Security Law & Methods
Security Law is a broad term used to describe
a number of substantive areas of the law which go to many legal and
public policy matters. The provision of security services has, at its
core the inclusion of many
legal subjects, including but not limited to: Contracts, Insurance, Civil
Rights, Constitutional, Criminal, Employment and Tort law. Each of
these legal disciplines relate, often in a significant and unique way,
to the issues commonly confronted within the security industry and
within
corporate America.
Partly because of the broad range of legal subjects
covered with the term "Security Law," the answers to concerns
raised by crime and misconduct are difficult to obtain. There are numerous
questions which illustrate the application of these legal disciplines.
For example, under what standards and factual settings are security
guards deemed "public actors"? How have courts viewed the
application of constitutional protections relative to actions of security
providers? Under what circumstances and tests are property and business
owners deemed liable for criminal action of third parties? What factors
do courts focus on when determining whether a criminal act creates
a duty on the part of property and business owners? What affect do
contractual provisions, such as indemnification and limitation of liability
clauses, have on liability exposure or the application of legal culpability?
What particular significance do these clauses have on the provision
of security services? What are the legal standards and liability implications
for violent acts, such as work place violence and terrorism? What important
public policy questions are raised by such violence and its ramifications?
These questions, and many others, are often raised
from crime or employee misconduct. These issues and implications were
developed in two ground breaking books by Dr. James F. Pastor, entitled
The Privatization of Police in America and
Security Law and Methods.
While some attorneys are versed on these issues,
most do not have the security experience to adequately
provide advice and counsel. Indeed, this is the focus of our business.
We maintain an extensive array of case law and resources related to
current court decisions. Further, we have an intuitive "sense" for
security issues, which is based on decades of police, security, and
legal work product and experiences. In this way, we focus on this multi-disciplinary
subject with a consistent theme: the threat, incident and implications
of crime. When you need focused advice for specific security related
concerns, we can assist your company with answers related to the following
areas:
- Privacy Matters within the workplace
- Use of Force by proprietary or contract security officers
- Discrimination/Harassment within the workplace
- Workplace Violence/Domestic Violence within the workplace
- Interaction & Cooperation with Policing Agencies
- Risk Management techniques via Contract & Insurance Provisions
- Security Procedures & Policies within the workplace
Feel free to contact us to discuss how we can assist your company on
security law matters.