First Court Ruling that ADA Title III Accessibility Applies to Website

–Melanie Bork Graham Last week, Florida Federal District Judge Robert Scola ruled that Title III of the ADA required the Winn-Dixie website to be accessible to people with disabilities. In a bench trial, the plaintiff, a blind man using screen reading technology to access the internet, obtained injunctive relief.   Title III prohibits discrimination against people with disabilities in places of public accommodation.  This is the first court to hold that Title III accessibility requirements apply to a virtual space.  Judge Scola issued a verdict Continue reading →

Philadelphia Business Lawyers: No Cyber Liability Coverage for Knowing Refusal to Release Data

by: Melanie Bork Graham, CIPP/US Last month, one of the first courts to address coverage under a cyber liability policy held that allegations of refusal to release data to a customer did not trigger a duty to defend the insured for technology errors and omissions liability. In Travelers Property and Casualty Company of America v. Federal Recovery Services et al., Travelers filed a declaratory judgment action to determine its obligation to defend its insured Federal Recovery Services, Inc.  Federal Recovery was in the business of Continue reading →

Philadelphia Health Law Attorneys: Are You An Accidental Business Associate?

It seems as though everyone knows that the Health Insurance Portability and Accountability Act (HIPAA) requires that patient health information (PHI) be kept secret, but very few understand who must comply with HIPAA, or how to comply.  This can be chalked up to the complexity of the law and lawmakers’ failure to educate the public.  Until late last year, only ‘covered entities,’ (CE) such as doctors and health plans, were responsible for complying with the extremely burdensome regulatory requirements of HIPAA. This changed on September Continue reading →