We are excited to announce that, to better serve our clients having a website that must be in compliance with the Americans with Disabilities Act, we have established a separate consultancy, ADA Compliance LLC, together with two Stanford University computer engineers. The goal of ADA Compliance LLC is to shield our clients from legal liability under the ADA.
ADA Compliance LLC is uniquely positioned to provide the optimal compliance solutions to mitigate the risk of expensive ADA website lawsuits.
Websites & the Americans with Disabilities Act Law
The Americans with Disabilities Act (ADA) is a federal law enacted “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” 42 U.S.C. § 12101(b)(1). Congress enacted the ADA in 1990 to remedy widespread discrimination against disabled individuals. Beginning in 2015, there has been a cascade of litigation concerning access to the internet by visually impaired individuals.
In August 2017, Senior United States Southern District of Manhattan Judge Jack B. Weinstein issued a decision that held that a visually impaired plaintiff properly stated a claim under the ADA because websites qualified as “places of public accommodation” under the federal ADA statute. Soon thereafter, the federal courts in New York have been deluged with putative class action lawsuits on behalf of the visually impaired under the ADA.
The nature of the legal claims in these types of is that the defendant’s website is not fully accessible to, and independently usably by, visually impaired people in violation of Title III of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12181 et seq.
Under the ADA, a “failure to take such steps as may be necessary to ensure that no individual with a disability is excluded” from the “full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of” the website violates the law. 42 U.S.C. § 112181.
In 2017, over 1,000 putative class action cases were filed by visually impaired persons against companies that have an online presence that include the sale of goods and services to the public as part of the website. According to our research, in New York federal courts alone, approximately 50 ADA website lawsuits are being filed on a weekly basis.
It is also my great pleasure to share with you some exciting developments at Levin-Epstein & Associates, P.C. in Q3 of 2018.
The firm’s litigation achievements include:
• Judgment Enforcement. Following the obtainment of a default judgment, the firm swept the accounts of a judgment debtor that netted hundreds of thousands of dollars.
• Fair Labor Standard Act/Wage-and-Hour. Following motion practice, the firm obtained settlements for defendants in several wage and hour actions.
• Bankruptcy Litigation. The firm obtained an affirmative recovery in the amount of over $1M for a creditor in an adversary proceeding.
• Contingency Litigation. The firm obtained a favorable settlement in New York State Supreme Court for the plaintiff in the enforcement of a guaranty made in connection with a commercial lease.
The firm’s corporate achievements include:
• Commercial Lease. The firm negotiated a commercial lease for a coffee company in the Flatiron district in New York City.
• General Counsel. The firm was able to monetize two agreements that the firm has drafted on behalf of firm clients through the invocation of the artfully drafted “prevailing party” clauses contained in the arbitration clause to obtain a fast and favorable settlement on behalf of the clients.
I hope that you continue to refer clients to us and continue to be part of our success. You know us, you know our experience, and you know the quality of our work. We would be most grateful to be retained in these areas, among others:
• Litigation before trial or appellate courts or administrative bodies, especially matters involving real estate, partnership disputes, and creditors' rights;
• Litigation avoidance - the crucial effort to negotiate agreements to resolve disputes before they cross the threshold of the courthouse;
• Domestic and international arbitration and mediations;
• Bankruptcy litigation and creditors' rights work, including avoidance actions, preference actions, discharge and dischargeability actions;
• Employment litigation in all aspects of employment law, including issues involving restrictive covenants and trade secrets, wage-and-hour issues, Fair Labor Standards Act issues, and breach of contract issues;
• Business divorce litigation, including contested stock valuations, derivative actions and other disputes between owners of closely held business corporations;
• Counseling and strategic planning that defy easy categorization, requiring a deep understanding of the pertinent legal issues and also of the business (and sometimes personal) considerations that must be taken into account to reach a favorable outcome;
• Litigation and compliance solutions concerning violations under the ADA;
• Representing investors, restauranteurs, restaurant management companies, and chefs in New York City's hospitality sector.
