ADA Compliance for Websites and Apps: Mitigating the Increasing Risk

Evolving Technical Standards, Conflicting Court Opinions, and "Surf-by" Claims

A live 90-minute CLE webinar with interactive Q&A


Tuesday, October 8, 2019

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE webinar will provide corporations and their counsel with tools to mitigate liability for a website or app that does not comply with the Americans with Disabilities Act (ADA). Plaintiffs are actively surfing the internet to discover noncompliant sites, and are reaping the rewards of their private enforcement of the ADA at the expense of companies of all sizes. Thousands of these cases have been filed in the past several years, and this trend shows no sign of slowing.

Description

Just as physical access to a brick and mortar location must meet ADA standards of accessibility, courts have now made clear that websites and apps must also meet accessibility standards. Your client may find itself on the receiving end of a demand or a lawsuit brought by one of many plaintiffs' firms that seek out noncompliant websites and concentrate on such litigation.

According to the Department of Justice, the ADA, which became law in 1990, is based on the principle that "people with disabilities should have the same opportunities as everyone else to participate in the mainstream of American life." Although the internet was not in wide use in 1990, fluctuating ADA compliance standards have been evolving in its application to non-physical spaces like websites. Because there is no single uniform standard for website ADA compliance, counsel to businesses must be diligent in assuring compliance. If a business website is not ADA-compliant for the vision and hearing impaired, it should anticipate a demand letter or lawsuit pointing this out and seeking compliance and other damages. Attorneys pursuing these “surf by” lawsuits are focused not only on remediation of the website but the attorney’s fee recovery provisions of the ADA. They are efficient and experienced in identifying target companies, and in maximizing their recovery. Counsel to businesses targeted by these claims must prepare to defend their clients.

Fortunately, target companies and defense counsel can take proactive steps to mitigate this risk. In the pre-suit phase, these range from a website audit and proactive remediation efforts to user-directed communication about website accessibility to various software monitoring and correcting packages. Following a claim, experienced defense counsel can assist in minimizing liability and damages.

Listen as experienced counsel and industry experts discusses exposure and compliance in this evolving and litigious area, and learn how large and small businesses can identify the issues and offer solutions before the process server appears.

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Outline

  1. Application of the ADA to websites and apps
    1. General ADA principles
    2. How ADA principles apply to websites and mobile apps
    3. The plaintiff bar's role in civil compliance enforcement through claims against companies and litigation
    4. Government enforcement
  2. Compliance
    1. Determining whether compliance is necessary
    2. Steps to ensure compliance
    3. Audits, remediation, and compliance software
  3. Risk Mitigation
    1. Proactive steps to minimize the risk of a suit
    2. Steps to mitigate liability and damages when a claim is filed

Benefits

The panel will review these and other essential matters:

  • What are the sources of law, regulation, and industry standards that apply?
  • What are the best practices to make a website ADA compliant?
  • What are the legal risks and exposures to clients for noncompliance?
  • How can companies mitigate their exposure in these cases?

Faculty

Sidoti, Mark
Mark S. Sidoti

Director, Commercial & Criminal Litigation
Gibbons

Mr. Sidoti – a commercial and products liability litigator and Chair of the Gibbons E-Discovery Task Force...  |  Read More

Taylor, Jason
Jason C. Taylor
Chief Innovation Officer and Advisor
UsableNet

Mr. Taylor has 20 years of experience in usability and accessibility. He is a global technology thought leader for...  |  Read More

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