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On Global Accessibility Awareness Day, DOJ Releases Agenda Indicating Progress in 2016; Omits Title III

This morning, on Global Accessibility Awareness Day, DOJ participated by issuing its Spring 2016 unified agenda, including upcoming regulatory actions on web accessibility and movie captioning. AA65: State and Local...more

Facebook’s “Trending” Section and Human Resources Analytics

According to a recent New York Times article, “Facebook scrambled on Monday to respond to a new and startling line of attack: accusations of political bias.” Slate followed with a report that the online social networking...more

OCR Investigating Accessibility of State and Local Government Websites

The U.S. Department of Education’s Office for Civil Rights (OCR) has reportedly opened as many as 350 recent nationwide complaint investigations into whether educational agencies’ websites are accessible to individuals with...more

Is everyone’s website illegal?

Your website consists of visible text and graphics, geared to the sighted reader. Its terms and conditions include legal disclaimers and limitations of liability, which, it explains, apply unless they are specifically...more

Web Reg “Do Over?”: DOJ Withdraws Title II Notice of Proposed Rulemaking, Issues Supplemental Advanced Notice Seeking Further...

Seyfarth Synopsis: Public entities and private businesses have been waiting for years – since 2010 – for the Department of Justice to issue regulations setting a standard for website accessibility. The DOJ has announced that...more

Netflix Agrees To Add Audio Description to Many of Its Shows and DVD Rentals

Seyfarth Synopsis:  In what has been deemed the first of its kind, Netflix has entered into an agreement with the American Council of the Blind, the Massachusetts-based Bay State Council of the Blind, and a blind individual,...more

Employment Law Navigator – Week in Review: April 2016 #4

Late last week, Uber announced it had reached a settlement with California and Massachusetts drivers over their classification as independent contractors. The settlement calls for drivers to remain independent contractors,...more

Why a Recent Ruling on Disability Access Serves as a Warning to All Businesses Operating Public Websites

Any business operating a website for use by customers or other members of the public should take heed of a recent California decision that found a retailer liable for violations of federal and state disability access laws...more

California Court Rules That Retailer Must Make Its Website Accessible For Users With Visual Disabilities Under the ADA

In a significant decision for all businesses that maintain an online presence, a California court recently ruled that a luggage retailer violated the Americans with Disabilities Act (“ADA”) and California state law by failing...more

Employment Law Navigator – Week in Review: April 2016 #2

That is SO last week - A couple of months ago, ride sharing app Lyft announced it had reached a settlement with drivers that would keep them classified as independent contractors, but pay them more than $12 million to...more

California Ruling On Website Accessibility Under The ADA May Lead To More Litigation

A recent decision out of a California superior court (Davis v. BMI/BND Travelware) ruled that a website operator was liable to a visually-impaired plaintiff for operating a website that was not accessible under the Americans...more

Reminder: FCC Accessibility Reporting Requirements Due April 1

The deadline applies to all service providers and equipment manufacturers subject to section 255, 716, or 718 of the Communications Act. Service providers and equipment manufacturers subject to section 255, 716, or 718...more

Annual Accessibility Recordkeeping and Contact Information Update Due April 1 at the FCC

By no later than April 1, 2016, entities providing telecommunications (now including broadband Internet access service), VoIP, advanced communications services (email, text), or mobile phone Internet browsers must certify to...more

OCR New Guidance Aims to Help Medical Mobile App Developers Predict when HIPAA Obligations Might Apply

Predicting whether the activities of a mobile health application developer trigger legal obligations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) presents some new challenges – not surprising...more

Regulatory Update: Movie Captioning and Audio Description Regulations in the Final Stages of Review

As we reported in July of 2014, the DOJ is working on final regulations that would require movie theatres with digital screens to show movies with closed captioning and audio description....more

Top 5 Legal Considerations for FinTech Advertising

The growth and expansion of FinTech service providers nationally and internationally over the last five years is reshaping the financial landscape. This evolution includes differentiation in how financial products are...more

ADA Litigation Over Website Accessibility Is Exploding

Today, it is nearly unthinkable to run a successful business without a website. While companies focus on the appearance, functionality and usability of their sites, they often inadvertently overlook how well the website...more

Advertising Law - January 2016 #2

Uber Drives Settlement With NY AG Over Data Breach, Privacy Violations - In a pair of settlements, ride-sharing company Uber agreed to pay a $20,000 fine for failing to report a data breach in a timely manner as required...more

Going Mobile With Recruiting

As employers search for the right workers and workers search for the right jobs, it’s worth considering the techniques of the industry that has the most mobile workforce and has the toughest time finding workers – trucking. ...more

Employment Law Update: Is My Company's Website Accessible?

Many of your clients or customers would answer, “Of course. I open Chrome or Internet Explorer, type in the address, and there I am, ready to log-in and shop, pay my bill, or schedule an appointment.” For many others,...more

Is Your Website Subject to the ADA?

Client Alert: Demand Letters for "Lack of Compliance" - Businesses that use websites (virtually everyone) are now receiving, with increasing frequency, demands related to compliance with the Americans with Disabilities...more

Big Data, Big Deal

The FTC rang in the New Year with a report, Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues. The report wrestles with the implications of using big data analytics to target and make decisions about...more

Nine U.S. Senators Urge Obama Administration to Issue Title III Website Regulations ASAP

In late December, nine Democratic senators (Edward J. Markey (D-Mass), Elizabeth Warren (D-Mass.), Sherrod Brown (D-Ohio), Cory A. Booker (D-N.J.), Barbara A. Mikulski (D-Md.), Richard Blumenthal (D-Conn.), Benjamin L. Cardin...more

The Times They Are A-Changing: EEOC Task Force Focuses on Evolving Harassment in the Workplace and New Ways to Combat It

The EEOC’s Select Task Force on the Study of Harassment in the Workplace recently held the third in a series of public meetings, a two-part panel aimed at understanding the different and evolving nature of harassment in the...more

Mobile Apps Like Uber and Airbnb Raise Novel ADA Title III Issues

Last week, Buzzfeed reported that the United Spinal Association opposed Uber’s CEO’s nomination for Time Magazine’s Man of the Year award because Uber cars are allegedly not wheelchair accessible. This controversy raises an...more

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