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Must Retailer's Web Site Be Accessible to the Disabled?
In September 2006, the United States Court of Appeals for the Ninth Circuit held that a retailer with physical store locations may be sued under the Americans with Disabilities Act ('ADA'), the Unrue Civil Rights Act (Cal. Civ. Code ' 51(b)) and the California Disabled Persons Act (Cal. Civ. Code ' 54.1(a)(1)), if its Web site is not accessible to the blind. Nat'l Fed'n of the Blind v. Target Corp., 452 F. Supp. 2d 946 (9th Cir. 2006). Although the ADA does not impose an affirmative duty on companies to make Web sites accessible to the disabled, the Target decision may represent the tip of a looming iceberg. Companies ' particularly retailers with physical store locations ' that maintain a Web site to enhance the 'full and equal enjoyment of goods and services' offered in physical stores should consider revamping those sites to make them accessible not just to the visually impaired, but also potentially to those who are hearing impaired, learning impaired, or who have limited mobility.
As described below, pure on-line retailers, companies that maintain business-to-business or less public-facing Web sites, as well as companies that communicate with employees through an 'intranet,' also should take notice of and monitor this potential litigation trend. For many organizations, an initial challenge is simply determining who should have accountability for monitoring and evaluating these issues, particularly for organizations that lack a formal compliance oversight function. The risks currently in focus for employers may not cleanly fit within the responsibilities of in-house employment counsel or Human Resources, but the ADA and the Unrue Civil Rights Act are statutes that impact the workplace and, as discussed below, the arguments for Web site accessibility raised in the Target case are important to consider with regard to employees and applicants, particularly for companies that rely on electronic communications and internal and external Web sites to communicate with employees and applicants.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.