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Many businesses have never thought to ask whether their customer-facing websites are accessible to people with disabilities, and only become aware of the issue when they are sent a demand letter or served with a lawsuit alleging that their site violates the Americans with Disabilities Act (ADA). Although an ever-increasing number of such demand letters and lawsuits are cropping up each year, the issue of website accessibility remains entirely foreign to many, perhaps most, business owners.
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The Supreme Court as a whole appears aligned and motivated to review critically federal and state asset forfeiture procedures. In addition, Attorney General Sessions last month restored the federal forfeiture of property seized by state and local law enforcement ("federal adoptions"), but with certain additional safeguards.
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<b><i>Traps for the Unwary or Lifesavers for the Unlucky?</b></i><p>The WARN Act contains several affirmative defenses that provide employers with a complete defense to liability under the statute when a company's exigent condition forces an immediate cessation of operations. This article identifies the key features (including the benefits and drawbacks) of each.
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Patent owners have taken control of the patent reform debate in the 115th Congress, but it's not clear yet who's supposed to be listening.
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There are pitfalls for providers and companies that offer genomic testing. They might include not offering genetic testing if it is indicated, not offering the proper testing, or reporting inaccurate or misleading results. Each of these has the potential to generate a lawsuit, and indeed each of them already has.
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There are a few early signs that the Trump administration will continue to hold companies to the “way of compliance.” But after the first five months of his presidency, there are still questions about where enforcement is heading in specific compliance areas.
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<b><i>Gil v. Winn-Dixie Stores, Inc.</b></i><p>After years of demand letters, complaints and settlements, a website accessibility lawsuit under Title III of the Americans with Disabilities Act finally went to trial. 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."
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Buyers and servicers of "stale," or time-barred, debt have been watching the bankruptcy and appellate courts closely of late, as court after court has ruled on whether a key component of their recovery strategy -- seeking payment related to such time-barred debts by filing proofs of claim in bankruptcy -- violates the Fair Debt Collections Practices Act (FDCPA).
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<b><I>Courts Check Government Attempts to Extend the Statute of Limitations</b></i><p><b><i>Part Two of a Two-Part Article</I></b><p>When the SEC and other government regulatory agencies pursue civil enforcement actions against those accused of financial fraud, they often attempt to recover monetary penalties and fines for periods of time even outside the limitations period. This effort is being met with resistance by the courts. The authors conclude their discussion herein.
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While it remains unclear both when the regulators will invoke their authority to enforce the nearly limitless strict liability provision of the rules and how they will determine the appropriate remedy, the recent settlements and the SEC's handling of exemptive relief petitions may provide some clues.
