still referencing the general. Thomas J. “Stonewall” Jackson has received much the same treatment, adorning a central statue in Lexington’s Oak Grove Cemetery. What of James Longstreet, the man who survived his own friendly fire incident to stay by Lee’s side for the rest of the war? Longstreet has two monuments in his honor standing in all of the United States.
Mayor Friedman Lays Out Plan for Next Term — The W&L Spectator
Ahead of his eventual reelection, Lexington’s Mayor Frank Friedman sat down with The Spectator to discuss his record during eight years as mayor, his ideas for his next four years leading the city, and his governing philosophy in general.
The battle for enforceability of termination clauses
New case law provides hope for employers Employers in Ontario are understandably exhausted by the moving target that is the “enforceability” of termination provisions. Over the last few years, the courts have taken it upon themselves to level the playing field between employers and employees, such that even the smallest technical deficiency in a termination provision has resulted in it being ruled unenforceable.
An Inside View Into Donald Trump’s Winning Platform — The W&L Spectator
For the near decade since his ride down the escalator in June of 2015, Donald Trump has run his political campaigns unconventionally. This year, Trump's bucking of tradition included a radically revamped Republican Party platform, with West Virginia State Senator Jack Woodrum there to see it all.
Virginia and the Politics of Unpredictability — The W&L Spectator
Remember the 2019 Virginia elections, when the Democratic Party captured the Virginia General Assembly, in addition to holding every elected statewide office in the Commonwealth?
College Presidents, Public Officials Discuss Role of Education in Rural Appalachia — The W&L Spectator
When discussing an educational philosophy that revolves around teaching important, marketable skills, and not necessarily education for education’s sake, Smith was quick to clarify that he did not criticize more traditional educational routes. “I do not believe liberal arts suffers from a relevancy problem: it suffers from a branding problem,” he said.
U.S. Chamber of Commerce VP on Rural Growth and the Future of the Free Market — The W&L Spectator
Cautious optimism can describe Neil Bradley’s views on the state of the free market and its supporters. Despite challenges like fighting an administration he believes consistently undermines the free market, and a right as emboldened as ever to criticize big business, Bradley still believes in the eventual victory of free market principles.
Pending Deadline For Ontario Temporary Help Agencies, Recruiters: July 1, 2024
The deadline for Temporary Help Agencies and Recruiters in Ontario to comply with the new licensing requirements imposed by the Government of Ontario is July 1, 2024 (as outlined in our previous article).Applicants must submit their online application by the pending deadline in order to continue operating until their application is either accepted or declined. Under the new licensing regime, a "Temporary Help Agency" and a "Recruiter" are statutorily defined terms.
The Past, Present, and Future of Appalachian Politics — The W&L Spectator
Republicans also frequently cited the alleged leftward shift of the Democratic Party. Cole, for instance, described the Democratic Party as having “taken such an incredibly harsh shift to the left” nationally, so much so that Cole would “guarantee their grandaddy is rolling over in his grave given their national party platform.” Ben Anderson also noted a large generational gap in the policies of the Democratic Party.
Ceiling? What ceiling?
Goodbye to the 24-month limit on reasonable notice The courts, particularly in Ontario, have shown an unending thirst for fixing what they think is broken: evening the playing field in the contractual relations between employers and employees. The idea of two parties contracting equally has become a myth.
The Continued Necessity of Intellectual Freedom — The W&L Spectator
The confidence of college community members to express their ideas and viewpoints, especially on controversial issues, is extremely low and continues to decline precipitously. Speech of all kinds not expressly designed to incite violence or law-breaking should be acceptable in academic environments. Instead, the permissibility of speech is often heavily regulated by the whims of students and school administrators, groups that primarily push more censorship.
Deadline Extended: Licensing Requirements For Ontario Employers That Leverage Recruiters And Temporary Help Agencies Now Effective July 1, 2024
In our prior article, Employers in Ontario That Leverage Recruiters and Temporary Help Agencies Take Note – New Licensing Requirements Effective January 1, 2024, we outlined the new licensing regime for Temporary Help Agencies and Recruiters in Ontario that was scheduled to take effect on January 1, 2024.
Employers In Ontario That Leverage Recruiters And Temporary Help Agencies Take Note – New Licensing Requirements Effective January 1, 2024 - Employee Rights/ Labour Relations - Canada
As of January 1, 2024, temporary help agencies and recruiters operating in Ontario must be licensed. As set out below, businesses that leverage unlicensed temporary help agencies or recruiters will be subject to significant fines. This new licensing requirement is a result of the Working for Workers Act, 2021, which amended the Ontario Employment Standards Act, 2000 (the "ESA").
Mark Your Calendar: AODA Compliance Report Deadline Approaching On December 31, 2023 - - Canada
There are important legislative compliance deadlines that Ontario employers should be preparing towards. The Accessibility for Ontarians with Disabilities Act, 2005 ("AODA") establishes accessibility standards in the province and imposes accessibility deadlines based on the size and nature of organizations through its Integrated Accessibility Standards.
Employers in Ontario that Leverage Recruiters and Temporary Help Agencies Take Note - New Licensing Requirements Effective January 1, 2024
As of January 1, 2024, temporary help agencies and recruiters operating in Ontario must be licensed. As set out below, businesses that leverage unlicensed temporary help agencies or recruiters will be subject to significant fines. This new licensing requirement is a result of the Working for Workers Act, 2021, which amended the Ontario Employment Standards Act, 2000 (the “ESA”).
Mark Your Calendar: AODA Compliance Report Deadline Approaching on December 31, 2023
There are important legislative compliance deadlines that Ontario employers should be preparing towards. The Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) establishes accessibility standards in the province and imposes accessibility deadlines based on the size and nature of organizations through its Integrated Accessibility Standards.
Post-pandemic considerations for employers with cross-border issues, part two
Post-pandemic considerations for employers with cross-border issues, part two Friday, October 14, 2022 @ 10:11 AM | By Dasha Peregoudova, Alex Kagan and Kristen Shorer This is the second instalment in a series on solutions to post-pandemic labour dilemmas. Overtime eligibility In Canada, employment standards legislation such as the Employment Standards Act (ESA) prescribes overtime eligibility to...
Key post-pandemic considerations for employers with cross-border employment relationships
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Cigarette smoking is a major public health problem, and is the main cause of morbidity and mortality in industrialized countries [1]. There are over a billion smokers worldwide and among persistent cigarette smokers about 50% will eventually be killed by tobacco-related diseases [2]. But if smoking is an unhealthy behavior, why do people smoke? Young adulthood is a critical risk period for the initiation of tobacco use [3].
2021 Year In Review: Top Labour And Employment Trends
To print this article, all you need is to be registered or login on Mondaq.com. Aird & Berlis LLP's Workplace Law Group recently presented its "2021 Year in Review: Top Labour and Employment Trends" webinar, which focused on vaccination policies, emergency government leave provisions and the Ontario government's recent announcements with respect to non-competition clauses and the right to disconnect.
Emerging Case Law Regarding The Enforcement Of Vaccination Policies
Canada: Emerging Case Law Regarding The Enforcement Of Vaccination Policies 25 November 2021 by Alex Kagan and Jessica Schissler Aird & Berlis LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. As the COVID-19 vaccine became readily available in Canada, many employers implemented vaccination policies in an effort to return employees to the workplace safely.
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