Action Required by California Commercial Landlords: New California Law Goes Into Effect July 1, 2013, Requiring Accessibility Disclosures in Commercial Leases
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
Earlier this week, on April 29, 2013, a man with hearing impairments filed suit against Bed Bath & Beyond alleging that it failed to provide captioning or a transcript for the product promotional video on display in its Los...more
In December, 2011, the Office of Contract Compliance Programs (OFCCP) caused much consternation among the federal contracting community by publishing proposed changes to the affirmative action and nondiscrimination...more
In light of a recent Bureau of Labor Statistics (BLS) report, employers should review their internal policies regarding flexible work arrangements in order to recruit and retain qualified employees with disabilities. The BLS...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
In the fall of 2012, California Governor Jerry Brown signed Senate Bill 1186 (SB 1186). Among other things, SB 1186 reforms California’s disability access laws by: (1) banning pre-lawsuit letters from lawyers demanding money;...more
On July, 1, 2013, Civil Code Section 1938 goes into effect and requires commercial leases executed on and after such date to disclose whether the premises being leased have been inspected by a Certified Access Specialist, and...more
In Jankey v. Lee, 2012 DJDAR 16809 (2012), the California Supreme Court decided an interesting attorney fee case involving a claim for attorney fees by a defendant who was successful in defending against a claim of disability...more
Les Jankey v. Song Koo Lee California Supreme Court (December 17, 2012) The Supreme Court upheld an award of attorney fees in favor of a defendant in a disability access discrimination case pursuant to California...more
California Supreme Court issues more liberal rule for property owner to recover attorney fees after defending accessibility lawsuit. The California Supreme Court has issued a ruling making it easier for a commercial...more
Most business and commercial property owners have had at least one brush with a disability access lawsuit. Because a defendant in these lawsuits must pay a successful plaintiff’s attorneys' fees, the lawsuits are often...more
In National Association for the Deaf v. Netflix, Inc., the U.S. District Court for the District of Massachusetts held that Netflix’s Internet video-streaming service, known as “Watch Instantly,” constitutes a place of public...more
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