Protection One lawsuit

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Comments
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Ken
In this morning's newsletter did you intend to state that...

"...your contract have light or small hard to read font, on front or back"

   Just checking.
Kim Koehlinger
Koehlinger Lock
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Ken
   Did you mean this?
   "that your contract have light or small hard to read font, on front or back"
Eric Davidson, President
American Automation & Communications, Inc.
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Response
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   My mistake. Sorry and thanks for pointing out the error. The advice should have read:
    I have counseled consistently that
   your sales people refrain from explaining the contract terms
   that your contract NOT have light or small hard to read font, on front or back
   that you avoid late payment fees and cancellation charges [as opposed to liquidated damages for breach of contract]
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Question
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Ken
   The contract you provided my company covers me from the same lawsuits type of Protection one correct?
Eddie Harden,CET
Prestige Alarm and Specialty Product, Inc.
Trussville, Al
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Response
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   The Standard Form Contracts (the All in One forms are the most recent) do NOT have small font, shaded font, and DO HAVE notice on the first page that additional terms are on other pages. Additionally, the Standard Form Contracts are written in clear understandable language that even a lawyer can understand and would have trouble twisting around. So yes, with the Standard Forms you won't have the problem Protection One is having in this case. Just remember that one issue in the case is the alleged "explanation" the sales person offered at time of signing. Avoid doing that.
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another comment
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   Thanks for the write ups, Ken, they're always informative.
    And here we have a professional who advertises their proficiency and knowledge of the law, in effect stating now that they either did not read the contract in full, did not understand it, knew there were deficiencies or didn't care and signed it knowing that if something ever went not to his liking, he could just initiate legal action and cost the company more money than it was worth to prove a point.
Very frustrating, indeed.
A. J. DeMarzo, President
DFW ALARM

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TO SUBMIT QUESTIONS OR COMMENTS REPLY TO THIS EMAIL OR EMAIL Ken@Kirschenbaumesq.com. Most comments and questions get circulated.

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Webinars

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Topic: Trade Secrets and Restrictive Covenants. The webinar will focus on trade secrets and restrictive covenants as follows:

1. will courts enforce the covenants?

2. what standard must be met in order to obtain relief?

3. legal strategies for enforcing covenants

4. definition of trade secrets

5. required security efforts

6. non-compete agreements

When: Wednesday, April 2, 2014 12:00 PM - 1:00 PM EDT.

Presenter: Judge Ruth B. Kraft, Chair, Employment Law Group, Kirschenbaum & Kirschenbaum, P.C.

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Speaking Engagements

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SentryNet's 19th Annual Dealer Conference. April 22 - 24, 2014 at Harrah's in Tunica, MS. register at http://www.sentrycon.us or call Peggy at 800-932-3304 for more information. www.sentrynet.com

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Northeast Security & Systems Contractors Expo. Thursday, May 22, 2014 10 am to 5 PM at Royal Plaza Trade Center, Marlborough, MA. registration https://www.expotracshows.com/neacc/2014/ Presentation on Alarm Law issues and Q&A will be at 2 PM. For more info contact Gary Spaulding, NEACC President

207-384-2420 gary@spauldingsecurity.com
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Alabama Alarm Association. AAA's Fall Meeting and Trade Show - October 21, 2014 from 3 to 5 PM at DoubleTree Hotel 808 South 20th Street Birmingham, AL 35205 for more info contact AAA Executive Director: director@alabamaalarm.org (205) 933-9000

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Electronic Security Summit for 2014. October 22-24, 2014 at the landmark Broadmoor Hotel. Colorado Springs, CO. For more information contact Alexander J. Quirin, CEO & Managing Partner, Advisory Summit Providers, LLC., (786) 999-9738 alex.quirin@aspsummits.com www.aspsummits.com

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Protection One lawsuit - Correction Re: Contract Advice - March 24, 2014