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California Appeals Court Determines ADA Not Applicable to E-Commerce Websites Lacking a Brick-and-Mortar Store

The California Court of Appeals Second Appellate District recently affirmed a trial court’s dismissal of a complaint filed by a visually impaired plaintiff, alleging that a cleaning product company’s retail website was...more

Ninth Circuit Provides Companies New Guidance and Much Needed Potential Relief in Prop 65 Litigation

For decades, companies have faced lawsuits for violation of the California Safe Drinking Water and Toxic Enforcement Act, also known as “Prop 65.” Some of these actions are legitimate, while others often bear resemblance to a...more

NY District Court Rules ADA Does Not Apply to Internet-Only Businesses

The U.S. District Court for the Eastern District of New York recently ruled that the Americans With Disabilities Act (ADA) does not apply to websites that maintain no connection to a brick-and-mortar retail location based on...more

California Proposes to Significantly Limit the Use of Proposition 65 Short-Form Warning

On January 8, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed to amend the short-form warning regulations under the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as...more

California Governor Enacts Legislation to Codify Civil Procedure Emergency Rules

Recently-signed California legislation SB 1146 immediately modifies the California Code of Civil Procedure on electronic service and remote depositions. Additionally, SB 1146 extends certain civil deadlines for the duration...more

California Appeals Court Relies on Nexus Theory to Reverse Dismissal of ADA Website Violation Complaint

The California Court of Appeals, Fourth Appellate District, recently reversed a lower court ruling against a visually impaired plaintiff who alleged that a credit union’s website was incompatible with screen-reader software....more

CCPA Enforcement Alert: Businesses Must Not Ignore Ccpa Requirements During COVID-19 Pandemic

COVID-19’s strain on businesses has prompted the federal and state governments to relax certain regulatory standards. Regardless of the pandemic’s increasing momentum in the United States, and in California particularly, the...more

Deadline Looms for Employers to Provide CCPA Notices

As we have reported previously, the California Consumer Privacy Act (CCPA) will take effect on January 1, 2020. On or before that date, businesses that employ California residents, retain California residents as independent...more

Supreme Court Denies Review Of ADA Website Accessibility Case, Leaving Businesses Subject To Ninth Circuit's Guidelines

The U.S. Supreme Court recently declined to review a Ninth Circuit Court of Appeals ruling that held that the Americans With Disabilities Act (ADA) applies to nongovernmental entity websites that have a nexus to their...more

Latest California Consumer Privacy Act Amendments Impact Business Compliance Initiatives

On September 13, the final day of its legislative session, the California Legislature approved five amendments to the California Consumer Privacy Act (CCPA), the state’s sweeping new privacy law that takes effect on January...more

California Appellate Court Adopts Broad Standing for Claims Based on Asserted ADA Violations

The California Supreme Court recently issued a ruling in White v. Square, Inc. that suggested standing to assert claims against websites for violations of the Unruh Civil Rights Act will be interpreted very broadly. In a case...more

California Supreme Court Decision Could Expand Standing for Website Accessibility Claims

Evolving case law regarding website accessibility under the Americans with Disabilities Act (ADA) and comparable state laws continues to impact companies across the country. In the past, courts have required plaintiffs to...more

In ADA Website Accessibility Cases, Remediation May Be a Successful Defense

Companies, universities and other organizations around the country continue to face an onslaught of lawsuits brought under the Americans with Disabilities Act (ADA) alleging that commercial websites cannot be appropriately...more

Ninth Circuit Reinforces Accessibility Requirement for Websites and Apps Under ADA

Any company doing business on the West Coast must be aware of the Americans With Disabilities Act (ADA) and how it applies to their website. Now, following a flurry (if not frenzy) of cases...more

California Consumer Privacy Act: European-Style Privacy With Worldwide Implications

California enacted a sweeping new data privacy law on June 28, 2018, just one week after it was introduced in the California legislature in part to head off an effort to pass a stricter data privacy law as a ballot measure...more

DOJ Puts ADA Website Project on Hold

On July 20, the Trump administration published its Unified Agenda of Regulatory and Deregulatory Actions, which transferred to an “inactive actions” list the Department of Justice’s (DOJ’s) ongoing project for additional...more

[Webinar] Could My Company's Website Violate the Americans with Disabilities Act? - June 14th, 12:00pm EDT

Under the Americans with Disabilities Act (ADA), places of public accommodation must ensure equal access to the goods and services they offer to disabled individuals. Is a company website subject to the ADA? The answer to...more

Ninth Circuit Again Clarifies that Arbitration Is Creature of Contract: Employee's Agreement to Abide by Company Manual Is...

The court’s opinion instructs that employee agreements to arbitrate may be obtained through written acknowledgments referencing company manuals. Arbitration remains a preferred forum for many employers, yet courts are...more

New Ninth Circuit Opinion Requires Companies Seeking to Enforce Arbitration to Pay 'Sirius' Attention to Contract Formation

On November 10, 2014, the U.S. Court of Appeals for the Ninth Circuit continued its recent trend of declining to enforce arbitration clauses after finding that the contracts containing those clauses were never actually formed...more

New California Law Imposes Costly Risks to Companies Using Independent Contractors Supplied by Staffing and Recruiting Firms – But...

On September 28, 2014, Governor Jerry Brown of California signed a bill that puts a potentially enormous liability risk on companies that use workers supplied by “labor contractors” that fail to pay all wages due the workers....more

Ninth Circuit Affirms District Court’s Refusal to Enforce Arbitration Clause in Barnes & Noble’s Browsewrap Agreement—Conspicuous...

E-commerce forges ahead as many consumers’ preferred way of buying things, and the law is evolving to meet the demands of advancing technology while also accounting for the public’s protection. In the most recent example, the...more

Newly Enacted State Laws Will Affect Companies Operating In California

With the New Year comes a slew of California employment regulations that every company conducting business in the Golden State must follow. Unless otherwise stated, the following Assembly bills (ABs) go into effect...more

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