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Home » Topics » Columns » Security & the Law

Security & the Law
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Security & the Law Default

Justice Prevails in Alarm Company Contract Termination Case

Les gold dscf0001
Lessing E. Gold
August 3, 2015

There was great case out of the state of New York in which the plaintiff alarm company contracted with the defendant to inspect and maintain the defendant’s fire alarm system for an initial period of five years. Approximately six months into the contract, the defendant terminated the contract. The plaintiff alarm company commenced an action alleging that the defendant, by its premature termination, breached the contract. The alarm company pursued damages under the contract’s liquidated damage clause.


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Security & the Law Default

The Sovereign Immunity Defense

Les gold dscf0001
Lessing E. Gold
July 6, 2015

A case recently arose in the United States Court of Appeals for the 8th Circuit in Missouri where the defense was they were protected by the doctrine of sovereign immunity.


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Security & the Law Default

Stop the Robo Call

Les gold dscf0001
Lessing E. Gold
June 5, 2015

The medical alert monitoring industry has had a great deal of difficulty over the past few years because of companies engaging in “robo” calling — utilizing improper names, misrepresentation and other illegal and illicit activities. It is frequently difficult to track the callers because calls are made from remote locations and are consistently changing. In order to try to stop these types of calls, the United States District Court for the Middle District of Florida came out with a ruling granting a permanent injunction against one of the violators.


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Security & the Law Default

Time is On Your Side in Contract Law

May 8, 2015

An interesting question asked by clients in regard to contracts is, “Can I limit the time in which the subscriber has to file a claim against the company, notwithstanding the fact that the statutory state of limitations may provide a longer time?” A form of the abovementioned question came before the United States District Court for the Southern District of Indiana.


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Security and the Law feat

Defining Liquated Damages

Les gold dscf0001
Lessing E. Gold
April 3, 2015

An interesting decision came out of the United States District Court for the Northern District of California that involved a liquidated damage clause. The plaintiff purchased an annual subscription to a suite of software services called the “Adobe Creative Cloud” (referred to hereafter as the Creative Cloud) for $49.00 per month from the defendant, a multi-national software maker.


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security law feat

Full Disclosure: A Case About Detection Claims

Les gold dscf0001
Lessing E. Gold
March 11, 2015

An interesting case involving disclosures required by a manufacturer was recently decided in the State of California. The plaintiff in the action against the defendant, a manufacturer and seller of fire safety products, claimed that the defendant failed to disclose the hazards of ionized and photoelectric smoke alarms (smoke detectors) that they manufactured and sold.


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securitylaw feat

The Difference Between Injury to Person and Property

Les gold dscf0001
Lessing E. Gold
February 3, 2015
I have often heard the following question: ‘Is there any difference when there is injury to one’s person as opposed to injury or damage to property?’
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Security and the Law feat

A Case Against an Alarm Company

Les gold dscf0001
Lessing E. Gold
January 2, 2015

 A case against an alarm company in Connecticut dealt with the allegation of fraud. The issue of fraud can be closely analogous to that of gross negligence so the case is relevant for discussion. 


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Security and the Law feat

Stop the Noise

Les gold dscf0001
Lessing E. Gold
November 14, 2014

 In a recent case in Indiana, a plaintiff filed a lawsuit against the alarm company in essence claiming that his exposure to the sound of the alarm caused permanent damage to his ability to hear.  


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Security and the Law feat

Sovereign immunity in a Burglary Gone Wrong

Les gold dscf0001
Lessing E. Gold
November 8, 2014

 The police officers and the plaintiff business owner responded to a burglary alarm at the plaintiff’s business. During the incident, the plaintiff business owner was shot by one of the responding officers.  


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