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SCOTUS keeps issue of “tester” standing alive, dismissing ADA website appeal as moot

On December 5, 2023, the Supreme Court of the United States in Acheson Hotels, LLC v. Laufer, declined to substantively address a question businesses across the country have been eager to resolve: That is, whether a “tester”...more

The Supreme Court Keeps Issue of “Tester” Standing Alive, Dismissing ADA Website Appeal as Moot

On December 5, 2023, the Supreme Court of the United States in Acheson Hotels, LLC v. Laufer, declined to substantively address a question businesses across the country have been eager to resolve: That is, whether a “tester”...more

DOJ Releases Long Awaited Notice Of Proposed Rulemaking Seeking To Increase Accessibility Of Websites And Mobile Applications Of...

On August 4, 2023, the U.S. Department of Justice (“DOJ”) released its highly anticipated proposed changes to the regulations implementing Title II of the Americans with Disabilities Act (“ADA”). Title II prohibits state and...more

Fourth Circuit Holds That Website Tester Has Standing

The United States Court of Appeals for the Fourth Circuit ruled that a disabled Florida resident has standing to sue a Maryland hotel under the Americans with Disabilities Act (“ADA”), despite that Florida resident (the ...more

Proposed Title IX Amendments Protect LGBTQ+ Students

Summary - On June 23, 2022, the 50th anniversary of Title IX, the U.S. Department of Education released its proposed changes to Title IX regulations, which codify protections for LGBTQ+ students from discrimination based...more

Depository institutions beware: California appellate court holds bank liable for registered agent’s mistake in rejecting notice of...

A California Court of Appeal recently found a bank liable to a judgment creditor under California’s Enforcement of Judgments Law for the bank’s registered agent’s mistake in misreading, and subsequently rejecting, a notice of...more

DOE to Hold Public Hearings on Trump-Era Title IX Rules & Protections for LGBTQ+ Individuals in Schools

Summary - The Department of Education (DOE) will hold five days of virtual public hearings on Title IX enforcement starting on June 7. This comes as part of the DOE’s comprehensive review of its Title IX regulations in...more

Proposed ‘Online Accessibility Act’ Aims to Resolve Uncertainty Surrounding ADA Website Litigation

Lawsuits and demand letters relating to the accessibility of websites continue to be filed at a rapid pace in 2020, especially as the COVID-19 pandemic has increased consumer reliance on the internet for purchases of goods...more

Highly Anticipated Title IX Final Rules Released, Signaling New Era for Title IX Compliance

The Department of Education released the much-anticipated final rules (Rules) governing Title IX compliance in elementary, secondary, and post-secondary education institutions that receive federal financial assistance...more

Ninth Circuit: Domino's Website Required to Comply With ADA

Litigation surrounding the accessibility of online services continues to evolve. On January 15, 2019, the U.S. Court of Appeals for the Ninth Circuit ruled that the website and mobile app of Domino's Pizza must comply with...more

What Remedy for Transgender Students if HHS Succeeds in Narrowly Redefining Gender Under Title IX?

The U.S. Department of Health and Human Services (HHS) recently revealed the agency's proposal to narrow the legal definition of sex under Title IX, the federal civil rights law that bans discrimination based on sex in...more

A New Wave of Website Accessibility Litigation: Employers Beware

Employers across the country continue to face potential litigation over the accessibility of their websites to individuals with disabilities. The increase in website accessibility litigation under the Americans with...more

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