Daniel Waldman
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Articles by Daniel Waldman
How To Network For A Job
At the midway point of my career, I decided to survey the job market. I was largely content in my role at the time, but I wanted to know what else was out there. My approach was typical. First, I wrote down a list of firms that seemed to align with my professional goals. Then, if I knew a lawyer at one of those workplaces, I tried to book an informal meeting with that connection.
Termination of Employment in the UAE: Common Pitfalls for US Employers
U.S. employers operating in the UAE frequently approach employment terminations with the same instincts they apply domestically. The assumption is often that an underperforming or redundant employee can be terminated quickly with minimum financial exposure, provided there is no discriminatory motive. However, this is not quite the story in the UAE.
Termination of Employment in the UAE: Common Pitfalls for US Employers
U.S. employers operating in the UAE frequently approach employment terminations with the same instincts they apply domestically. The assumption is often that an underperforming or redundant employee can be terminated quickly with minimum financial exposure, provided there is no discriminatory motive. However, this is not quite the story in the UAE.
No Galen rezoning
Hello. As a resident of Galen Drive and the Garden District, in the Key Biscayne Ambassador building, I am writing to say I am against the zoning change in our neighborhood in order to build a much larger building. Thank you Daniel Waldman
How to network for a job
At the midway point of my career, I decided to survey the job market. I was largely content in my role at the time, but I wanted to know what else was out there. My approach was typical. First, I wrote down a list of firms that seemed to align with my professional goals. Then, if I knew a lawyer at one of those workplaces, I tried to book an informal meeting with that connection.
Privilege at Risk: How Pleading Lack of Legal Understanding Can Backfire
What happens when a party claims it misunderstood the legal consequences of a contract, but had in fact obtained legal advice at the time it was executed? The short answer is that it can result in a complete loss of solicitor-client privilege. The Ontario Court of Appeal addressed this issue in One York Street Inc. v.
Partial Summary Judgment Remains Exceptional: Lessons From Kotsopoulos v. Toronto
Daniel Waldman’s articles from Dickinson Wright PLLC are most popular: with Inhouse Counsel in Canada with readers working within the Insurance, Healthcare and Property industries A recent decision from Ontario’s highest court has yielded an unusual result regarding Ontario’s ever-evolving summary judgment regime. Typically, motions for partial summary judgment are difficult to advance and, in many cases, do not proceed to scheduling given their low likelihood of success. However, Kotsopoulos v.
Daniel Waldman's Article, “New Lawyers Are Lost,” Was Published By Precedent
Dickinson Wright PLLC are most popular: within Insurance, Insolvency/Bankruptcy/Re-Structuring and International Law topic(s) with readers working within the Property industries Daniel Waldman's article, “New lawyers are lost,” was published by Precedent. In his article, he offers advice on how to elevate student training in law. “As senior members of the bar, we need to face the truth.
Partial Summary Judgment Remains Exceptional: Lessons from Kotsopoulos V. Toronto
A recent decision from Ontario’s highest court has yielded an unusual result regarding Ontario’s ever-evolving summary judgment regime. Typically, motions for partial summary judgment are difficult to advance and, in many cases, do not proceed to scheduling given their low likelihood of success. However, Kotsopoulos v.
New lawyers are lost
By my fifth year of practice, I had noticed a stubborn trend: new calls often lacked truly elementary legal skills. A first-year associate once asked me when a statement of defence has to be filed after receiving a statement of claim. Another wanted to know how to bring a motion. Such questions struck me as beyond basic, especially for people who had completed law school and articled in my firm’s litigation practice.
The Confidentiality Trap
Dickinson Wright PLLC are most popular: within Privacy, Antitrust/Competition Law and Family and Matrimonial topic(s) with Senior Company Executives, HR and Finance and Tax Executives with readers working within the Accounting & Consultancy industries In 2013, a crime novel called The Cuckoo's Calling landed at bookstores in the U.K. An unknown author named Robert Galbraith, whom the publisher described as a former British military police investigator, had apparently decided to try his hand...
