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New Settlements Suggest Online Retailers Should Focus on Web Site Accessibility
In the last few months, two major retailers ' Target and Apple ' have entered into settlements with the National Federation of the Blind (“NFB”) over allegations that the retailers' Web sites violated the Americans with Disabilities Act (“ADA”) because they were not accessible to the blind.
Although the retailers disagreed with the NFB about what the ADA required, they agreed to make changes to improve the accessibility of their sites. By entering into these settlements, Target and Apple joined a growing list of companies that have entered into similar settlements and agreed to make similar changes to their own sites. Although the legal requirements in this area are still unclear, a close look at these settlements and the steps leading to them can teach online retailers a thing or two.
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.
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.