KEN KIRSCHENBAUM, ESQ

ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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ISC round tables - see you there / Comment on operators working from home
July 12, 2021
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ISC round tables - call to attend and participate
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           Contact Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com for availability to participate
Confirmed round tables:
Monday July 19 from 2-3pm Ron Davis - discussion on selling and listing with broker
Tuesday July 20 from 11 am to 12pm Troy Iverson, Avantguard.  Central station issues and what's new at Avantguard
Tuesday July 20 from 2-3pm  Mitch Reitman.  Selling, taxes and structuring issues
Tuesday July 20 from 4-5PM Morgan Hertel, Rapid Response.  What's new at Rapid and exciting in central station operations
Wednesday July 21 from 10 -11am.  Shawn Iverson, The Insurance Center.  E&O coverage and insurance issues for alarm industry
Wednesday  July 21 from 2-3pm  Ken Kirschenbaum.  Contracts and how to respond to contract challenges
Wednesday July 21 from 4-5 pm  Ken Kirschenbaum. Buy - sell considerations from legal perspective.  How to plan for it and what to expect
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Comment on operators working from home from article on July 2, 2021
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Ken
            Who’s to say these operators are working from home? If it becomes a simple login to start processing signals/calls, what prevents them from taking the laptop to the bar and going to “work”? What happens when they stay logged in and walk away from the computer and little Johnny decides to start pressing buttons?
Jason Holmes
Southwest Fire & Security, LLC
Mansfield, TX
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Response
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            Quality control, whether it's for equipment or people, is always an issue and employer responsibility.  While supervision over equipment and personnel is probably easier at the fortified monitoring center, if UL changes the rules and permits operators to work from home or somewhere other than the monitoring center, presumably there will be guidelines to follow.  Some are concerned with increased liability, and that is a legitimate concern.  However, if UL sets the custom and practice then following those guidelines should not be the cause for increased liability because those guidelines will be the industry standard; there will be no deviation from industry standard by following the guideline.  The increase in risk, and therefore liability, comes because the new proposal creates more "moving parts" for something to go wrong. 
            We see things going on, decisions being made, all day long by our government.  These decisions, no matter how disastrous the consequences, are sanctioned by the AHJ and there's nothing to be done about it, other than to change the people who are the AHJ.  Well, here we are with UL making a policy decision that some may agree with, others don't, but if you follow the rules you're immune from criticism and liability. That's apparently how it works, or doesn't.
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
516 747 6700
www.KirschenbaumEsq.com