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 white list ken@kirschenbaumesq.com ************************************ Letter of Commendation / loan to employee/ changing limitation of liability / webinars April 26, 2019 ************************* Free Webinars *********************** Topic: How to fill out the Commercial or Residential All in One – Sale or Lease form When: April 29, 2019 Time: 12 PM to 12:30 PM New York time Presented by: Ken Kirschenbaum,Esq Who should attend: all sales people who work with these contracts. You should have updated All in One Agreements. The Commercial and Residential forms, in sale or lease format, are filled out in similar manner. Update your All in One now to take full advantage of this webinar. This webinar will be recorded and made available to Concierge Clients [those signed up for our Concierge Program]. Sign up here:https://attendee.gotowebinar.com/register/3023700255575508739 *********************** Topic: How to negotiate the guarantee and holdback in the APA When: April 30, 2019 Time: 12 PM to 1 PM New York time Presented by: Ken Kirschenbaum,Esq Who should attend: owners thinking about buying or selling Sign up here:https://attendee.gotowebinar.com/register/924497262641412354 *************************** Topic: Negotiating terms in Dealer Agreement with your central station When: May 7, 2019 Time: 12 PM to 1 PM New York time Presented by: Ken Kirschenbaum,Esq Who should attend: dealers and central stations Sign up here:https://attendee.gotowebinar.com/register/1815847150023705858 ********************** Letter of Commendation ********************* I've never sought a "letter of recommendation" so I was pleasantly surprised when I got this one. I couldn't pass up sending it along. Thanks so much. KK *************** Letter of Commendation for Ken and his team. I have been in business for over 40 years, and in my career have used various attorneys for the multitude of matters that any business person encounters. Contract law, collections, personal law, great business advice, acquisitions, employment matters, vendor contracts, etc. I have never in my years of doing business have felt so comfortable dealing with Ken and his amazing Team. Starting with my first discussion with Eileen, every one of Kens Team is amazing in every way. You know you are at home with a law firm when making daily business decisions, my staff asks “ have you asked “Ken”? Thank you Eileen, Ken, Kieren, Jodi, Jennifer and the entire Kirschenbaum Team. Everyone at Forest Security. Illinois. ************************ loan to employee ********************** Ken I have an employee that I want to give a nice raise to, but I want a commitment from him that he will work for 2 more years. Is that doable with your employment contract? Thank you name withheld ********************* Response ********************* It's almost impossible to force an employee to continue working for you. I would not structure your idea as a raise conditioned upon 2 years of service. I think the better way would be a loan, a forgivable loan. This could be added to the Employment Agreement or documented with a Promissory Note. If the employee fails to complete the employment commitment then the balance of the loan becomes due and payable. With some imagination the raise could be escrowed and paid upon completion of the specified employment period. You need to engage counsel [K&K] for this documentation. ********************* changing limitation of liability ********************* Ken, A potential customer recently asked us for a change to the limitation of liability in section 24. They are “requesting a higher amount (i.e. contract purchase price) in the event FCSS is negligent.” Would you be able to let me know what should be offered in response to this request? Thanks, Barak ******************* Response ******************* You will not be able to raise the limitation in any significant way. There are other ways to deal with the provision. Engage me to negotiate if the job is worth it. See articles below: http://www.kirschenbaumesq.com/article/raising-limitation-of-liability-to-your-insurance-coverage-february-25-2019
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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 www.KirschenbaumEsq.com