Europe's new AI law is here. Here’s why US startups should prepare.
This is a guest post by Daniel Waldman, a former marketing/PR agency owner and freelance writer. When it comes to regulating AI, the US Congress has mostly debated who gets to write the rules the nascent industry needs to play by. But the European Union (EU) has already taken significant steps to regulate the industry, potentially impacting any US-based AI companies looking for European users. Passed in 2024 with a phased implementation through 2030, the EU AI Act goes into effect this week.
Artificial Intelligence And Lawyering: Why Machines Can't Do Our Jobs
Just about every week, someone asks one of us how our work is being affected by artificial intelligence ("AI"), and especially about the large language models ("LLMs"), such as ChatGPT, that have become prevalent in everyday life. As commercial litigators, AI has limited application to the work that we do. Certainly, it can be helpful and important in some mechanical tasks, such as document review.
Artificial Intelligence and Lawyering: Why Machines Can’t Do Our Jobs | JD Supra
Just about every week, someone asks one of us how our work is being affected by artificial intelligence (“AI”), and especially about the large language models (“LLMs”), such as ChatGPT, that have become prevalent in everyday life. As commercial litigators, AI has limited application to the work that we do. Certainly, it can be helpful and important in some mechanical tasks, such as document review.
Artificial Intelligence and Lawyering: Why Machines Can’t Do Our Jobs
Just about every week, someone asks one of us how our work is being affected by artificial intelligence (“AI”), and especially about the large language models (“LLMs”), such as ChatGPT, that have become prevalent in everyday life. As commercial litigators, AI has limited application to the work that we do. Certainly, it can be helpful and important in some mechanical tasks, such as document review.
The Complete Guide To Life After Hireback
Whether you landed your dream job, accepted a short-term contract or weren't hired back at all, here's how to succeed in the next stage of your career The conventional wisdom about hireback season is that articling students have to accept one of two inevitable outcomes: to be hired back (and embark on an unstinting ascent to glory) or to be sent packing (and fade into professional oblivion). To put it plainly, that's a tragic oversimplification.
The complete guide to life after hireback
The conventional wisdom about hireback season is that articling students have to accept one of two inevitable outcomes: to be hired back (and embark on an unstinting ascent to glory) or to be sent packing (and fade into professional oblivion). To put it plainly, that’s a tragic oversimplification. For one thing, landing a plum associate position is no guarantee of enduring prosperity, nor is failing to get hired back a permanent curse on someone’s ability to succeed.
Want To Thrive In The Era Of Legal AI
In 1984, a certain movie (and its increasingly awful sequels) imagined a fictional world with true artificial intelligence. Set in 1997, it told the story of Skynet, a revolutionary AI system that humanity invented to boost its military capabilities. Unfortunately, the system became self-aware within weeks. Once we humans realized we were in over our heads, we desperately tried to shut it down. But it was too late.
The skills that lawyers need to thrive in the era of legal AI
In 1984, a certain movie (and its increasingly awful sequels) imagined a fictional world with true artificial intelligence. Set in 1997, it told the story of Skynet, a revolutionary AI system that humanity invented to boost its military capabilities. Unfortunately, the system became self-aware within weeks. Once we humans realized we were in over our heads, we desperately tried to shut it down. But it was too late.
Insights on Converting to a Direct Care Practice
A: Robert Kornfeld, DPM, went into private practice in 1982, which was completely traditional medicine and surgery until 1987. After an illness lasting 3 years that conventional medicine failed to help, he sought out a holistic internist, who he shared healed him in less than 3 months. “It was then I knew I wanted to learn more about this and dove into an alternative medical education that eventually brought me to functional medicine and then regenerative medicine,” said Dr. Kornfeld.
Commercial Tenancies And Purchase Agreements: How To Lose The Option To Buy
What happens when a commercial tenant has the option to purchase the property it is leasing, but the parties cannot agree on the value? The simple answer is to do what the lease says. If they don't, it can result in the loss of a very valuable asset. In an interesting dispute, the Ontario Court of Appeal was asked to settle a contentious disagreement over the purchase of two commercial properties in Whitby.
