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Home » Topics » Columns » Security & the Law

Security & the Law
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Security and the Law feat

The Agreement Must Provide for Liquidated Damages

A case recently decided by the United States District Court for the District of New Hampshire — although not an alarm company case — relied heavily on law created in cases involving alarm companies.
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Lessing E. Gold
September 10, 2014

When a contract is reduced to writing, the parties’ intention is determined from the writing alone, if possible. The court then pointed out that the plaintiffs relied on the case of H.S. Perlin Co. versus Morse Signal Devices of San Diego, as a case in which a plaintiff’s recovery was limited by a liquidated damages provision.


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Security and the Law feat

What Happened to Family-Owned Security Businesses?

SDA Alarm was formed over 80 years ago by Harold Eales.
Les gold dscf0001
Lessing E. Gold
August 14, 2014

What makes a company successful? Vision, patience, and the adherence to a good business plan. Most important, there also must be an excellent management team.


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Security & the Law Image

Are Security Laborers Entitled to Prevailing Wages?

An interesting case appeared before the U.S. Court of Appeals for the Second Circuit, which confused everyone.
Les gold dscf0001
Lessing E. Gold
July 15, 2014

During the court case, the defendant requested clarification from the Department of Labor (DOL), specifically requesting the views of what work was “covered” by the statute and therefore entitled to the payment of prevailing wages and what work was not.


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Security and the Law feat

Can Economic Losses Be Recovered in a Breach of Contract?

When a party in a binding contract suffers economic loss is that party limited to recovery from a claim for breach of contract?
Les gold dscf0001
Lessing E. Gold
June 9, 2014

The court, indicated that under New York’s Economic Loss Doctrine, a party to a contract that suffered economic loss only (not personal injury) was, in most cases, limited to recovery pursuant to a claim for breach of contract and could not recover economic or consequential damages in tort.


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Security & the Law

Is Failing to Report a Break-In Gross Negligence?

Under Michigan law, the alarm company did not owe the plaintiffs a statutory or common law duty to detect the burglary or dispatch police.
Les gold dscf0001
Lessing E. Gold
May 20, 2014

An alarm company entered into an agreement to install a security system at a store and also agreed to provide a “central station signal receiving and notification service.”


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Security & the Law

Security Company Seeks Arbitration Instead of Court Hearing in Contract Dispute

An interesting case was recently decided in the state of New York.
Les gold dscf0001
Lessing E. Gold
April 24, 2014

The defendant alarm company had a clause in its contract giving “either party” the right to have “an action or dispute” resolved by binding arbitration before an arbitrator instead of a judge in court. The plaintiff filed an action in small claims court for damages for breach of contract, breach of warranty and fraud. The defendant alarm company made a motion to dismiss the action and to compel arbitration.


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Security & the Law

Is Your Security Business Hiring Employees or Independent Contractors?

In a recent California case, the issue was raised as to whether or not the parties were employees or independent contractors.
Les gold dscf0001
Lessing E. Gold
March 18, 2014

The question of whether or not an individual is an employee or independent contractor comes up frequently and the principles for making such determination are worth discussion.


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Security and the Law

Beware of the Door With Emergency Service Vehicles!

An interesting case arose recently in the state of California regarding the definition of a “pursuit.”
Les gold dscf0001
Lessing E. Gold
February 17, 2014

In the case, a motorcyclist collided into the driver side door of the deputy’s patrol car when the deputy opened it to exit the car to make contact with the motorist he had stopped for a traffic violation.


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securitylaw feat

Contract Protection for Failed Security System

Does Contract Provide Protection from Failed System?
Les gold dscf0001
Lessing E. Gold
January 14, 2014

In a recent case before the United States District Court for the District of South Carolina, the court had to decide whether to hold the plaintiff alarm company liable for the amount of the limitation of liability provision contained in the contract.


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Security and the Law Logo

Contract Protection for Failed Security System

Does Contract Provide Protection from Failed System?
Les gold dscf0001
Lessing E. Gold
January 14, 2014

In a recent case before the United States District Court for the District of South Carolina, the court had to decide whether to hold the plaintiff alarm company liable for the amount of the limitation of liability provision contained in the contract.


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