Speaking Engagements
Georgetown Law 2025 Advanced eDiscovery Institute
November 21, 2025 | 8:30 AM – 9:30 AM ET
Leading the energy evolution.
Learn more
From compliance to the courtroom, we have you covered.
Learn more
Helping you focus on what matters – improving human health.
Learn more
Trusted advisors to leading insurers for 100+ years.
Learn more
Unlocking value in the middle market and beyond.
Learn more
Full-service legal advice from coast to coast.
Learn more
Applying radical applications of common sense
Explore More
Our standard-setting client experience program.
Explore more
Delivering life-changing help to those most in need.
Explore More
Our firm’s greatest asset is our people.
Explore More
Market-leading eDiscovery and data management services.
Explore more
The Pepper Center for Public Services
Explore more
Strategies helps businesses and individuals solve the complexities of dealing with the government at every level. Our team of specialists concentrate exclusively on government affairs, representing clients nationwide who need assistance with public policy, advocacy, and government relations strategies.
This unique program provides innovative and affordable opportunities to startups and early-stage emerging companies with a solid technology or scientific foundation. We help companies that have a quality management team in place and do not have other significant legal representation.
eMerge’s lawyers and technologists work together to deliver strategic end-to-end eDiscovery and data management solutions for litigation, investigations, due diligence, and compliance matters. We help clients discover the information necessary to resolve disputes, respond to investigations, conduct due diligence, and comply with legal requirements.
Stay ahead of the curve and in touch with our latest thinking on the issues that are top of mind across our practices and industry sectors.
Change happens fast in today’s turbulent world. Stay on top of the latest with our industry-specific channels.
Take a closer look at how we partner with clients to help them realize their goals.
Articles + Publications August 4, 2022
The California Court of Appeals Second Appellate District recently affirmed a trial court’s dismissal of a complaint filed by a visually impaired plaintiff, alleging that a cleaning product company’s retail website was incompatible with screen-reader software. The plaintiff claimed that the retail website constituted a “public accommodation,” even absent any connection to a physical space (the cleaning product company did not maintain any brick-and-mortar stores), based on the policy goals of the Americans With Disabilities Act (ADA) to support his claim under California’s Unruh Act. The Los Angeles Superior Court granted the defendant’s demurrer, concluding the website’s alleged inaccessibility did not violate the ADA, and the plaintiff failed to allege sufficient facts to establish discriminatory intent under the Unruh Act.
In Martinez v. Cot’n Wash, Inc., No. B314476 (Cal. Ct. App. August 1, 2022), a visually impaired individual relied on screen-reader software to read website content, but the cleaning product company’s website allegedly had access barriers that interfered with the use of the screen reader. Though the plaintiff argued that the plain meaning of the ADA’s definition of “place of public accommodation” or “facility” encompassed retail websites, the court found the statutory language was not dispositive because decades of federal case law found the terms ambiguous. Further, the plaintiff’s assertion that a retail website qualified as “other personal property” and thus constituted a “facility” under the ADA was similarly unpersuasive when pairing the phrase in the statute with a list of exclusively physical spaces or physical property.
The Court of Appeals further noted that given the different economic and business concerns of physical and digital retail spaces, as well as the differing burdens placed on retailers when implementing antidiscrimination measures for a physical or digital space, “it would not be an absurd result to interpret Title III as treating transactions differently depending on whether they are purely digital or have a physical component.” Though the court agreed with the plaintiff that reducing access barriers to digital commerce “would be consistent with the general, overall goal of [the ADA],” the language of the statute did not support an interpretation that the ADA applied to electronic commerce. Instead, “[b]ased on the language Congress (and the DOJ in implementing regulations) chose, even considered in the context of Title III policy goals and a need to interpret the law expansively, it is not clear that Congress intended this result in drafting Title III.”
Finally, the Court of Appeals also reviewed the ADA’s legislative history since the circuit split involving the ADA’s application to websites began, noting “we ultimately find dispositive that adopting [the plaintiff]’s proposed interpretation of ‘place of public accommodation’ [as encompassing purely digital retail websites] would mean embracing a view that Congress (through its inaction since the enactment of the ADA) and the DOJ (through its unwillingness to draft regulations) have both tacitly rejected.” The court then confirmed that “Congress’s failure to provide clarification in the face of known confusion — and, to a lesser extent, the DOJ’s similar failure — is not a reason for us to step in and provide that clarification. To the contrary, it is a reason for us not to do so.”
This opinion is a step in the right direction in encouraging the Department of Justice and/or Congress to provide rules on whether the ADA applies to websites, and if so, (1) to which types of websites it applies (e.g., websites tied to brick-and-mortar locations, as opposed to digital-only websites); (2) what a company must do to comply with the ADA; and (3) what safe harbor mechanisms can be installed to protect businesses from the onslaught of litigation seen by the state and country for the past several years in this field, while also helping to encourage accessibility measures.
Speaking Engagements
Georgetown Law 2025 Advanced eDiscovery Institute
November 21, 2025 | 8:30 AM – 9:30 AM ET
Firm Events
2025 Mid-Atlantic Health Care IT Forum
November 19, 2025 | 3:30 PM – 7:00 PM ET
Troutman Pepper Locke Philadelphia Office – Philadelphia Conference Center
31st Floor, 3000 Two Logan Square, Philadelphia, PA 19103, Eighteenth and Arch Streets
Sponsored Events
2025 ACG Deal Crawl
November 19 – 20, 2025
JW Marriott Charlotte
600 S College Street, Charlotte, NC 28202
Speaking Engagements
Restructuring in the Age of Artificial Intelligence
November 17, 2025 | 1:30 PM – 2:30 PM ET
Offices of CohnReznick
New York, NY
Leading the energy evolution.
Learn more
From compliance to the courtroom, we have you covered.
Learn more
Helping you focus on what matters – improving human health.
Learn more
Trusted advisors to leading insurers for 100+ years.
Learn more
Unlocking value in the middle market and beyond.
Learn more
Full-service legal advice from coast to coast.
Learn more
Applying radical applications of common sense
Explore More
Our standard-setting client experience program.
Explore more
Delivering life-changing help to those most in need.
Explore More
Our firm’s greatest asset is our people.
Explore More
Market-leading eDiscovery and data management services.
Explore more
The Pepper Center for Public Services
Explore more
Strategies helps businesses and individuals solve the complexities of dealing with the government at every level. Our team of specialists concentrate exclusively on government affairs, representing clients nationwide who need assistance with public policy, advocacy, and government relations strategies.
This unique program provides innovative and affordable opportunities to startups and early-stage emerging companies with a solid technology or scientific foundation. We help companies that have a quality management team in place and do not have other significant legal representation.
eMerge’s lawyers and technologists work together to deliver strategic end-to-end eDiscovery and data management solutions for litigation, investigations, due diligence, and compliance matters. We help clients discover the information necessary to resolve disputes, respond to investigations, conduct due diligence, and comply with legal requirements.
Stay ahead of the curve and in touch with our latest thinking on the issues that are top of mind across our practices and industry sectors.
Change happens fast in today’s turbulent world. Stay on top of the latest with our industry-specific channels.
Take a closer look at how we partner with clients to help them realize their goals.