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News & Analysis as of

Advertising Law - September 2014

Complimentary TCPA Update Webinar: The Year in Review and What Lies Ahead - One year has passed since the implementation of the Federal Communication Commission’s revised Telephone Consumer Protection Act (TCPA) rules....more

CPSC Tackles Child Injuries in Proposed Ban

Magnets, Choking Hazards, and Fatal Child Injuries - When should a hazardous product be banned due to safety concerns? A recent article in USA Today stated that the Consumer Product Safety Commission might ban...more

COPPA Update: Ask and Ye Shall Receive…Actual Knowledge

Online services that ask for the age of users as part of the registration process will be deemed to have “actual knowledge” of that information. Whether or not one’s site is directed to children, a registration process that...more

Breaking News: The COPPA Enforcement Actions Are Here!

As we predicted in prior blog posts, the Federal Trade Commission has begun its vigorous enforcement of the Amended COPPA Rule. And one of the players is not a child-related site, so read on. The Commission just announced ...more

Widespread Sexual Abuse of Children in Remote Northern Community Results in Another Priest Being Found Guilty of Sex-Related...

The press reported late last week that former Roman Catholic priest and Oblate missionary Eric Dejaeger has been convicted on 24 of 80 sex-related charges involving Inuit children from the remote community of Igloolik in the...more

Texas Supreme Court Opinions and Orders (8/14 - Part 2)

In its weekly orders on Friday, August 22, 2014, the Supreme Court was busy. The Court issued 7 opinions, granted 4 petitions for review, and set 4 mandamus petitions for argument. Scott Stolley summarized 3 of the opinions,...more

Do you want your under 13 kid to have a Gmail or YouTube account? Google does…..

According to recent media reports, Google is allegedly designing a Google account for children under 13 which would permit children in this age group to officially create their own Gmail account and to access a kid-friendly...more

"Surge Docket” for New York Minors

An immigration court in New York has begun what it is calling “surge docket” proceedings for unaccompanied minors. The court, which typically sees less than 100 minor cases per month, is now taking on around at least 30 cases...more

Appellate Court Notes

SC18942, SC18993, SC18994 - Perry v. Perry - Attorney appointed for a minor child cannot appeal the trial court’s award of only a portion of her fees w/o trial court permission. But that same attorney has personal...more

Intervention Generally Not Permitted After Final Judgment

In this trust litigation case, the Attorney General of Delaware sought to intervene in a case involving a charitable trust providing for children with physical disabilities in the State of Delaware. In 2004, additional...more

Crisis at the Border Shows Problems in US Immigration Law [Video]

August 1, 2014 (Mimesis Law) -- To date, up to 57,000 unaccompanied minors fleeing social unrest in Central America have tried to cross over from Mexico into the United States, flooding the immigration system and sparking a...more

Tales of Hoffman: Postmortem Planning for Actor’s Estate

The tragic death of actor Philip Seymour Hoffman has given us an opportunity to consider his estate planning, with lessons and strategies for the rest of us....more

Supreme Court Rules Some Children Over 21 Must Restart Visa Process

A divided Supreme Court ruled Monday that nearly all immigrant children who turn 21 while waiting for their families’ visa application to be approved will have to restart the process. The 5-to-4 decision came before the...more

DHS and White House Respond to Increase in Unaccompanied Immigrant Children at the Border

Last week, President Obama and the Department of Homeland Security (DHS) released statements on a plan to address an increase in unaccompanied immigrant children at the southwest border of the United States. The statements...more

June 2014 Estate Planning Update: Short-term Guardians for Minor Children

Nevada law (NRS 159.205) allows parents to appoint short-term guardians for their minor child(ren) without the approval of the court so long as the parent has legal custody. The short-term guardianship can last for up to six...more

Reasonable attorney fees did not include underlying administrative hearing process against Social Services, court determines

In K.I. v. Wagner, 2014 DJDAR 5546 (2014), the California Court of Appeal for the Fourth Appellate District granted partial attorney fees in a social security proceeding. An attorney represented a minor who was disabled by...more

CFPB takes steps to protect foster care youth from credit reporting problems

To address concerns about the vulnerability of foster care children to credit reporting problems, the CFPB has published three action letter templates for child welfare caseworkers to send to credit bureaus if they find...more

When Is My Child Emancipated?

The question of when your child is emancipated is extremely fact sensitive. As an example of this, the Appellate Division recently released an unpublished opinion Rybak-Petrolle v. Karcz. In that case the parties had a 21...more

Missouri Appellate Court Holds That Parents Can Be Liable For Injuries Their Child Inflicts On Others at School

In a case of first impression, the Missouri Eastern District Court of Appeals held that a plaintiff injured while assisting a special education student stated a cause of action for negligent parental supervision against the...more

Spain: FIFA suspends FC Barcelona transfer ban

The FIFA Disciplinary Committee sanctioned the FC Barcelona for reported breaches about the signing of under-age players with a year-long transfer ban and significant fines last April 2. ...more

Local Governments Should Participate in FDA e-Cigarette Proposed Regulation Process

Acknowledging that the current state of the e-cigarette market is akin to the Wild West, the Food and Drug Administration has moved to issue regulations. As NPR’s Health blog reports, the proposed rulemaking would invite...more

New Sentencing Hearings for Close to 100 Illinois Convicts

The Illinois Supreme Court decided on March 20, 2014 that inmates that are currently serving life sentences without the possibility of parole for homicides they committed as minors will now be granted new sentencing hearings....more

States Further Attempt to Protect Minors' Privacy Online

Following the adoption of a California law protecting minors under the age of 18 online, Delaware has now introduced House Bill 261, which would add a new section called the Child Online Protection Act to Title 6 of the...more

Child Support: Will I Really Have to Pay for My Child’s College?

“Aren’t I done paying support once my kid turns 18?!” is common sentiment among many parents who are paying child support. A recent case that has been making waves in the news involves a New Jersey teenager who sued her...more

FC Barcelona sanctioned by FIFA for international transfers of minors

FIFA’s Disciplinary Committee has sanctioned the Spanish Football Federation (“RFEF”) and Spanish club FC Barcelona for “breaches relating to the international transfer and registration of players under the age of 18“....more

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