Definition of a Security: It’s All in the Family (Resemblance Test)

This article is the first in an occasional series on the definition of a “security.”  The answer is important.  When a financial instrument qualifies as a security, it unlocks a set of laws and regulations that would not otherwise apply.  These include two statutes that are discussed extensively below: the Securities Act of 1933 and …

On Duty: A Franchisor’s Duty to Protect

Author’s Note: This article is part of an occasional series on liability issues facing the private security industry.  Two previous articles in the series addressed negligence claims for failure to protect a plaintiff against third-party attacks, specifically, the duty element of those claims.  These articles analyzed the duty owed by security guard companies and property …