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Does the Auxiliary Aids Standard Apply To Websites?
After years of demand letters, complaints and settlements, a website accessibility lawsuit under Title III of the Americans with Disabilities Act, 42 U.S.C. §§12181-12189 (ADA or Title III), finally went to trial in the United States District Court for the Southern District of Florida. See, Gil v. Winn-Dixie Stores, Inc., Case No. 1:16-cv-23020-RNS (S.D. Fla. June 12, 2017). At the conclusion of the two-day court trial conducted in mid-June, the district court entered judgment against Winn-Dixie Stores, the website's owner and operator, requiring Winn-Dixie to, among other things, ensure that its website complies with the World Wide Web Consortium's Website Content Accessibility Guidelines, version 2.0 (WCAG 2.0). The case is remarkable not just because it is the first of its kind to go to trial, but also because the court's opinion does not consider whether a website owner can employ alternatives other than WCAG 2.0 to make website content “accessible.”
The ADA, the Auxiliary Aids Standard and Websites
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.