In July 2010, the United States Department of Justice (DOJ) released an Advanced Notice of Proposed Rulemaking (ANPRM) that would explicitly include websites as “places of public accommodation” under the ADA, and sought public comment regarding proposed rules intended to ensure that websites will be fully accessible to individuals with a wide variety of disabilities. Since that time, owners and operators of e-commerce websites have been anxiously awaiting the promulgation of new rules governing website accessibility, only to see the DOJ repeatedly delay issuance. In September 2015, we published an alert warning retailers of the impending promulgation of the new rules, only to see the DOJ delay issuance until April 2016.
Dana J. Finberg
Dana Finberg is a partner in the San Francisco office of Arent Fox LLP where he is a member of the firm’s Complex Litigation and Intellectual Property practices. He serves as trial counsel in patent, trade secret, trademark, trade dress and copyright litigation throughout the United States, with particular experience litigating intellectual property matters in the United States District Court for the Eastern District of Virginia. In patent litigation, he has represented both branded and generic pharmaceutical companies, computer hardware and software manufacturers and developers, and biotechnology companies.
Blog Posts by Dana J. Finberg
Last September, we published an alert warning retailers of a looming expansion in the reach of Title III of the Americans with Disabilities Act that would impose requirements on e-commerce websites to make themselves more accessible to users with a wide variety of disabilities. While the US Department of Justice has yet to promulgate regulations specifying those requirements, enforcement actions by DOJ and threatened class action lawsuits by a number of plaintiffs’ law firms all point towards the likelihood that retailers' websites will have to meet Level AA of the Web Content Accessibility Guidelines v. 2.0.
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