Joel Kwan is a corporate lawyer based in Los Angeles, California. Currently acting as financial/legal associate for Westwood Group, a specialty finance company, Joel focuses on general regulatory compliance, creditor rights and structured finance. Visit his website joelkwan.ca to learn more.

Saturday, September 3, 2011

$32,210 for a fake sense of liberty




Well, I should have started this process a LONG time ago. Before June 2010, anyone over age 25 could pass drivers tests directly without taking classes and get the full permit. Now, no matter how old you are, you must take 1 year class, have a learner's license for at least 1 year and a probationary license for 2 years. In short, it now takes mimimum 3 years before you can get your full license.

But now that I am legally allowed to drive, I am still not planning to buy a car anytime soon. In Montreal the transit system is quite good and I never really need a car to commute to work or school.

According to auto123.com, the average new car price in Canada is $32,210. To many, cars mean liberty. Car manufacturers advertise cars sloping down winding roads with green meadows with absolutely no other cars in view, with the electronic music accentuating the sense of exhileration. Buy a car and you will be free like a bird!

But in reality, cars are becoming synonymous with constraints, high registration fees, soaring oil prices, exponential parking rates. And what about all the fines, the repairs and the injuries and deaths from driving? Not to mention the environmental costs. Above all, the intial purpose of the car, to be transported conveniently and swiftly from point A to point B is not even fulfilled in most urban centers. Monster traffic jams make it more practical to take alternative methods of transportation.

The car industry is filled with irrationalities: cars that can be driven at speeds far in excess of legal limits; handling properties far beyond the competence of most drivers; increasing dependence on image rather than objective usefulness to end user etc(1).

Hopefully I will not succumb to the "poudre aux yeux" tactics of car manufacturers and continue using alternative methods of transportations as much as possible.

And the nice thing about living in Montreal - there are no shortage of alternatives:

Merci au Bixi, à la STM, aux trains de banlieu, à commune auto, aux pistes cyclables...

(1) Graeme P. Maxton & John Wormald, Driving Over a Cliff? (Cambridge: Addison-Wesley, 1995) at 127.

Lots of new academic year resolutions

Every September I start off the Academic Year ready for any challenge and project. Realistically, some of those projects are dropped off my list over the year mostly due to time constraints. In an effort to try to stick to my goals this Academic year, I am posting them here.

1. Post at least once a week on my blog

2. Run the half marathon on September 25

3. Organize a fundraiser for GRIS Montréal

4. Play with a band at Law School of Rock

5. Write and film some skits for Skit Nite

6. Bring a McGill delegation to Out on Bay Street

7. Take swimming lessons

8. Take Capoeira lessons

9. Take salsa lessons

Friday, August 26, 2011

Mission Accomplished!

I finished my MBA summer internship at CN with a great sense of satisfaction and now looking forward for a new year of law!

Working for CN, such a huge company was not as different as working in a SME. However, there was a bit more beaucracy and it can be more difficult to build a network.

I did not do as much legal work as I would have liked to, but this will be coming up next summer.

Merci M. Layton



J'ai pu voir M. Layton au sommet de son art lors du conseil général du NPD - section Québec en juin 2011. Il semblait à la fois simple comme personne, mais aussi d'une telle présence!
À la vigile lundi dernier, c'était émouvant de voir des personnes de tous les genres, signe que M. Layton a réussi à rassembler un peuple si divers.
C'est grâce à lui que j'ai décidé de passer de l'étape du scrutin à l'étape de l'implication en politique. Aujourd'hui, fier membre du NDP, j'espère bien pouvoir porter le flambeau et rejoindre d'autres avec les même valeurs et les mêmes préoccupations pour le Canada.

Three recommendations from MBA mentor

We have a mentorship program with the MBA program at McGill. I met with my mentor a few weeks back and three things came out of the meeting:

1) I should take some time off before school starts again (ok I will take 4 days off).

2) I should do the recruitement process for Montreal law firms.

I was hoping to start working outside Montreal after my degree, but it may be the better stepping stone in the long-run. I was told at the carreer office as well that I should not turn down Montreal so quickly. I am starting to be convinced. The work-life balance is more possible, the European, laid-back,lifestyle is more apparent here. Cost of living is lower in Montreal. Easier to network and becoming known in Montreal. We'll see how it goes.

3) I should get some brown dress shoes to match my grey suit.


Thursday, September 23, 2010

THE SECOND HOLLYWOOD REVOLUTION

I am quite interested in the movie industry and particularly its evolution with respects to technological changes. Yesterday, Netflix was officially launched in Canada. I thought it would be interesting to post something on the subject of online streaming.
Netflix is a pioneer in alternative movie rental schemes, starting off with an innovating no-late fees model, where customers can choose movies online and receive them by mail and keep them for an unlimited period for a monthly fee. Netflix also is making important inroads in the online streaming model, which is also offered in Canada as of yesterday.
The widespread use of DVDs and the increasing popularity of video clubs sparked off a rapid transformation of moviegoers. The watching of films became more about the small screen than the big screen. This was the first Hollywood revolution. In the words of Theodore Levitt, Hollywood had been suffering marketing myopia at the time since the sector of activity was too narrowly defined to “movies” as opposed to entertainment as movie moguls denied the inroads TV had been making.
Today, a new revolution is happening and the battling ground is not in your living room but in the virtual world. Hollywood has still not adequately answered to the increasing popularity of streaming videos online. Many models are out there, some legitimate and others that may be categorized as piracy. In order to have a better view of this revolution, let me lay out what is at stake and who are the players.

