Tuesday, July 25, 2017

Why A Recent Federal Decision Involving A Grocery Store Matters to Most Organizations with Websites and Apps




A recent case has organizations all over the U.S. concerned about litigation over website accessibility.

In the first federal decision of its kind, a federal judge in Florida concluded that Winn-Dixie, a regional grocery store chain, was obligated to make its website accessible to a blind man, and that it failed to do so.

As a result, the court awarded the plaintiff his attorneys' fees and ordered the parties to agree on a compliance deadline by the end of this month.

I've written previously about the trend in demand letters and the uncertainty in the law regarding the applicability of the Americans With Disabilities Act to websites, applications and other online interfaces. 

Background

By way of background, when the Americans with Disabilities Act was first drafted in 1988 (and adopted in 1990), it is unlikely that even a single member of Congress contemplated that it could be applied to the Internet. The ADA (and specifically Title III) was applied to brick-and-mortar facilities and intended to ensure that people with disabilities could access and enjoy them. Common examples are wheelchair ramps and braille menus. In the quarter-century since, almost everything that was once only brick-and-mortar now has a presence on the Internet.

One of the greatest ADA questions of our day is whether the ADA applies to websites, apps, and other online interfaces. Only a few courts have addressed this issue, and the results have been mixed, and sometimes very fact-specific. Courts must decide whether a given website is a "public accommodation" and, if so, whether the website operator has made "reasonable modifications" to make the website available to people with disabilities. 

The ADA is enforced by the U.S. Department of Justice (DOJ) and through private litigation. The DOJ is reviewing organizations' websites to determine whether they comply with the law’s access requirements. In addition, a number of plaintiffs' law firms across the country are filing lawsuits alleging that organizations' websites are in violation of the ADA. Internet companies, including Netflix, have settled cases that alleged their websites were inaccessible to people with disabilities.

There are currently no specific federal standards for websites under the ADA. Since 2010, the DOJ has been telling us that it is in the process of developing regulations for website accessibility, but those standards are not expected until 2018 or later. In the meantime, the DOJ says it expects organizations to make their websites accessible to the disabled. The DOJ has indicated that it considers the Web Content Accessibility Guidelines (WCAG) [2.0 Level AA] to be satisfactory for the time being (and perhaps these standards go further than legally necessary), and many organizations have been working towards compliance with those standards on the assumption that any future DOJ standards will be consistent with them (although there are no promises).

Why the Winn-Dixie Case Matters

The decision in Gil v. Winn Dixie is the first federal court opinion addressing the applicability of the ADA to the website of a brick-and-mortar retailer. While it is not binding throughout the U.S., it sets an important precedent. 

The court concluded that the ADA applied because Winn Dixie's website is “heavily integrated” with and serves as a “gateway” to its physical stores. That's an important consideration for brick-and-mortar retailers, who may want to re-evaluate accessibility in light of this recent development.





Monday, May 8, 2017

Can Young Lawyers Learn Something From Older Lawyers About Managing Their Professional Reputations Online (and Vice Versa)?

Here's an article that was published this week in the North Carolina Lawyer magazine that might be of interest to some of you.


Can Young Lawyers Learn Something From Older Lawyers About Managing Their Professional Reputations Online (and Vice Versa)?


by Matt Cordell, NCBA YLD Chair


When I have the opportunity to give advice to law students and young lawyers, one of the things I try to impress upon them is the importance of their reputations, including their “online reputations.” Usually the comment is quickly met with a knowing nod. Everyone seems to know that their reputation is important. However, having witnessed many lawyers of all ages impair their professional reputations online, I have begun to realize that many of us fail to recognize some aspects of maintaining our online reputations, and I have begun to be much more specific in my advice to younger lawyers.

...Read the rest here.

Sunday, March 5, 2017

A New Chapter


This photo was taken
for the firm's website
when I joined in 2007

In 2005, I met two exceptional people, Don Eglinton and Leigh Wilkinson, during on-campus interviews at my law school.  I could immediately tell from the way they talked about Ward and Smith and its people that there was something special about the firm.   In the years since, I've experienced firsthand the remarkable culture of this firm and the people who make it so special. I have also had the opportunity to work with some incredibly smart, innovative clients in a number of fields, and I've learned a great deal from many of them.  

My practice has evolved over the past decade, and I have found that I very much enjoy practicing in the areas of privacy law, information security law, and technology law, in particular.  A very attractive opportunity has arisen which will enable me to work on these issues on a global scale.

I will be joining the legal department of VF Corp in Greensboro, N.C. If you are unfamiliar with VF, you are likely familiar with its brands, which include The North Face, Lee, Wrangler, Vans, Timberland, Nautica, Smartwool, Reef, Eagle Creek, Eastpak, JanSport, Kipling, and others.  VF has more than 50,000 employees globally and about $12 billion in annual revenue.  The legal department, like the rest of the company, spans the globe.  I will be managing a small group within the legal department handling privacy, information security, and information technology contracting.

Volunteering at a workday at Camp Challenge
(a financial literacy camp for underprivileged kids)
with my Ward and Smith colleagues
just a few months after joining the firm in 2007
Even though I will miss my law partners and clients, I am looking forward to this new challenge and to starting a new phase of my career.  I am also looking forward to spending a little more time with my family.  We will be moving to the Triad area very soon.

I am confident that all of the clients with whom I have worked over the years are in good hands with the other (nearly 100) lawyers at Ward and Smith.

I intend to continue to write about interesting legal developments on my personal blogs: www.BizLawNC.com and www.LawOfPrivacy.com / www.PrivacyLawNC.com.  I hope you'll continue to check back in from time to time.