A Moment of Simple Justice - Death by Cop
A Moment of Simple Justice - Ferguson & the Media
A Moment of Simple Justice - Revenge Porn
The Evolution of Informed Consent in U.S. Courts
FCPA Compliance and Ethics Report-Episode 71-World Cup Report-Part IV
Why Does BigLaw Have So Few Black Partners?
Friedman: Abramson Dismissal a 'Teachable Moment' for Companies
New Program Helps Women Lawyers Return to BigLaw
A More Perfect Union: Why Punish Russia for Crimea?
End Game in the Fight Over Same Sex Marriage?
Is Punishment Dead in America?
Annual Labor & Employment Update 2013
NYC Gifted Programs Should Rely on 'Math,' Lawyer Says
Coyle: Robert's SCOTUS Doesn't Respect Congress
Condo Adviser: Condominium Rules and Enforcement
Condo Adviser: Adjacent Development Rights and Objections
Viewer's Guide to Gay Marriage Oral Arguments
Weekly Brief: Are Scholarships a Bait-and-Switch For Law Students?
N.Y. Anti-Terror Law Diminishes Pursuit of Terrorism: Lawyer
Weekly Brief: DOJ Memo Details Justification For Killing US Citizens
Ah, Williamson County. We've ranted about it before, so we won't do so here (again). But takings mavens know that a property owner must meet two tests before she can raise a takings claim against a state or local government...more
A lawsuit filed by a Litchfield Jewish organization has been reinstated, giving the group new hopes it will ultimately win approval to build a 20,000-square-foot synagogue and community center near the historic...more
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
Public owners, as well as private owners and tenants of commercial and retail properties, are at risk of lawsuits brought under the Americans with Disabilities Act of 1990 (“ADA”) and related state law alleging that their...more
When I defend Virginia property owners in lawsuits involving the Americans with Disabilities Act (ADA), certain plaintiffs greet me warmly as I walk up to depose them. Why? Because we have seen each other so many times we are...more
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
I’m frequently asked two questions by business owners and managers when it comes to ADA compliance and lawsuits. The first question is, “what type of businesses get sued most often?”...more
MIAMI—What can Miami’s commercial real estate industry do to increase minority participation? And how is CREW-Miami helping through its programs in 2014? We caught up with CREW-Miami’s 2014 president and Bilzin Sumberg...more
Welcome to the latest edition of Minerals Matters and a slightly belated Happy New Year to you all. No doubt as you read this the holiday season seems a long time ago, but hopefully you had the oppor...more
The Department of Justice (DOJ) continues to make the hospitality sector a target for enforcement of the Americans with Disabilities Act (ADA). Starwood Hotels and Resorts Worldwide, Inc. and The Phoenician are the latest to...more
A. Statutory Overview
When foreclosing on commercial properties, lenders and servicers must assess the liabilities to which they may be exposing themselves under various state and federal laws and regulations. One such...more
It has been almost a year since the Department of Justice's ADA requirement for fixed or permanent pool lifts in "places of public accommodation" has been in effect. Now a fact (and cost) of doing business in the hospitality...more
This article discusses two new disclosures that must be included in certain real estate contracts and leases. The disclosures pertain to Accessibility Compliance and Energy Consumption, and affect the required contents of...more
Beginning July 1, 2013, California commercial leases and rental agreements must include a disclosure regarding whether the property being leased has been inspected by a Certified Access Specialist (CASp) and, if a CASp...more
This year, July 1 marks more than just the halfway point of the year. Effective July 1, commercial and nonresidential property owners in California have additional disclosure requirements to contend with courtesy of...more
Commercial lease agreements executed on or after July 1, 2013 must include a provision disclosing whether the premises has been inspected by a Certified Access Specialist and, if so, whether the property has been determined...more
The United States District Court for the Middle District of North Carolina recently dismissed an Americans with Disabilities Act (“ADA”) case filed by Denise Payne, a Florida resident, and National Alliance for Accessibility,...more
Five new lawsuits were recently filed against hotels under the recently-effective pool lift regulation....more
The Fourth Circuit doesn't get into matters of LLC law very often, but it did last week in Painter's Mill Grille, LLC v. Brown. The LLC and its members were suing their landlord for discriminating against them on the basis of...more
As of January 31, 2013, all existing pools located at “public accommodations” must meet ADA standards. This requires the installation of a fixed lift for the pool areas. This short article attempts to answer some of the...more
Just saw two new lawsuits filed against hotels under the recently-effective pool lift regulation. Both lawsuits were filed on May 20—one in federal court in Minneapolis against a national hotel chain and the second, a...more
In September 2012, the California State Legislature enacted SB 1186 in an effort to cut back on opportunistic litigation and encourage compliance with disability access laws. The new law imposes additional notice, procedural...more
Two new landlord disclosure requirements become effective in California on July 1, 2013. One requires that all new commercial leases state whether the property has been inspected for disability access—and if so, the results....more
As of July 1, 2013, California Civil Code §1938 will require all commercial leases to state whether the premises have been inspected by a “Certified Access Specialist” (“CASp”) and, if so, whether the premises has or has not...more
A recent statute and set of regulations will shortly begin to impose new disclosure requirements on commercial landlords, property sellers, and borrowers in California for leases, purchases, and financings entered into on or...more
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