Does the Auxiliary Aids Standard Apply To Websites?
July 01, 2017
<b><i>Gil v. Winn-Dixie Stores, Inc.</b></i><p>After years of demand letters, complaints and settlements, a website accessibility lawsuit under Title III of the Americans with Disabilities Act finally went to trial. The case is remarkable not just because it is the first of its kind to go to trial, but also because the court's opinion does not consider whether a website owner can employ alternatives other than WCAG 2.0 to make website content "accessible."
5 Legal Consequences of Diving 'All In' on Social Media
July 01, 2017
<b><i>Companies and Lawyers Should Begin to Learn the Laws of Individual Platforms Before Trying to Apply National and Local Legal Concepts</b></i><p>Since the possibilities offered by social networks and their reach on consumers are unquestionable, companies must remember that important legal consequences exist between an online presence on social media and on a proprietary website. We look at a few key consequences of going "all in" with social platforms below.
Are Your Post-Breach Forensic Reports Privileged?
July 01, 2017
<b><i>A Trend Is Emerging</b></i><p>The Central District of California recently joined the small growing list of courts that have held forensic reports created by outside security companies following a data breach are protected from disclosure in civil litigation in certain circumstances.
Antitrust Corporate Dispositions
July 01, 2017
This article provides critical background on DOJ policy and practice, and highlights some of the steps corporate counsel can take during leniency or plea negotiations to secure non-prosecution protection for the company's employees as part of any antitrust corporate disposition.
Asserting Damages for Data Piracy Under the CFAA
July 01, 2017
When a database is breached in one way or another, the results can be devastating. Many companies suffering this kind of loss turn to litigation, often under the Computer Fraud and Abuse Act, which prohibits improperly accessing a protected computer. There is, however, a growing consensus in the Second Circuit that recovery of certain forms of damages under the CFAA simply is not permitted.
Netflix Dooming Need for Foreign Presales Deals
July 01, 2017
Foreign rights presales, which since the 1970s have been used by independent Hollywood producers to raise funds to get their movies shot, are quickly becoming a thing of the past. Credit Netflix for giving them a big shove out the door. So what does that mean for Hollywood's deal lawyers? Bigger rights deals — but fewer of them to go around.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
July 01, 2017
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
3 Steps to Ensuring Your AI Initiative Does Not Fail
July 01, 2017
The energy in the legal industry surrounding artificial intelligence (AI) is undeniable. Law firms are investing in innovation or undertaking experiments to test the viability of applying AI-enabled tools to various disciplines. Legal professionals are packing presentations to learn if, how and when the heralded disruption will impact their careers.
