Go with perspective
Articles & Publications

Technology Law Bulletin Winter 2007

Americans With Disabilities Act Reaches Into Cyberspace by Joe Laferrera

When the Americans with Disabilities Act was passed, it established a broad structure for addressing discrimination against individuals on the basis of disability. In addition to imposing a regimen of non-discrimination on employers and the government, the ADA brought within its protection “places of public accommodation.” Restaurants, office buildings, retailers and other places open to the public became obliged to provide disabled individuals full access and enjoyment of those facilities. Some of the first developments were easy to see, taking the form of wheelchair ramps and Braille signage. But now, 16 years after the law’s passage, the reach of the ADA may be extending into the virtual world. This Fall, a federal district court judge in California refused to dismiss a lawsuit complaining that a retailer’s web site was not sufficiently accessible to shoppers with visual impairments. The suit asserted claims under the ADA and California anti-discrimination laws. While it is unlikely to spell the end of Internet shopping as we know it, the ruling does raise important issues that e-commerce players would do well to understand. more…

High Court Eases Antitrust Rules In IP Cases

The Supreme Court, in Illinois Tool Works Inc. v. Independent Ink, Inc., has unanimously set a new legal standard for antitrust challenges to intellectual property owners who use tying arrangements.  The term “tying arrangement” refers to the business practice of conditioning the sale of one product on the purchase of additional products from the same seller.more…