ADA Compliance and Website Accessibility Litigation: What’s a business to do? (Including 1-Hr of Ethics) [2024 Edition]

Charles S. Marion | Blank Rome LLP

Charles (Chuck) Marion is an experienced litigator who has tried several cases to verdict, both jury and non-jury, in federal and state courts located throughout the country, and also handled several domestic and international arbitrations. Chuck primarily focuses his practice in the areas of complex business litigation; franchise litigation and counseling; advising and defending businesses whose physical locations, websites, or mobile apps have been accused of violating the Americans with Disabilities Act (“ADA”) and similar state and local statutes; defamation; and intellectual property litigation (including patent and trademark infringement cases, claims for unfair competition and breach of non-compete and/or non-solicitation agreements, and trade secret disputes). Chuck regularly writes and lectures on these subjects.

In the franchise area, Chuck has, for many years, represented franchisors in several different industries (including the quick service restaurant, hospitality, and automotive parts and service industries) in a wide variety of legal matters, including litigating, arbitrating, and resolving disputes with their franchisees, enforcing trademarks and other intellectual property assets and rights, and counseling on ADA issues relating to their physical locations and online/digital activities (websites, mobile applications, ordering kiosks, etc.). Chuck is co-chair of the Philadelphia Bar Association’s Franchise Law Committee and is an active participant of the American Bar Association’s Forum on Franchising, including speaking at its annual conference and contributing articles to its publications (including The Franchise Lawyer).

In his complex business and intellectual property litigation practice, Chuck represents corporations, other business entities, and individuals in a variety of industries, and involving a wide range of agreements, technologies, devices, blankrome.com products (both consumer and industrial), and services.

While Chuck enjoys trying cases and is proud of the results he has achieved in doing so for his clients, he understands the risk, uncertainty, disruption, and expense associated with litigation, and regularly counsels clients on steps they can take to reduce the risk of litigation or, if a lawsuit has been commenced, methods they can utilize and strategies they can implement to resolve the lawsuit at an earlier stage and on the best possible terms. Chuck prides himself on being a creative and effective problem solver for, a trusted advisor to, and a partner of his clients. He takes the time to fully understand the client’s business, industry, and objectives, and is always on the lookout for ways to minimize his client’s risks and exposure, protect their interests, and to otherwise add value.

Chuck enjoys performing, composing, and listening to music (he has played piano professionally for many years and currently plays keyboards in the classic/alternative rock band “Lincoln Drive”); playing tennis; doing yoga and various other types of exercise; reading history, fiction, and other works; and traveling to interesting places.

Harrison Brown | Blank Rome LLP

Harrison Brown’s practice encompasses a wide range of business litigation and class action defense, with an emphasis on consumer fraud and privacy claims. Harrison has extensive experience defending complex claims in both state and federal courts, including claims under the Telephone Consumer Protection Act (“TCPA”), Fair Debt Collection Practices Act (“FDCPA”), unfair competition and false advertising laws, California’s Song-Beverly Credit Card Act, and Invasion of Privacy Act.

Harrison also represents clients in actions before the Federal Communications Commission. Harrison also has experience in commercial real estate, representing landlords, tenants, lenders, borrowers, and developers in various litigation matters, including breaches, construction defect claims, eviction disputes, and ADA defense. He has also assists clients on labor and employment matters. In addition, Harrison helps companies and entrepreneurs lawfully navigate their advertising, retailing, and ecommerce initiatives.

Harrison is regularly published in leading industry publications concerning TCPA and social media matters. Some of his recent articles include “Good faith defense in TCPA class actions makes good business sense” (Inside Counsel, November 18, 2014), “Fighting Fail-Safe Classes In TCPA Claims” (Law360, June 12, 2014), “Social Media as Evidence in Civil Litigation – Last 12 Months in Review” (BNA Social Media Law & Policy Report, April 22, 2014), and “Courts Narrowly Interpreting an Automated Telephone Dialing System under TCPA” (Inside Counsel, April 1, 2014).

