Title III

News & Analysis as of

The Next Frontier in ADA Litigation: Website and App Access for the Disabled

For the last several years, consumers have increasingly turned to online shopping as an alternative to traditional "brick and mortar" stores. Some reports showed that "Cyber Monday" sales figures beat out those for "Black...more

Emotional Support Animals: Access or No Access to Public Accommodations?

A recent article in The New Yorker (“PETS ALLOWED: Why are so many animals now in places where they shouldn’t be?” October 20, 2014) highlights the disconnect between perception and reality when businesses must deal with...more

Disability Access Litigation on the Rise

In an article published recently in The Wall Street Journal (“Disability Lawsuits Against Small Businesses Soar,” October 15, 2014), staff writer Angus Loten reported that accessibility lawsuits brought under the Americans...more

Accessibility 2.0 – is your company’s website accessible to disabled individuals? 5 practical steps toward compliance

A series of lawsuits over the past few years has made it clear that accessibility under Title III of the Americans with Disabilities Act (ADA) and the Unruh Civil Rights Act, an analogous California statute, includes website...more

SEC’s Crowdfunding Rule Proposal Turns One Year-Old - But Still Not Final

States, issuers and investors find different crowdfunding methods for raising capital while waiting for the SEC - On October 23, 2013, the U.S. Securities and Exchange Commission staff proposed a 500+ page set of rules...more

Are Websites Places of Public Accommodation?

By now, most lawyers are aware that Title III of the ADA applies to activities of an entity whose operations "affect commerce" and is a "place of public accommodation" as defined by statute. 42 U.S.C. § 12181(7)(A)-(L)....more

Court Rejects Hospital’s ADA Argument That Proves Too Much

Dr. Robinson is an obstetrician at St. Francis Hospital. A diabetic, he underwent surgery for a broken foot and can’t always remain standing throughout deliveries. So he uses a rolling stool and practices from a seated...more

500 Days and Counting – Where Are the Crowdfunding Rules? Bipartisan Disappointment

On August 8, 2014, Representatives Darrell Issa, Jared Polis, Scott Peters and Vern Buchanan, co-chairs of the House Innovation and Entrepreneurship Caucus, along with a bipartisan group of 26 other representatives, sent a...more

The ADA and Private Professional Certification

Title III of the Americans with Disabilities Act (ADA), as amended, mandates that private entities offering examinations or courses related to certain applications, licensing, certification, or credentialing ensure that such...more

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

JOBS Act Quick Start - A brief overview of the JOBS Act - 2014 Update

In This Issue: - Introduction - The IPO on-ramp - The IPO Process - Applying Title I to other transactions - Private offerings - Crowdfunding - Regulation A+ - Exchange...more

Hearing on Proposed JOBS Act Related Bills

On May 1st, the House Financial Services Committee will hold a hearing on various proposed bills related to the JOBS Act. One of the bills addresses the crowdfunding framework and would have the effect of striking Title III...more

Take 5 Newsletter: Five Hot Topics in Hospitality Law

ACA Final Regulations Provide Rules for Seasonal Employees - On February 10, 2014, the Internal Revenue Service ("IRS") promulgated final regulations for the ACA's employer "shared responsibility provisions" in IRS...more

Banks Previously Sued in Title III ADA Class Action Lawsuits Now Getting Sued Again in Second Wave of Accessibility Lawsuits

A Pittsburgh-based law firm, which has filed more than 100 class action lawsuits under Title III of the Americans with Disability Act (ADA) in federal district courts throughout the United States against banks on behalf of a...more

Failure to provide an Ounce of ADA Compliance is worth a Pounding by the DOJ - What you can learn from the DOJ's settlement...

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 Year End Look at the JOBS Act

2013 has proven to be a strong year for IPOs. According to a recent PWC study, total IPO volume for 2013, as of December 17, reached 237 public company debuts, which is an increase over 2012. The overwhelming majority of...more

Securities and Exchange Commission Proposes Rules on Crowdfunding

Introduction - On October 23, 2013, the Securities and Exchange Commission (SEC) voted unanimously to propose rules to permit U.S. companies to offer and sell securities through crowdfunding in an effort to implement...more

SEC Proposes "Crowdfunding" Rules

On October 23, 2013, the SEC approved proposed rules enacting the crowdfunding exemption (Section 4(a)(6) of the Securities Act of 1933) created by Congress in Title III of the JOBS Act, permitting non-public companies to...more

Better Late than Never…SEC Proposes Rules for Equity-Based Crowdfunding

Crowdfunding and the JOBS Act - "Crowdfunding" is a term commonly used to describe a method of raising money through the Internet. While crowdfunding can be used to raise funds for many things, it has long been...more

REGULATION CROWDFUNDING: Proposed Rules by the SEC to give effect to the Crowdfunding Provisions of Title III under the JOBS Act:...

The Securities and Exchange Commission (SEC), on October 23, 2013, released its long-awaited proposed rules, Regulation Crowdfunding[i], to implement the crowdfunding provisions of Title III of the Jumpstart our Business...more

Small Business Securities Bulletin: By Popular Demand - SEC Proposes Crowdfunding Rules

By way of background, pursuant to Section 5 of the Securities Act of 1933 (Securities Act) and state securities laws, any offer and sale of a security must be registered with the Securities and Exchange Commission (SEC) and...more

SEC Issues Proposal on Crowdfunding

On October 23, The Securities and Exchange Commission voted to propose rules under the JOBS Act to permit companies to offer and sell securities through crowdfunding. Crowdfunding describes an evolving method of raising...more

Securities and Exchange Commission Proposes Regulations Authorizing the Use of Crowdfunding in Equity Offerings

On October 23, 2013, the Securities and Exchange Commission (the “Commission”) issued proposed regulations to implement Title III of the Jumpstart Our Business Startups Act (the “JOBS Act”). Regulation Crowdfunding would...more

Crowdfunding Moves Forward: The SEC Issues Proposed Rules on Crowdfunding

On October 24, 2013, in accordance with Title III of the Jumpstart Our Business Startups Act (the “JOBS Act”), the Securities and Exchange Commission (the “SEC”) issued a press release and published long-awaited proposed...more

REGULATION CROWDFUNDING: Proposed Rules by the SEC to give effect to the Crowdfunding Provisions of Title III under the JOBS Act.

PART I: Issuer, Purchaser and Offering Requirements and Limitations; Issuer Disclosure Obligations; Advertising and Promoting the Offering; Safe Harbor for Insignificant Deviations - The Securities and Exchange...more

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