KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** Protecting your design and estimate work product / contract updated / Webinar announced December 11, 2024 ************************* Protecting your design and estimate work product / contract updated ************************* Ken We’ve have recently found out that some of our clients have been sharing our emails with competing vendors. Some of these emails contain budgetary pricing and part numbers in the body of the emails. With lots of emails going back and forth during the sales cycle, we are looking for a proper email statement to include in the signatures of all our company employee’s emails moving forward. We do have K&K Confidentiality Agreement for Estimates and Specifications, but can this only be used for security related business? Can this be modified by us for our technology work such as, AV, Digital Signage, Structured Cabling, etc.? Thanks, Rob ************************** Response ************************** The Confidentiality Agreement for Estimates and Specifications was originally commissioned with fire alarm design in mind, but was drafted more broadly to include intrusion and PERS as well as a blank space for “other”. The confidential document was an “estimate” though “other confidential information” was included in the agreement. I revisited the Confidentiality Agreement for Estimates and Specifications because of your inquiry and I have modified and broadened the Confidentiality Agreement for Estimates and Specifications to specifically cover AV, cameras, structured cabling and other systems. The language that could have been interpreted to be limited to a “proposal” has been broadened to unmistakably include emails and other written documents and information. Including a statement of confidentiality in your email “signature” isn’t going to be enough because your potential or actual customer hasn’t agreed to whatever you write in your email. Some warning that “do not continue to read unless you agree to ….” Is not likely to hold up, though it might cause a potential customer to pause before sharing the email. The Confidentiality Agreement for Estimates and Specifications was introduced a few years ago and I haven’t had a single dispute for breach sent to me, though others may have had occasion to rely on and even enforce the Confidentiality Agreement for Estimates and Specifications. It’s a fairly popular agreement in the industry and should be used when you are spending a good deal of time and effort to design and recommend a system; you don’t want your design used by the potential customer to shop around with your competition. The Confidentiality Agreement for Estimates and Specifications has now been updated for 2025. **************************** Webinar Announcement **************************** K&K will present a free webinar on December 18, 2024 at noon ET on essential issues regarding E&O insurance coverage. Be sure to attend or watch the webinar on the K&K website once updated. Register here: https://attendee.gotowebinar.com/register/5871022000598911321 ******************* Title: Application for E&O coverage and related issues Presented by: Shawn Iverson of The Insurance Center When: December 18, 2024 at 12pm ET. Webinar will be posted on K&K website https://www.kirschenbaumesq.com/page/alarm-webinars Who should attend: Owner, GM, risk managers Topics to be covered: Do you really have E&O coverage? Is there difference between general liability, professional liability, completed operations and Errors and Omission coverage? Do all carries purporting to write E&O coverage for alarm/security companies understand the coverage How important is detail in response on the application or renewal application What are implications for less than accurate response to application questions Do all carriers handle claims the same How should you rely on your insurance broker and are they all the same ************************* K&K Holiday Party 2024: tomorrow night – Napco will be providing grab bag gifts to dealers attending ************************** The K&K Holiday Party is tomorrow night: December 12, 2024 in Old Westbury, NY from 6:30 to 9:30 PM. If you are coming you should have RSVP'ed to Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com or Amy Laveglia at 516 747 6700 x 313 or ALaveglia@Kirschenbaumesq.com or on the sperate invite. Special thanks to Napco who is promising to have give away grab bag gifts. It's a surprise and you won't want to miss out. Thanks to Dick and Donna Soloway and the Napco crew for their support and generosity. *********************************** STANDARD FORMS Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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 www.KirschenbaumEsq.com
