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Tag Archives: Websites

Your Electronic Communications and Record Keeping Requirements.

21 Monday Sep 2015

Posted by Celia C. Elwell, RP in Ethics Opinions, Law Firm Web Sites, Law Office Management, Legal Blogs, Legal Ethics, Legal Technology, Rules of Professional Responsibility, Technology, Technology

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Anna Massoglia, Law Office Management, Lawyerist Blog, Legal Ethics, Record Keeping Requirements, Websites

Deleting Your Website Can Come Back to Bite You in the Assets, by Anna Massoglia, Lawyerist Blog

http://tinyurl.com/nzda7hh

Chances are, you are all too aware that record-keeping is a tedious but necessary evil in the legal profession. There’s also a good chance that you have a website. According to the 2014 ABA Technology Survey Report, 84% of law firms do.

Record-keeping requirements include more than just client files and financial transactions. Many state rules also apply to other electronic communications — including websites.

It is not true that something released to the internet is ‘out there’ forever — especially when it comes to those attempting to comply with record-keeping requirements. . . .

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ADA Litigation Considers Websites and Apps Access for the Disabled.

24 Wednesday Dec 2014

Posted by Celia C. Elwell, RP in Americans With Disabilities, Consumer Law

≈ 1 Comment

Tags

ADA, Apps, Disabled, Jill Rosenberg, Joe Libert, Orric Herrington & Sutcliffe LLP, Public Accommodation, Target, Tim Long, Title III, Websites

The Next Frontier in ADA Litigation: Website and App Access for the Disabled, by Joe Libert, Tim Long, and Jill Rosenberg, Orric, Herrington & Sutcliffe LLP 

http://tinyurl.com/nj2n7n5

For the last several years, consumers have increasingly turned to online shopping as an alternative to traditional ‘brick and mortar’ stores. Some reports showed that ‘Cyber Monday’ sales figures beat out those for ‘Black Friday’ this year, and many retailers are doubling down on their eCommerce efforts in response. What many retailers might not be aware of is the growing risk of litigation under the Americans with Disabilities Act (ADA) and derivative state laws arising from websites or mobile apps that allegedly discriminate against disabled individuals.

Although there has been more than a decade of litigation on this issue, basic questions have remained muddled, including whether Title III of the ADA (which requires access to places of public accommodations to disabled individuals) applies to websites.  Recent developments in case law, new proposed regulations by the Department of Justice (DOJ) slated for March 2015, and a noteworthy recent DOJ settlement with an online grocery service, all indicate that this will be an area to watch in 2015.

Title III and Private Employer Websites

Although there is no consensus among courts, some recent cases have held that Title III applies to websites, while several earlier cases held that it did not.

Even courts that have held that a website is not a ‘public accommodation’ under Title III have recognized that an exception exists where there is a ‘nexus’ between the website and a physical place of public accommodation, such as a brick and mortar store. For example, in National Federation of the Blind v. Target Corporation, the plaintiffs filed a class action lawsuit against Target, alleging that its website was inaccessible to blind individuals.[1]  Target argued that the website was not a place of public accommodation, and that plaintiffs had not alleged denial of access to the brick and mortar stores. The court rejected this argument, noting that ‘it is clear that the purpose of the statute is broader than mere physical access—seeking to bar actions or omissions which impair a disabled person’s ‘full enjoyment’ of services or goods of a covered accommodation.’[2] . . .

 

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Tips for Presentations at Trial.

22 Sunday Dec 2013

Posted by Celia C. Elwell, RP in Legal Technology, Presentations, Trial Tips and Techniques

≈ Comments Off on Tips for Presentations at Trial.

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Legal Technology, Litigation Support, Michael Skrzypek, Presentations, The Trial War Room Handbook Blog, Trial, Websites

Preparing Websites for Litigation Databases, by  Michael Skrzypek, The Trial War Room Handbook Blog

http://www.thetrialwarroomhandbook.com/?p=916

This post provides several excellent suggestions for website presentation in court. Regardless of the method, the last paragraph gives great advice – always have an offline back up! -CCE

Related articles
  • Going to Trial – Not Boxes of Documents Anymore. (researchingparalegal.com)
  • Excellent Reasons To Use Synchronized Video Depositions. (researchingparalegal.com)

 

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