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So, you’re ready to launch your new online business or mobile app. The website looks great, and the app tile has an elegant, simple design that’s sure to stand out on phone and tablet screens. Missing anything? Oh, yeah, that...more

Are Waivers of Liability Enforceable in New York?

We have probably all seen them in the “fine print” at one time or another: waivers of liability, injury waivers, or pre-injury clauses we have to sign before taking part in some type of activity. Waivers of liability have...more

California Amends Labor Code to Prohibit Employers from Using Juvenile Records in Employment Decisions

On September 27, 2016, California Governor Jerry Brown signed Assembly Bill No. 1843, which amends the California Labor Code to prohibit employers from considering certain juvenile records for employment purposes.  The...more

Using the Uniform Transfers to Minors Act for Minor Investors in EB-5 Investment Funds

The USCIS stated in a stakeholder call on July 28, 2016 that minors can be primary applicants on I-526 petitions for visas under the EB-5 Program, but bear the burden of proving by a preponderance of the evidence that they...more

California Prohibits Employers from Considering Juvenile Criminal Convictions

In the past, a California employer could freely inquire about and consider a job applicant’s history of criminal convictions in determining any condition of employment including hiring, promotion, or termination. Although...more

Liability under CDA Section 230? Recent Lawsuit Tries to Flip the Script against Social Media Service

Title V of the Telecommunications Act of 1996, also known as the “Communications Decency Act of 1996” or “CDA” was signed into law in Feburary 1996. The goal of the CDA was to control the exposure of minors to indecent...more

High Speed Hiring: The Importance of Anti-Discrimination Practices in Online Employment Advertising

There are currently more than 1 billion websites accessible to the world by just the click of a mouse or the swipe of a phone screen. The Internet has become a major part of more than 3 billion active users everyday lives,...more

California Appellate Court Holds Police Video of Arrest Not Protected Under Pitchess

Only a Record Generated as Part of an Internal Investigation is Protected by Pitchess - The California Court of Appeal has ruled in City of Eureka v. Superior Court (Greenson) that a police “dash cam” video of an...more

Suggested Procedures and Possible Options for Accepting Minors as Investors in EB-5 Investment Funds

The delay in processing EB-5 immigrant visas caused by the increasing waiting line commonly referred to as “retrogression” is causing an increase in demand by parents in China to have their minor children named as the primary...more

The Capitol Update - June 2016

Ending with more of a groan than a whimper, the members of the Connecticut General Assembly concluded a difficult 2016 session on June 2. Members left Hartford after confronting for the third time in six years State budget...more

Summertime, and the Livin’ is…well, potentially complicated

Ah…summertime. It’s finally here. The long days, the slower pace. Vacations, hotdogs and hamburgers on the grill, and the ever-present risk of legal exposure. Huh? That’s right, summertime also ushers in different types of...more

Prom, Graduation and the Dangers of Under-Aged Drinking. Who is Liable?

It’s the season for proms and graduation parties, which means increased underage drinking and serious safety concerns. What many adults do not know, is that they can be found liable when a teen consumes alcohol on their...more

Legal Update: Regulation of E - Cigarettes

On May 5, 2016, the federal Food and Drug Administration (FDA) announced new regulations governing the sale of e-cigarettes, hookahs, dissolvable tobacco, pipe tobacco, cigars and other tobacco products (ENDS). The new rule...more

A Signed Declaration Of Age Card Is Not The Only Defense To Prosecution For Selling Alcoholic Beverages To A Minor

The verification process of having purchasers complete a declaration of age card is overly burdensome on the licensee, especially at busy nightclubs, taverns, and restaurants. The licensee must weigh valid customer demands...more

EU Data Protection Reform Will Force Big Changes Globally

Earlier this week, on December 15, 2015, EU officials approved the text of new data privacy regulations after nearly four years of discussions. The EU-wide bill, which will supersede what is now known as the EU Data...more

What Happens to the Youngest Victim of the San Bernardino Shooting?

On Wednesday, December 2, 2015, while a holiday office party was taking place at the Inland Regional Center in San Bernardino, California, Syed Farook and his wife, Tashfeen Malik, dressed in masks and body armor, entered the...more

The Emancipation of “Home Alone” Character Kevin

I can’t believe it has been twenty-five years since I first saw the movie “Home Alone.” I remember I didn’t particularly like the movie, as I found it hard to believe that an eight year old boy could be smarter and more...more

Kroger to Pay $42,500 to Settle EEOC Sexual Harassment Suit

Company Failed to Stop Harassment of Teen Employee in North Little Rock After Her Complaints, Federal Agency Charged - LITTLE ROCK, Ark. - Major nationwide retail grocery store chain Kroger Limited Partnership I, Delta...more

The Seventh Circuit Applies the Erie Doctrine to Minor Settlements

For the purposes of the Erie doctrine, which directs federal courts sitting in diversity to apply state substantive law and federal procedural rules, “damages law is substantive law,” and that includes the law that governs...more

Facebook Posts Important Advertising Law Win

On October 30, 2015, Facebook, Inc. posted an important win in the Ninth Circuit Court of Appeals. In a non-precedential decision, the court upheld the federal district court’s dismissal of a complaint filed by a proposed...more

Per Liar Liar, performing background checks on minors can be major issue

Because I’m a lawyer and because my friends know I love movies, people frequently ask me to identify my favorite lawyer-related movies. My personal favorites are My Cousin Vinny, A Few Good Men, and Liar Liar. To the extent...more

Massachusetts Legislature Takes Action on Opioid Crisis

Amid a recent surge in opioid-related deaths in Massachusetts, with over 1,200 accidental deadly overdoses last year, the Senate passed legislation on Thursday, October 1, that is designed to fight the epidemic on various...more

Revisiting Privacy Policies and Practices in Light of Delaware Law

The Delaware Online Privacy and Protection Act (the "Act") addresses privacy policy, marketing or advertising to Delaware residents under age 18 and digital book service information disclosure requirements. The Act goes into...more

Trust and Estate: Changes made to the Florida Uniform Transfers to Minors Act

Every spring, the Florida legislature meets in regular session, and seemingly in every session significant changes are made to Florida’s trust and estate laws. Once again in 2015 changes were made to the Florida Uniform...more

US Supreme Court Holds that Student’s Statement to Teacher can be Admitted at Trial

The U.S. Supreme Court (the “Court”) recently issued a unanimous decision as to whether or not prosecutors could introduce statements at trial when a child is not available for cross examination. The Court’s decision has...more

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