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Reitman on PPP / Arbitration provision not enforced / Webinar today – don’t miss out - Register Now for today's free Webinar by Jeff Zwirn
February 16, 2021
Webinar announcement: Register now for this informative webinar
Title:  Forensic Analysis of Non-Conforming Control Panel(s); the UL issue
When:  February 16, 2021 at 12 PM noon ET  1 hour.  Will be recorded
Topic:  Analysis of risk if using control panels that don't meet UL and NFPA standards
Presented by:  Jeffrey Zwirn and  Merton Bunker, PE former NFPA employee and Staff Liaison for NFPA 72
Hosted by: Ken Kirschenbaum,Esq
Who should attend:  Alarm company owners, AHJs, Nationally Recognized Testing Laboratories and manufacturers

Sign up here:
Reitman on PPP
          I received an update on PPP loan funding from the AICPA and I would like to share it with your readers.    This is a quick article that I wrote for several of the State Trade Associations.  I am reprinting it here for your readers who have yet to join their Associations. 
          The U.S. Small Business Administration (SBA) announced changes designed to reduce delays in the Paycheck Protection Program (PPP) approval process.. A significant number of applications have been held up by process and system issues stemming from additional validation checks put in place to flag potential fraudulent applicants.  Often the system didn’t allow lenders to submit the documentation or directly address other errors, such as data mismatches, that were preventing otherwise acceptable applications from being approved.   To address the concerns raised about the PPP process, the SBA said it would allow lenders to directly certify the eligibility of borrowers for first- and second-draw loans and would not require lenders to submit supporting documentation of borrowers with validation errors until they apply for loan forgiveness. The changes are designed to speed up the flow of funds to PPP applicants while “maintaining the integrity” of the program, according to the SBA.  The SBA also said it would create additional communication channels with lenders, including an immediate call with national lenders to brief them on the PPP platform’s added capabilities.
          Most of our clients are finding that their round 2 PPP loans are quickly approved and funded.  If you are having issues, or would like assistance in the application process, please reach out to us. 
 Mitch Reitman
Reitman Consulting Group, Inc
          The second round of PPP is a little different than the first.  An added criteria for forgiveness is that you have a 25% reduction in revenue in any calendar between 2019 and 2020.  You don’t need a CPA to figure this out.  Take out your bank statements and check the deposits for each quarter to see if there is reduction.  If not, you can still get the second PPP loan, but it won’t be forgiven.
          Call Mitch for assistance unless you’re a K&K Concierge Client, in which event you can call me or our Program Coordinator Stacy Spector,Esq at 516 747 6700 x 304.
Arbitration provision not enforced
          A Massachusetts court has held the Uber arbitration provision unenforceable, essentially because it is contained in terms and conditions on line rather than in a signed agreement.  I know K&K’s standard forms deal with this issue and I encourage everyone to update their contracts with Kirschenbaum Contract standard forms.
          This case just goes one step further to reinforce your contracts and click through, as opposed to terms and conditions available on the service provider website for review at another time.
          It also limits the ability of the service provider to just arbitrarily change the terms and conditions with no ability to dissent and negotiate a compromise
 Bart A. Didden, President
U.S.A. Central Station Alarm Corp.
Port Chester, NY
Milford, CT
St. Paul, MN
          Even though every court recognizes that the law favors arbitration over court [a proposition expressed by the United States Supreme Court and therefore binding on all courts] many states, too many, and too many judges will do anything to get out of enforcing the arbitration clause.  So when Uber sought to enforce its arbitration clause the court found the clause not binding because it was in a website terms and conditions.
          As most of you know, the K&K standard form agreements are customized state by state.  One of the issues we have to check is the arbitration “rules” in each state, which can be fluid.  Bottom line is that you have to “get it right” or you may find a judge refusing to enforce the provision.  While this doesn’t mean you don’t have a remedy, it just won’t be in arbitration. 
          Another problem is that many of the provisions alarm – security – fire – guard companies rely on [especially if they are smart enough to use the Kirschenbaum Contract ™ standard forms, are also carefully scrutinized by judges who will look for any way to refuse to enforce the provisions.  Again, you’ve got to “get it right”, and this time it’s not just an issue of whether you’re in a court of law or arbitration proceeding; in this case your contract terms are not going to be enforced, period. 
          Don’t gamble with your company; don’t continue to do business without maximizing the value of every RMR contract you enter into.  Make sure your K&K contracts are updated [older than 2020 are too old].  If you don’t have K&K contracts, I feel sorry for you. 

NOTICE:  K&K has two clients looking to sell alarm accounts.  One company is near Orlando FL and the other outskirts of Miami FL.  More details in The Alarm Exchange in the Merger and Acquisition category.

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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