When Appraisals Clash: Lessons From A Commercial Property Dispute
What happens when a commercial tenant has the option to purchase the property that it is leasing but the parties cannot agree on the value? The simple answer is to do what the lease says. If they don't, it can result in the loss of a very valuable asset. In an interesting dispute, the Ontario Court of Appeal was asked to settle a contentious disagreement over the purchase of two commercial properties in Whitby, Ontario.
Freed to develop new condos at Collingwood's Blue Mountain Village
(Courtesy Freed) When Freed Hotels & Resorts launches sales for Freed Blue Mountain at Blue Mountain Village near Collingwood, it will represent the first major development at the popular Ontario resort in two decades. The five-storey B+H Architects-designed development will feature 196 residential units ranging from 350 to 1,350 square feet as well as more than 18,000 square feet of retail space at grade.
Over 15 months, Enright compiles million-sq.-ft. Calgary office portfolio
Home-town investor's latest acquisition is the 25-storey 635-8th Avenue SW tower Commercial Office Calgary Calgary-based real estate company Enright Capital Ltd. has purchased a 271,000-square-foot, 25-storey class-B office building in downtown Calgary - its fifth office purchase in the city during the past 15 months.
Commercial tenancies and purchase agreements: How to lose the option to buy
Commercial Legal Ontario What happens when a commercial tenant has the option to purchase the property it is leasing, but the parties cannot agree on the value? The simple answer is to do what the lease says. If they don’t, it can result in the loss of a very valuable asset. In an interesting dispute, the Ontario Court of Appeal was asked to settle a contentious disagreement over the purchase of two commercial properties in Whitby.
In Defence Of Staying Put
Historically, lawyers craved the comfort of professional stability. Lateral movement took place, but, when it happened, it stood out. Clearly, that's no longer the case. In today's legal world, lawyers seem to be on a perpetual job hunt, always on the lookout for a new role. This is more than idle speculation: a recent study found that 54 percent of lawyers under 40 expect to switch jobs in the next five years.
Ontario Court Of Appeal Clarifies Limitation Periods For Loans, Gifts, And Estate Claims
The question of when a lawsuit can be commenced in Ontario seems pretty straightforward – in general, a plaintiff has two years from the date when the basis for a claim is (or should have been) discovered. It sounds simple enough, and oftentimes, it is. However, a few recent decisions from the Ontario Court of Appeal have shown that this rule is not as simple as it may seem.
The question of when a lawsuit can be commenced in Ontario seems pretty straightforward – in general, a plaintiff has two years from the date when the basis for a claim is (or should have been) discovered. It sounds simple enough, and oftentimes, it is. However, a few recent decisions from the Ontario Court of Appeal have shown that this rule is not as simple as it may seem.
The pros and cons of switching law jobs
Historically, lawyers craved the comfort of professional stability. Lateral movement took place, but, when it happened, it stood out. Clearly, that’s no longer the case. In today’s legal world, lawyers seem to be on a perpetual job hunt, always on the lookout for a new role. This is more than idle speculation: a recent study found that 54 percent of lawyers under 40 expect to switch jobs in the next five years.
Guidance On The Double Default Rule In Real Estate Transactions
In real estate transactions, the phrases "ready, willing, and able to close" and "time is of the essence" are familiar to buyers and sellers alike. The rules and consequences have become more clear over the years when either the vendor or the purchaser fails to close. But what happens when neither side honours the deal, or both parties fail to close on the appointed date? A recent decision from British Columbia's highest court has shed light on this issue.
Chartwell acquiring 3 Vancouver Island seniors properties for $226.9M
Will add 384 suites to its portfolio and mark its first buildings on Vancouver Island Residential Acquisition British Columbia Chartwell Retirement Residences (CSH-UN-T) is acquiring 384 suites in three retirement communities on British Columbia's Vancouver Island for $226.9 million, adding to a long list of portfolio acquisitions in 2024.
