Courts will always look for ways to refuse to enforce a contract that seeks to disclaim liability for torts.
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: Can You Record Calls If You Announce That Calls are Recorded?
The laws are fairly consistent that it’s a crime to mechanically intercept, listen in or record calls by mechanical means.
Legal Briefing: What to Consider When Switching Central Stations
Central stations are one of the most important decisions alarm dealers make. Here’s how to firm up your dealer agreements.
Legal Briefing: What Happens When You Underestimate the Job
There are two common ways to make sure you are paid for your services: a fixed amount or on a Time and Material (T&M) deal.
Legal Briefing: Do You Face Liability for Installing a Noncode Fire Alarm?
The legal obligation to install and maintain a fire alarm in good operation is generally imposed by law on the property owner.
Legal Briefing: Police Response to Burglar Alarms Not an Emergency?
Question in New York case about whether burglar alarms are truly emergencies could shield police from liability from causing injury en route.
Legal Briefing: What Integrators Must Do Before Selling Their ‘Baby’
Companies need legal advice and help when they decide it’s time to sell their business–or if they’re looking to buy one.
4 Important Buy-Sell Indemnity Issues
Some buy-sell agreements are worded with such legalese it is sometimes a daunting task to figure out what reps and warranties have been made and what could possibly go wrong.
Legal Briefing: Limitation of Liability Clause Gives Pause
The criteria for gross negligence or willful misconduct is quite high, though alleging it is of course a lot easier than proving it.
Are You Pricing Yourself Out of Business?
What profit margin should you be looking or hoping for? It should be enough to keep you in business with a personal compensation package you are satisfied with.
Legal Briefing: Selling Shareholders’ Interests
The shareholder agreement is usually an agreement made among friends, relatives and people who are talking directly to each other rather than through their respective attorneys.
How to Calculate True RMR During Inflation
As a business owner, everything you have to spend money on now costs more. If you don’t raise your prices, you won’t keep pace or maintain your profit margin.
