Lynn Calkins

Lynn Calkins

Holland & Knight LLP

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Fair Housing Act Prohibits Policies and Practices Causing a Disparate Impact - Housing Policies and Practices Must Be "Necessary...

On June 25, 2015, the U.S. Supreme Court held that individuals and groups can challenge housing policies or practices that have a disproportionate adverse effect on protected classes (i.e., a disparate impact) – even if there...more

6/26/2015 - Affordable Housing Disparate Impact FHA Pleading Standards Racial Discrimination SCOTUS Texas Dept of Housing v Inclusive Communities

U.S. Supreme Court May Require Notice-and-Comment On More Agency Actions

On December 1, 2014, the Supreme Court heard oral argument in Perez v. Mortgage Bankers Association and Nickols v. Mortgage Bankers Association to address whether a federal agency must engage in notice-and-comment rulemaking...more

12/3/2014 - Administrative Procedure Act DOL Exempt-Employees FLSA Mortgage Bankers Association Mortgage Loan Officer Notice and Comment Oral Argument Paralyzed Veterans Doctrine Petition for Writ of Certiorari Rulemaking Process SCOTUS Wage and Hour

DOJ Requires Compliance with Voluntary Guidance for Website Accessibility - Website Operators: Be Aware of Efforts to Expand Legal...

The Department of Justice (DOJ) has announced a compliance review and subsequent settlement agreement with Ahold U.S.A. Inc. and Peapod, LLC – the owner and operator of peapod.com, an online grocery shopping website. The...more

11/25/2014 - Accessibility Rules DOJ Enforcement Grocery Stores Mobile Apps Settlement Website Accessibility Websites

Court Rules Disparate Impact Claims Cannot Be Made Under Fair Housing Act

Earlier this week, a federal district court judge struck down a regulation issued by the U.S. Department of Housing and Urban Development (HUD), which would have allowed for claims of housing discrimination to be based on...more

11/6/2014 - Discrimination Disparate Impact Fair Housing Act HUD

Court Says "Porch-Like Structures" Do Not Violate ADA

In an important decision for retailers and other public accommodations, the Tenth Circuit overturned a lower court decision requiring that every "porch-like" entrance to Hollister retail establishments be remediated to be...more

9/8/2014 - ADA Corporate Counsel Disability Disability Discrimination Reasonable Accommodation

DOJ Regulation Proposes New Closed Captioning Requirements

The Department of Justice has issued a Notice of Proposed Rulemaking that will establish new closed captioning requirements for movie theaters. This proposed rule has been issued under Title III of the Americans with...more

8/4/2014 - ADA Closed Captioning Disability Disability Discrimination DOJ Title III

FCC Regulations On Phone Call Captioning Held To Be Arbitrary and Capricious

On June 20, 2014, the D.C. Circuit Court of Appeals vacated two FCC regulations on phone call captioning technology designed for the hearing impaired, holding that the rules were made arbitrarily and capriciously in violation...more

6/23/2014 - Administrative Procedure Act Disability FCC Technology

The New ADA Design and Construction Issue: Website Accessibility

- The DOJ has indicated that it plans on issuing a separate regulation to address website accessibility. However, no official action has been taken since it first sought comments on its proposal for addressing website...more

6/18/2014 - ADA DOJ Public Comment Website Accessibility Website Design Websites

No Judicial Review of FTC Jurisdiction until the Agency Takes a Final Action

Companies that handle personal data may need to litigate an FTC enforcement action to its conclusion before a court will review the Commission's jurisdiction to commence the enforcement action in the first place....more

6/3/2014 - Cybersecurity Data Protection Enforcement Enforcement Actions FTC HIPAA Jurisdiction

Further Clarification On The Constitutionality Of Exported Coal Reclamation Fee Is Delayed

The D.C. Circuit has decided against ruling on the substance of whether the Abandoned Mine Land reclamation fee and the regulatory methods the Office of Surface Mining uses to collect it on exported coal create an...more

5/28/2014 - Abandoned Property Bureau of Land Management Coal Coal Industry Coal Mines Exports Mining Mining Tax Reclamation

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