Guidance on the Double Default Rule in Real Estate Transactions
In real estate transactions, the phrases “ready, willing, and able to close” and “time is of the essence” are familiar to buyers and sellers alike. The rules and consequences have become more clear over the years when either the vendor or the purchaser fails to close. But what happens when neither side honours the deal, or both parties fail to close on the appointed date? A recent decision from British Columbia’s highest court has shed light on this issue.
Fast-growing Surrey a development hotspot in Metro Vancouver
Surrey is growing so fast it’s slated to become British Columbia’s largest city by the end of the decade. Vancouver’s estimated population this year is 737,216, while Surrey’s is 684,485. In 2029, the projected populations of Vancouver and Surrey will be 780,075 and 785,619, respectively. To help facilitate some of this projected growth, Surrey’s City Council has just approved the Imagine Scott Road Visioning Study, the inaugural step in rejuvenating the Scott Road-72 Avenue Corridor.
Double default: What happens when neither party is ready to close?
Commercial Legal British Columbia In real estate transactions, the phrases "ready, willing and able to close" and "time is of the essence" are familiar to buyers and sellers alike. The rules and consequences have become more clear over the years when either the vendor or the purchaser fails to close. But what happens when neither side honours the deal, or both parties fail to close on the appointed date? A recent decision from British Columbia's highest court has shed light on this issue.
Dissent Rights And Shareholder Agreements – New Ruling Provides Guidance - Shareholders - Worldwide
Dissent rights, entrenched in most provincial corporate statutes, grant shareholders the power to contest significant corporate changes and compel the corporation to repurchase their shares at a fair market value. Central to the enforcement of these rights is the statutory framework, which can result in either an amicable valuation agreement or a court-mandated determination of share value. In Husack v.
Dissent Rights and Shareholder Agreements – New Ruling Provides Guidance | JD Supra
Dissent rights, entrenched in most provincial corporate statutes, grant shareholders the power to contest significant corporate changes and compel the corporation to repurchase their shares at a fair market value. Central to the enforcement of these rights is the statutory framework, which can result in either an amicable valuation agreement or a court-mandated determination of share value. In Husack v.
When Development Deals Go Wrong, Damages Come In The Form Of Land Value, Not Lost Profits
This column was originally published on RENX.ca. However, in most cases, the measure of damages will be the difference between the purchase price of the land and the market value on the closing date. Lost profits from future development will only be awarded in very exceptional circumstances. In Rosseau Group Inc. v. 2528061 Ontario Inc., the dynamics of an agreement of purchase and sale for development lands in Caledon, Ont. became a contentious matter.
When development deals go wrong, damages come in the form of land value, not lost profits
This column was originally published on RENX.ca. When a deal to buy and sell land for development goes awry, an innocent purchaser can sue for the damages suffered. However, in most cases, the measure of damages will be the difference between the purchase price of the land and the market value on the closing date. Lost profits from future development will only be awarded in very exceptional circumstances. In Rosseau Group Inc. v.
It is our responsibility as litigators to help ease court delays
I recently spoke with a criminal lawyer friend the other day about the state of the civil list. When she asked how bad court delays were, I asked her to guess how long it would take to schedule a short motion in Superior Court in Toronto. She guessed May. I told her she had the correct month, but her jaw hit the floor when I clarified that it was May 2025. It is no secret that many regions in Ontario are overcome with unworkable court backlogs.
When development deals go wrong, damages come in the form of land value, not lost profits
When a deal to buy and sell land for development goes awry, an innocent purchaser can sue for the damages that it suffered. However, in most cases, the measure of damages will be the difference between the purchase price of the land and the market value on the closing date. Lost profits from future development will only be awarded in very exceptional circumstances. In Rosseau Group Inc. v.
Guelph's Hanlon Creek Business Park Phase 2 completed, leased
Cooper Construction and its partners have completed the construction, development and lease-up of Phase 2 of the Hanlon Creek Business Park in the south end of Guelph, Ont. This second phase of Hanlon Creek encompasses 1.9 million square feet of class-A industrial and corporate office buildings on a 140-acre site adjacent to the Hanlon Expressway. Its uses include manufacturing, warehousing, logistics, vertical farming and corporate offices.
