The California Court of Appeals Second Appellate District recently affirmed a trial court’s dismissal of a complaint filed by a visually impaired plaintiff, alleging that a cleaning product company’s retail website was...more
For decades, companies have faced lawsuits for violation of the California Safe Drinking Water and Toxic Enforcement Act, also known as “Prop 65.” Some of these actions are legitimate, while others often bear resemblance to a...more
The U.S. District Court for the Eastern District of New York recently ruled that the Americans With Disabilities Act (ADA) does not apply to websites that maintain no connection to a brick-and-mortar retail location based on...more
On January 8, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed to amend the short-form warning regulations under the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as...more
Recently-signed California legislation SB 1146 immediately modifies the California Code of Civil Procedure on electronic service and remote depositions. Additionally, SB 1146 extends certain civil deadlines for the duration...more
The California Court of Appeals, Fourth Appellate District, recently reversed a lower court ruling against a visually impaired plaintiff who alleged that a credit union’s website was incompatible with screen-reader software....more
7/6/2020
/ Americans with Disabilities Act (ADA) ,
Appeals ,
ATMs ,
Credit Unions ,
Disability Access Claims ,
Disability Discrimination ,
Dismissals ,
Nexus ,
Public Accommodation ,
Reversal ,
Software ,
Unruh Civil Rights Act ,
Websites
COVID-19’s strain on businesses has prompted the federal and state governments to relax certain regulatory standards. Regardless of the pandemic’s increasing momentum in the United States, and in California particularly, the...more
3/27/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
State and Local Government ,
State Attorneys General
Over the last several weeks, a variety of major retailers, restaurant groups, pharmacies and other merchants have been hit with a deluge of putative class action lawsuits alleging violations of the Americans with Disabilities...more
11/15/2019
/ Americans with Disabilities Act (ADA) ,
Article III ,
Brick-and-Mortar Stores ,
Denial of Certiorari ,
Disability Discrimination ,
Disney ,
Gift-Cards ,
Home Depot ,
Internet ,
Kroger ,
Motion to Dismiss ,
NYCHRL ,
NYSHRL ,
Permanent Impairments ,
Public Accommodation ,
Putative Class Actions ,
Regulatory Standards ,
Regulatory Violations ,
Restaurant Industry ,
Retail Market ,
Retailers ,
Victoria Secret ,
Website Accessibility ,
Website Owner Liability ,
Websites ,
Whole Foods
As we have reported previously, the California Consumer Privacy Act (CCPA) will take effect on January 1, 2020. On or before that date, businesses that employ California residents, retain California residents as independent...more
10/29/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Job Applicants ,
Notice Requirements ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
State and Local Government
The U.S. Supreme Court recently declined to review a Ninth Circuit Court of Appeals ruling that held that the Americans With Disabilities Act (ADA) applies to nongovernmental entity websites that have a nexus to their...more
10/18/2019
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Dominos ,
Mobile Apps ,
Petition for Writ of Certiorari ,
Public Accommodation ,
Regulatory Standards ,
SCOTUS ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
On September 13, the final day of its legislative session, the California Legislature approved five amendments to the California Consumer Privacy Act (CCPA), the state’s sweeping new privacy law that takes effect on January...more
9/17/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cooperative Compliance Regime ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Request For Information ,
State and Local Government ,
Third-Party Service Provider
The California Supreme Court recently issued a ruling in White v. Square, Inc. that suggested standing to assert claims against websites for violations of the Unruh Civil Rights Act will be interpreted very broadly. In a case...more
9/11/2019
/ Accessibility Rules ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Article III ,
Disability Discrimination ,
Public Accommodation ,
Standing ,
Title III ,
Unruh Civil Rights Act ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Evolving case law regarding website accessibility under the Americans with Disabilities Act (ADA) and comparable state laws continues to impact companies across the country. In the past, courts have required plaintiffs to...more
8/20/2019
/ Americans with Disabilities Act (ADA) ,
Article III ,
Corporate Counsel ,
Disability Discrimination ,
Dismissals ,
Public Accommodation ,
Regulatory Standards ,
Standing ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Companies, universities and other organizations around the country continue to face an onslaught of lawsuits brought under the Americans with Disabilities Act (ADA) alleging that commercial websites cannot be appropriately...more
6/13/2019
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Kroger ,
Motion to Dismiss ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Any company doing business on the West Coast must be aware of the Americans With Disabilities Act (ADA) and how it applies to their website. Now, following a flurry (if not frenzy) of cases...more
With California enacting a sweeping new data privacy law on June 28, now is the time for companies to review and adjust to how the California Consumer Privacy Act will impact their business. The act, which has broad...more
9/10/2018
/ Amended Legislation ,
California Consumer Privacy Act (CCPA) ,
Civil Monetary Penalty ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Use Policies ,
Disclosure Requirements ,
General Data Protection Regulation (GDPR) ,
Notice Requirements ,
Opt-Outs ,
Personally Identifiable Information ,
Policies and Procedures ,
Privacy Laws ,
Privacy Policy ,
Private Right of Action ,
Right to Delete ,
Supply Chain ,
Vendors ,
Webinars
California enacted a sweeping new data privacy law on June 28, 2018, just one week after it was introduced in the California legislature in part to head off an effort to pass a stricter data privacy law as a ballot measure...more
7/10/2018
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
General Data Protection Regulation (GDPR) ,
New Legislation ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Private Right of Action ,
State and Local Government
On July 20, the Trump administration published its Unified Agenda of Regulatory and Deregulatory Actions, which transferred to an “inactive actions” list the Department of Justice’s (DOJ’s) ongoing project for additional...more
8/2/2017
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Dominos ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Under the Americans with Disabilities Act (ADA), places of public accommodation must ensure equal access to the goods and services they offer to disabled individuals. Is a company website subject to the ADA? The answer to...more
The court’s opinion instructs that employee agreements to arbitrate may be obtained through written acknowledgments referencing company manuals.
Arbitration remains a preferred forum for many employers, yet courts are...more
On November 10, 2014, the U.S. Court of Appeals for the Ninth Circuit continued its recent trend of declining to enforce arbitration clauses after finding that the contracts containing those clauses were never actually formed...more
On September 28, 2014, Governor Jerry Brown of California signed a bill that puts a potentially enormous liability risk on companies that use workers supplied by “labor contractors” that fail to pay all wages due the workers....more
E-commerce forges ahead as many consumers’ preferred way of buying things, and the law is evolving to meet the demands of advancing technology while also accounting for the public’s protection. In the most recent example, the...more
With the New Year comes a slew of California employment regulations that every company conducting business in the Golden State must follow.
Unless otherwise stated, the following Assembly bills (ABs) go into effect...more