It’s tough to find a case blocking the enforcement of the limitation of liability provision (or other defensive provisions, for that matter).
Ken Kirschenbaum
Security Sales & Integration’s “Legal Briefing” columnist Ken Kirschenbaum has been a recognized counsel to the alarm industry for 35 years and is principal of Kirschenbaum & Kirschenbaum, P.C. His team of attorneys, which includes daughter Jennifer, specialize in transactional, defense litigation, regulatory compliance and collection matters.
Ken Kirschenbaum's Latest Posts
Legal Briefing: Is a Buyer the Best One to Value Your Alarm Accounts?
A potential buyer can tell you what they would pay for your alarm accounts — and that might be more or less than what someone else would pay.
Legal Briefing: Taking a Closer Look at Non-Compete Agreements and Solicitation
We have a fairly good balance that has been fashioned by the courts in cases involving enforcement of restrictive non-compete agreements.
Legal Briefing: Positioning Your Company for Sale When You Have No (or Poor) Contracts
You can straighten out rather quickly by updating your company’s legal contracts before offering them for sale.
Legal Briefing: Can a Seller Boost Their Multiple by Financing the Deal?
Buyers come in a few varieties: those who have the money, those who use other people’s money and those who borrow the money.
How the Federal Trade Commission’s Click-to-Cancel Rule Affects Alarm Contracts
Click to cancel applies to agreements with “negative options,” which means the automatic renewal provision tied to automatic payments.
FTC Ban on Non-Compete Agreements a Dead Issue After Texas Federal Judge’s Ruling
Texas federal judge says non-compete agreement ban violates the Administrative Procedure Act and exceeds the agency’s statutory authority.
Legal Briefing: What Security Integrators Can Do About Challenges to Your Contracts
Changing any provision of the Standard Form Agreement will reduce the effectiveness and efficiency of the contract.
The Exculpatory Clause: Does It Shield You From Breach of Contract to Perform?
The exculpatory clause exonerates you — that is, relieves you of liability — for negligent performance, negligent failure to perform, etc.
Legal Briefing: Subscriber Loses Insurance Coverage After Fire for No Fire Alarm
Many, if not most, jurisdictions have laws requiring fire alarm and monitoring for commercial buildings and subscribers must comply.
Legal Briefing: Things You Ought to Know About Your Alarm Business
You should conduct your business — from start to finish — as if you’re planning to sell. You should be maximizing the equity in the business.
Legal Briefing: Exculpatory Clause Wording to Disclaim Tort Liability in Oregon
Courts will always look for ways to refuse to enforce a contract that seeks to disclaim liability for torts.