Toronto, other Cdn. cities eye Calgary's office-to-res conversions
Calgary is leading the office-to-residential conversion charge in North America through public policies and financial tools aimed at addressing commercial vacancy, housing affordability and climate change issues. Toronto and other cities are looking at what can be learned from Calgary, which had major office vacancy issues even before the COVID-19 pandemic due to a slowdown in the oil and gas industries.
Mass Fraud, Arson Threats, Murder, Organized Crime, Kidnapping: What Are the Limits of ‘Buyer Beware’? | JD Supra
The judge determined the murder influenced the Seller’s decision to sell and the Seller’s response to the Buyer’s inquiries was designed to hide this fact, constituting a misrepresentation by omission. The contract was invalidated, and the buyer was given the deposit back. The trial decision was reversed on appeal on the basis the Seller’s omission did not constitute a misrepresentation.
Mass Fraud, Arson Threats, Murder, Organized Crime, Kidnapping: What Are The Limits Of 'Buyer Beware'?
This column was originally published on RENX.ca. In an episode of The Simpsons in the late '90s, Marge Simpson takes a job as a real estate agent to make some extra cash. She made her first sale by selling a big, reasonably priced home to the Flanders family. In her haste to close the deal and despite her better judgment, she failed to disclose one small detail: a number of high-profile homicides happened at the property and it was dubbed the "murder house" as a result.
Anthem buys 3-property Edmonton industrial portfolio, more to come
Vancouver-based real estate company Anthem Properties continues to solidify its presence in the Alberta market with the recent acquisition of its first industrial properties in Edmonton. Sean Day, vice-president, industrial, told RENX Anthem has purchased a three-building industrial portfolio in northwest Edmonton from Morguard and the Canada Post Pension Plan. The portfolio is actually larger than the three buildings that have been announced – more news is to follow in a few months.
Mass fraud, arson threats, murder, organized crime, kidnapping: What are the limits of 'buyer beware'?
Residential Legal National In an episode of The Simpsons in the late '90s, Marge Simpson takes a job as a real estate agent to make some extra cash. She made her first sale by selling a big, reasonably priced home to the Flanders family. In her haste to close the deal and despite her better judgment, she failed to disclose one small detail: a number of high-profile homicides happened at the property and it was dubbed the “murder house” as a result.
Boardwalk to acquire new Calgary apartment building, issues $218M offering
Boardwalk REIT (BEI-UN-T) has announced an agreement to acquire the newly constructed, 295-suite The Circle apartment building in Calgary, and a $218-million unit offering to be used, in part, to fund the transaction. The Circle will be acquired for approximately $77.8 million, representing a stabilized cap rate of approximately 5.75 per cent and at a significant discount to current construction costs, Boardwalk’s announcement states.
Are Written Agreements And Signatures Required To Make Deals Enforceable? Not Always.
This column was originally published on RENX.ca. In the realm of real estate transactions, it's well understood that for a purchase and sale contract to be legitimate, it must, at the very least, outline the identity of involved parties, describe the property in question and set forth the purchase price. There is also an implied mandatory requirement for such agreements to be in writing in order to be enforceable.
Hotel, conference centre planned for Montreal's Olympic Park
Gestion Georges Coulombe and France Film plan to build a 180- to 200-room hotel in Montreal’s Olympic Park, steps away from the Olympic Stadium and several other city attractions. “There is a lack of hotel rooms in the east of Montreal,” Alain Milette, director of development and projects at Gestion Georges Coulombe, told RENX.
Are written agreements and signatures required to make deals enforceable? Not always.
This column was originally published on RENX.ca. In the realm of real estate transactions, it’s well understood that for a purchase and sale contract to be legitimate, it must, at the very least, outline the identity of involved parties, describe the property in question and set forth the purchase price. There is also an implied mandatory requirement for such agreements to be in writing in order to be enforceable.
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