PLAYERS

In the recent news, the following five players have been involved in the movie streaming service or have indicated that they had plans to move into the field:

• Apple
Using its already much appreciated ITunes platform, it is possible to rent movies online and watch them from a computer. The movie is streamed and made available for 24h. Prices range from 3$ - 5$ depending on the age of the movies. Apple is also rumored to be developing an interface to tap in the ITunes application with the already existing set-top box, Apple TV, which would let viewers download movies and watch them on a television screen.
• Best Buy
Since this past May, Best Buy owns the right to run Cinema Now, an on-demand service that can be used through Blu-Rays and other home cinema systems. Best Buy plans to leverage their Blue Shirt and Geek Squad services with this new offering.
• Time Warner
With 9.2 m broadband subscribers, Time Warner has a massive customer base for online streaming. The cable company and Disney have been negotiating in the past month to establish an online channel with content provided by Disney. A deal has yet to be reached.
• Sony
Apparently the Japanese company is vying to get a share of the online streaming market by developing a streaming service that could be used with the PlayStation game consoles and other electronics with connectivity such as the Bravia TV set.
• Netflix
Netflix is the champion and pioneer of online streaming movies and is making important inroads by getting some of the big movie companies to hop in the online streaming boat. Nintendo and Netflix struck a deal to let Wii users watch movies using the device.



MODELS

Set-top or with devices
This model gives more control to the service provider because proprietary hardware is used to deliver the service, however it incurs upfront costs for customers who have to buy a machine. Apple TV, Sony and Nintendo use a box to deliver content, however in the case of Sony and Nintendo, game consoles also have other uses therefore the delivery of movies become an complementary offer. One important advantage here is that these devices can be hooked to a TV directly which allows a better viewing experience.

Through software
ITunes is the software that Apple uses to deliver the content, though similar to directly online streaming, software that manages many types of media also becomes a powerful option.

Directly over the internet
The most simple option technology wise is to stream content directly on a website, although this is limited to browser compatibility and hardware compatibility issues.

WHAT DOES IT TAKE TO MAKE IT?

• Substantial upfront investment – the hardware and infrastructure required to set-up a high-performance online streaming platform definitely represents a barrier to entry for potential entrants.
• Partnerships with content producers – without partnering with movie producers, there is no product to deliver. Only with the agreement of the producers will the company delivering the media be able to use the content. The same is true for the traditional brick-and-mortar video stores that rent out movies.
• Technology – the bandwidth available is essential to the success of the online streaming platform since low bandwidth will impede customers from enjoying a smooth viewing experience. A technology that is also secure and that can limit threats to privacy and fraud will also be a sine qua none condition for the online streaming platform to succeed.
• IP laws - strong intellectual property laws that are enforced, coupled with a social awareness of piracy and a social stigma attached to illegally downloading and copying movies are also necessary to convince businesses that online streaming is a profit-making opportunity.
• Social trends – the adoption rate of the internet and the relative trust that people have in purchasing over the net are important factors for the online streaming platform.
• Customer base – at this stage, I would also add a strong customer base as a prerequisite to succeed in the field.

Tuesday, September 14, 2010

First thoughts on Law School & Solemn Declaration

Excerpt from a message to my dear friend Ian:

Law school is grueling! I do not recommend it to anyone with a right mind.

The sheer volume of assigned readings is nothing but cruel and unusual punishment (US 8th amendment)

Although the professors' switching of language of instruction from Latin to English to French in the same sentence and sometimes in languages that seem foreign to this universe is definitely not a bona fide
occupational requirement, it is used profusely. (normes du travail)

The socrates method employed during class is certainly not done in good faith (art. 6 CCQ)

And the extremely bright and intelligent students that always find a way to phrase their questions in order to make the rest look dumb are, frankly, not abiding to their general obligations of care according to civil liability (art. 1457 CCQ)

As you can see, I am also already being indoctrinated (not to say brainwashed) in this mysterious, exclusive club up on the upper campus of an apparently 'top 20 in the world' institution, reading 18th century English constitutional texts, legal acts retelling the divisions, sub-divisions, reunifications and further divisions of this country and of course analyzing court cases... not knowing exactly why, how, where, when and what....

However, I am embracing it completely with a mindset apparent of that of a 2 year old that generally has a vocabulary of 50 words and can only make simple sentences. This means my legal vocabulary is rather limited at this point. Everything is novel, curious, challenging and, more importantly, interesting.

I am feeling that I am in for a treat. A gift of wisdom from my peers and professors who are all supremely clever and dedicated individual. I am receiving a gift that opens doors, procures certain powers and generates possible riches.

What am I in it for? Well a bit of everything, a bit of nothing. I am not sure a law student can answer this question honestly and adequately.

But I now know that I am at the right place.


So, with this, let me make a formal declaration:

I hereby declare, that no matter what happens from now on, I, Joel Kwan, will still be the same Joel Kwan when I become a lawyer. My friends will be friends, my family family and my heart will be at the same place (that is, the right place).