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Video Game Software Industry Seeks a Final Disabilities Access Waiver Extension

by Kelley Drye & Warren LLP on

The Federal Communications Commission (“Commission” or “FCC”) recently released a Public Notice seeking comment on a petition filed by the Entertainment Software Association (“ESA”) seeking a one year final extension of its...more

California Grocer: The “Wild West” of ADA Website Litigation.

by Downey Brand LLP on

Much of this increase has been driven by litigation focused on the accessibility of websites. Meanwhile, grocers have become more dependent on e-commerce and have adopted technology allowing customers to order groceries and...more

When the floodgates open, expect water at your doorstep

by FordHarrison on

About a month ago, my colleague Kristin Gray wrote about the breaking Harvey Weinstein scandal and best practices for employers to prevent harassment and discrimination from invading the workplace. And while I have no...more

Alert: When Will Video Game Software Need to Meet FCC Accessibility Requirements?

by Cooley LLP on

Since 2010, equipment and technology that allow consumers to communicate with each other using "advanced communications services" (ACS) has been required to provide access for consumers with disabilities. For video games,...more

Time to Revisit Morals Clauses

by Kelley Drye & Warren LLP on

Over the past few months, we’ve witnessed a steady stream of sexual harassment scandals in Hollywood. Many companies are taking proactive approaches and cutting ties with the men who have been accused of wrongdoing. Our...more

Federal Court Applies Charitable Organization Exemption in Telephone Consumer Protection Act Case

by Jones Day on

The Situation: A federal court recently weighed in on some of the considerations involved in applying the Telephone Consumer Protection Act's ("TCPA") exemption for charities and the third-party services that conduct...more

Employment Law - October 2017

Employer Bound by Oral Contract, California Appellate Court Affirms - Why it matters - Upholding an oral contract, the California Court of Appeal agreed with an employee that she should be paid a commission for certain...more

Federal Court Finds Telephonic Access Could Be an Alternative to Website Accessibility

A federal district court in Los Angeles last week endorsed the possibility that a business may be able to avoid making a website accessible if it provides the same goods and services through telephonic customer service. The...more

Telephone Access Might Be Valid Alternative to Accessible Website, But Court Needs More

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In denying Dave & Buster’s motion to dismiss and for summary judgment, a federal judge said that telephonic access might be an alternative to having an accessible website, but cannot decide until the...more

When 2017 Becomes 1984: Facial Recognition Technologies - Face a Growing Legal Landscape

by Patrick Law Group, LLC on

Recently, Stanford University professor and researcher Michal Kosinski caused a stir of epic proportions and conjured up visions of George Orwell’s 1984 in the artificial intelligence (AI) community. Kosinski posited that...more

Another Court Finds That Accessibility Rules Apply to Retail Websites

Last month we told you that a court in Florida had ordered the Winn-Dixie supermarket chain to make its websites accessible to persons with vision impairments by following the Web Content Accessibility Guidelines 2.0...more

Equal Access in the Digital Age: OCR Ramps Up Investigations into Website Accessibility

by Shipman & Goodwin LLP on

Consider the fact that we now live in a digital age, with limitless information at our fingertips, accessible (to many of us) with a few keystrokes or a simple voice command into our now ubiquitous cell phones. Now consider...more

What Businesses Should Know About Website Accessibility Lawsuits Under The ADA

by Fox Rothschild LLP on

Serial plaintiffs are suing businesses in alarming numbers alleging that websites and/or mobile applications are not accessible to persons with disabilities. This checklist reviews compliance obligations and the potential...more

Uncertainty Increases After DOJ Drops ADA Regulations

Uncertainty for online retailers increased after the Department of Justice (DOJ) pressed pause on its plans to issue regulations under Title III of the Americans with Disabilities Act (ADA)....more

Employment News - September 2017

by Hogan Lovells on

Don’t look now – European Court decides monitoring employee's email account did breach privacy right - In Barbulescu v Romania the Grand Chamber of the European Court of Human Rights has decided that an employee's right to...more

ECHR Ruling: Dismissal Based on Monitoring of Employee’s Communications Illegal

by Bryan Cave on

Be aware! Today’s decision of the European Court of Human Rights (“ECHR”) may force companies to rethink their policies on private internet use of their employees at work (No. 61496/08). The Straßburg court held a...more

Recent Verdict Strengthens the Growing Need for Websites to Increase Accessibility to Disabled Individuals

by Garvey Schubert Barer on

A recent case in federal district court in Florida foreshadows the beginning of an expanded reach of Title III of the Americans with Disabilities Act (ADA). As a whole, the Act prohibits discrimination on the basis of...more

Retail and Consumer Products Law Roundup - August 2017

Data Breach Lawsuits Continue to Fill the Courts - Data breach litigation continues to fill the courts in all stages, with a new class action filed against Tempur Sealy International and the dismissal of a suit against...more

Think Accessibility When Designing Your Webpage and Apps

On June 13, 2017, Judge Robert N. Scola Jr. of the United States District Court for the Southern District of Florida ordered Winn-Dixie Stores, Inc. to make its website accessible by persons with disabilities, including those...more

The Next Frontier In ADA Title III Litigation Has Arrived In South Florida

by Fox Rothschild LLP on

Back in the Spring, I posted about the next frontier in ADA Title III litigation (web site accessibility). Since those posts, the next frontier has shown up, with a vengeance, in the Southern District of Florida. This...more

Website Accessibility Lawsuit Filings Still Going Strong

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The number of federal lawsuits alleging inaccessible websites continues to increase, along with the number of law firms filing them. Businesses remain well-advised to seek advice from counsel experienced...more

President Trump’s DOJ Takes Website Accessibility Regulations off the Table

As those interested in website accessibility regulations under Title III of the Americans with Disabilities Act (“ADA”) know, the Department of Justice announced in May 2016 that it would issue a rule governing website...more

Disabling Code: Franchisors Should Ensure Digital Properties Are Accessible

by Lewitt Hackman on

Are we still in the dawn of the digital age, or have we moved on to mid-morning yet? Only time, and your company's web site and applications, will tell. Unfortunately, when it comes to website accessibility, it is still...more

New York Federal Courts Allow ADA Website Accessibility Claims to Continue

by Ballard Spahr LLP on

Two federal courts in New York recently joined the growing list of those finding that Title III of the Americans with Disabilities Act (ADA) does apply to websites. Both courts denied motions to dismiss by businesses that had...more

Food and Beverage Law Update: August 2017

by Holland & Knight LLP on

Wage and Hour - Tenth Circuit Aligns with Cumbie on Tip Credits - In Marlow v. New Food Guy, Inc., No. 16-1134, 861 F. 3d 1157 (10th Cir. June 30, 2017), the court affirmed the district court's ruling, consistent with...more

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