News & Analysis as of

Website Owner Liability

ADA Website Accessibility Lawsuits on the Rise: Companies Should Review Their Potential Exposure

by Blank Rome LLP on

With the recent spike in website accessibility lawsuits, companies should review their websites for compliance with the Americans with Disabilities Act (“ADA”) in order to avoid litigation and should consider taking steps to...more

Congress Enacts Law Creating a Sex Trafficking Exception From the Immunity Provided by Section 230 of the Communications Decency...

by WilmerHale on

On Wednesday, April 11, the President signed into law the Allow States and Victims to Fight Online Sex Trafficking Act of 2017, also known as “FOSTA.” FOSTA aims to address congressional concerns that certain online service...more

FOSTA Signed into Law, Amends CDA Section 230 to Allow Enforcement against Online Providers for Knowingly Facilitating Sex...

Today, the President signed H.R. 1865, the “Allow States and Victims to Fight Online Sex Trafficking Act of 2017” (commonly known as “FOSTA”). The law is intended to limit the immunity provided under Section 230 of the...more

Beyond Title III: Website Accessibility Lawsuits Filed Alleging Inaccessible Online Employment Applications

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Plaintiffs who pursued numerous web accessibility actions under Title III of the ADA are now using website accessibility to test the limits of a different area of law – employment law – California’s Fair...more

Can CA Hold Weedmaps Accountable for Unlicensed Cannabis Advertisements?

Have you heard of the “Yelp” of cannabis? If not, here it is: Weedmaps. Weedmaps is a consumer-facing digital platform that allows businesses—including those without a license to conduct cannabis business—to advertise...more

WHOIS that infringer?

by Thompson Coburn LLP on

When a website infringed your trademark or copyright, or otherwise violated your rights, the first place you likely went was to the WHOIS database, to find out who owned and operated that website. That database has been a...more

Dietary Supplement & Cosmetics Legal Bulletin | April 2018

Senate Committee Proposes Cosmetics Regulation Amendment - The Senate Committee on Health has released a discussion draft of a proposed amendment to the Federal Food, Drug and Cosmetic Act (FDCA) that would establish...more

Is Your Online Job Application Accessible To The Visually Impaired? The Newest Website Accessibility Claims

In recent years, businesses have been inundated with a wave of serial litigation wherein private plaintiffs have argued that websites that are insufficiently compatible with screen reading software are in violation of Title...more

Communications Decency Act in Flux on the Hill, Remains Solid in Court

by Ballard Spahr LLP on

As Congress considers repealing a certain type of statutory immunity for web hosts, a federal appeals court handed Google a victory under the same law. The timing of these events may portend an uncertain future of the...more

Congress Passes The Allow States And Victims To Fight Online Sex Trafficking Act Of 2017

by Ifrah PLLC on

As of March 21, 2018, both chambers of Congress have approved H.R. 1865—the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (FOSTA). In a rare show of bipartisanship, both Houses approved the bill with...more

No Relief in Sight from Website Accessibility Lawsuits

by Goulston & Storrs PC on

In February 2017, we reported on a surge in website accessibility lawsuits brought under the Americans with Disabilities Act (“ADA”). This litigation trend has accelerated over the past year and shows no signs of slowing...more

ADA Suit Against 1-800-Flowers.com Blooms

Demonstrating the minefield facing online retailers, the U.S. District Court, District of Massachusetts refused to dismiss an Americans with Disabilities Act (ADA) accessibility suit filed against 1-800-Flowers.com....more

Communications Decency Act Protects Website Operators from Liability Despite Blogger Content Policy

by Wilson Elser on

In affirming the grant of Google’s Motion to Dismiss for failing to remove a blog post, on February 23, 2018, the D.C. Circuit Court concluded that the Communications Decency Act (CDA) immunizes website operators from...more

Russia: Main Takeaways from Roskomnadzor’s Open Doors Day

by Hogan Lovells on

Recently, the Russian Data Privacy Authority (Roskomnadzor) organized an Open Doors Day in honor of the International Data Privacy Day....more

Trending: Website Accessibility Lawsuits Under The ADA

by Cole Schotz on

Since the Americans with Disabilities Act–often referred to as the ADA—was passed by Congress in 1990, lawsuits under the Act have been quite common. These lawsuits, until recently, have focused on physical or architectural...more

ADA Title III Lawsuits Increase by 16% Percent in 2017 Due Largely to Website Access Lawsuits; Physical Accessibility Legislative...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The number of federal ADA Title III lawsuits continue to surge in 2017, fueled largely by website accessibility claims; while legislative reform efforts continue to mitigate the physical accessibility...more

Consent Decree in BarBri Case Includes Compliance With WCAG Standards for Digital Content

by Ballard Spahr LLP on

BarBri, Inc., a provider of review courses and materials for law school graduates preparing for the bar exam, earlier this month entered into a consent decree to resolve claims that its online and app-based content was not...more

Website Accessibility Cases Proceed Despite Absence of Regulations

by Akerman LLP - HR Defense on

Recent trends indicate that ’tis always the season for web accessibility litigation, so with the new year, you should take a new look at your website. Businesses around the country, and especially in Florida, are discovering...more

Labor & Employment Newsletter - January 2018

by Hinshaw & Culbertson LLP on

Website accessibility lawsuits continue to increase nationwide. Nearly every business sector has faced such lawsuits. In 2017, Florida ranked first in the number of website accessibility suits filed in federal court. Because...more

Collecting Information From Children

by Bryan Cave on

The United States has relatively few restrictions on collecting information from children off-line. Efforts to collect information from children over the internet, however, are regulated by the Children’s Online Privacy...more

Is Your Company Website Sufficiently Accessible to the Disabled?

by Nossaman LLP on

ADA Title III Litigation Continues to Increase - Over the last two years, there have been an increasing number of lawsuits filed over the alleged failure of websites to accommodate persons with disabilities. According to a...more

A New Year for Online Businesses: DOJ Ends 2017 by Withdrawing Website Accessibility Rulemaking

by Bryan Cave on

2017 was a busy year for retailers and businesses with an online presence, as they faced a wave of demand letters and lawsuits alleging that their websites are inaccessible to the visually impaired and/or hearing impaired in...more

Reminder: Re-Register Your DMCA Agent Designations Before End of Year or Risk Losing Safe Harbor Protections!

by Bracewell LLP on

U.S. Copyright Office Goes Paperless for DMCA registered agents; All paper registrations invalid as of December 31, 2017. As you’re making your end of year lists and checking them twice, better make sure you’ve registered...more

2017 Website Accessibility Lawsuit Recap: A Tough Year for Businesses

by Seyfarth Shaw LLP on

Seyfarth Synopsis: 2017 saw an unprecedented number of website accessibility lawsuits filed in federal and state courts, and few courts willing to grant early motions to dismiss....more

DOJ Nixes All Pending ADA Rulemakings, Including Website Access Rules

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Justice Department withdraws pending rulemakings for accessible websites, furniture and non-fixed equipment.The current Department of Justice’s (DOJ) regulatory approach to Title III of the ADA is yet...more

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