During law school, Harrison served as the business development editor for the Chapman Law Review and received numerous commendations for his performance in national moot court and mock trial competitions.

Amy E. Richardson | HWG LLP

Amy Richardson is a partner with HWG LLP, where she serves as Chair of the Legal Ethics and Malpractice group. Ms. Richardson counsels and represents lawyers and law firms in disciplinary investigations and prosecutions and malpractice matters. She counsels and advises lawyers and law firms In partner admissions and departures, and law firm dissolutions. She teaches ethics and professional responsibility at Duke University School of Law. Ms. Richardson has also successfully represented companies and individuals before federal and state regulatory agencies and Offices of Inspector General. Ms. Richardson’s extensive white collar criminal defense experience includes preparing clients for grand jury appearances and trial work. Ms. Richardson has received Chambers USA’s top ranking for white collar crime and government investigations lawyers in North Carolina.
Prior to entering private practice, Ms. Richardson served a judicial clerkship for the Honorable N. Carlton Tilley, Middle District of North Carolina. Ms. Richardson received her J.D., cum laude from Duke University School of Law, and her B.A., summa cum laude, from the University of North Carolina.

Deepika H. Ravi | HWG LLP

Deepika Ravi is a partner with HWG LLP, and serves as Vice Chair of the firm’s Legal Ethics and Malpractice group.

Ms. Ravi helps lawyers and law firms understand and comply with their legal ethics obligations. She counsels clients on ethical restrictions on the practice of law and represents attorneys in disciplinary proceedings. Her experience includes providing advice on ethical issues surrounding partner departures and helping clients evaluate the merits of legal malpractice claims, including competency and conflicts of interest issues. Ms. Ravi also has experience advising and representing clients who have received inquiries from the District of Columbia Committee on the Unauthorized Practice of Law.

Ms. Ravi is a frequent speaker and writer on evolving issues in legal ethics and serves as co-chair of the Professional Responsibility Committee of the Federal Communications Bar Association. She also serves as an adjunct professor of law, teaching professional responsibility at the Georgetown University Law Center.

Ms. Ravi also represents individuals and companies in complex commercial litigation and general civil litigation in federal and state courts. Her experience ranges from helping individuals pursue civil rights claims, to representing telecommunications companies in intercarrier compensation disputes. Ms. Ravi conducts internal investigations in response to government enforcement actions and anticipated civil litigation. She has represented companies in investigations and inquiries by the Department of Justice, the Federal Trade Commission, and the Federal Communications Commission, including those related to privacy and data security, communications and information technology, consumer protection law, and corporate compliance.

Ms. Ravi earned her J.D. with pro bono distinction from Stanford Law School. She earned her B.A., summa cum laude, from Duke University, where she received the William J. Griffith University Service Award.

Session I – ADA Compliance and Website Accessibility Litigation: What’s a business to do? | 2:00pm – 3:00pm

1. Whether websites are places of public accommodation subject to Title III of the ADA | 2:00pm – 2:15pm
2. How the courts have ruled on these types of claims | 2:15pm – 2:30pm
3. Whether the U.S. Department of Justice, the U.S. Congress, or any state legislatures have taken any action on this issue | 2:30pm – 2:45pm
4. Preventative steps businesses can take to reduce the risk of such claims | 2:45pm – 3:00pm

Break | 3:00pm – 3:10pm

Session II – Ethical Considerations in Co-Counsel Relationships | 3:10pm – 4:10pm

1. Client consent and confidentiality | 3:10pm – 3:20pm
2. Conflicts of interest | 3:20pm – 3:35pm
3. Defining scope and division counsel responsibility, accountability and supervision | 3:35pm – 3:45pm
4. Fee-sharing and other billing issues | 3:45pm – 4:00pm
5. Diligence and competence | 4:00pm – 4:10pm