are you a potential class action defendant April 24, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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are you a potential class action defendant
April 24, 2017
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Tomorrow's webinar - still time to sign up
Title: All You Need to know about Internet security and why is it relevant for the alarm industry 
Register here:  https://attendee.gotowebinar.com/register/6899604070803705091
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are you a potential class action defendant 
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    Would you rather be tormented by a ghost, bitten by a vampire or be a class action defendant?  Class action defendant is the modern day horror story.  Think you're too small an operation to be subject to a class action?  Wrong.  You may not be big enough to have the distinction of being the only class action defendant, but you might end up being included in a action against several class action defendants, all of whom allegedly violated rights common to the plaintiff class.  Lesson learned is, every alarm company can be a class action target.  Class actions are prohibitively expensive to defendant, even when you're right.
    Where can a class action originate?  Two potential classes come to mind

• your employees
• your subscribers

    What kind of claims can be brought?  The list is probably endless and limited only by the imagination and creativity of class action lawyers [the good, bad and ugly].  I was about to list several issues that come to mind but why educate or encourage anyone.  So just take my word for it, there are plenty of issues to tag you on.
    How can you reduce the chance,if not prevent, of becoming a class action defendant?  Believe it or not, it's pretty easy.  
    You should have our Standard Employment Agreement with all of your employees.  If you have outside sales people then you should be using the Standard Independent Sales Affiliate Agreement.  These agreement forms contain an arbitration provision and class action waiver.
    You should have our Standard All in One Agreements with your subscribers.  Each of our Standard form agreements contain an arbitration provision that requires disputes with subscribers to be arbitrated.  The inclusion of the arbitration provision is intended to provide for 

• a quicker and less costly [legal fees] resolution of the dispute and 
• also to prohibit the employee or subscriber, as the case may be, from participating in a class action as lead plaintiff or member of the class. 

    Of course there are many reasons to be using our Standard Form Agreements.  The arbitration provision is just one of them.  Get the agreements or update your agreements if they don't have copyright 2015 or later.  Order at www.alarmcontracts.com
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WEBINARS:  Sign up for any or all of the webinars that interest you.
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FREE Webinar Series "All You Need To Know About" alarm industry issues. 
Register for one or all.  Each presentation scheduled for half hour to hour.  Not recorded.
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Title: All You Need to know about Internet security and why is it relevant for the alarm industry 
When: April 25,  2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: Discussion of securing Internet devices.  Attacks by Mirai and other botnets and disruption to Internet services around the world made possible because of the millions of poorly secured cameras, DVRs and other installed network devices. 
Who should attend: Alarm company owners, general and technical managers
Presented by: Securifi, a leading router and smart home hub company, soon to be offering its own comprehensive Total Security Solution (Monitored Security + IoT Security + Parental Controls + Malware Blocking) to the alarm industry.  Rohit Somani     rohit.somani@securifi.com    855 969 7328  
Register here:  https://attendee.gotowebinar.com/register/6899604070803705091
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Title: All You Need to Know Before You Add DIY to Your Business
When: May 9, 2017 12 noon EST
What will be covered: This session will cover the basics of the DIY model, the critical factors of succeeding with a DIY business, the DIY customer and how the market has shifted over the last few years.
Who should attend: Alarm company owners, managers and those interested in DIY business model
Presented by: Megan McDonald, VP of Marketing, Alarm Capital Alliance and MyAlarm Center. 866-484-4800 x 8470   megan.macdonald@myalarmcenter.com 
Register here:  https://attendee.gotowebinar.com/register/1457595459244475906
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THE ALARM EXCHANGE

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
oovoo account: KenKirschenbaum