March brought a concentrated run of decisions touching nearly every phase of ADA web accessibility litigation — from what damages are actually recoverable after a Title II win, to how the work product doctrine protects counsel-directed audits, to the continuing…
Getting Past the FUD: A Day-One Compliance Strategy for the New ADA Title II Web Accessibility RuleFear. Uncertainty. Doubt. Just because digital accessibility is new doesn’t mean that it has to be difficult
This post is a follow-up to my previous post urging readers to ask the OMB and DOJ not to delay or modify the DOJ Title II web accessibility rule. As explained here, the new rule won’t cause a flood of…
RED ALERT: The DOJ Title II Web Accessibility Rule is in Danger!
Last June, I wrote about the growing threats to the DOJ’s ADA Title II Web Accessibility Rule. That warning feels understated now. If you care about the accessibility of state and local government websites, read on. There are credible rumors…
Legal Update: February 2026
This month, there wasn’t much activity in the courts but there was a ton of legislative activity. Plus, there is movement at DOJ and OMB, which I’ve come to see as not a good thing. No Nexus in Prince Street…
Legal Update: January 2026
Happy New Year from Converge Accessibility! The year is already off to a quick start, but from some unusual places like Utah, Wisconsin, Missouri, and Washington state. In fact, I didn’t find anything interesting to report from the usual hotbeds…
Legal Update: December 2025
Happy Holidays from Converge Accessibility! This year has been a fantastic one at Converge, ending on a high note. It’s been busy and we have plenty of work lined up for 2026! And not to be outdone, Lexis has responded…
The Quiet Unwinding of Civil Rights and Democracy
In the American constitutional system, Congress writes the laws and the president executes them. Each derive their authority from the Constitution and are bound by it. One of Congress’s most important sources of power is the Spending Clause, which enables…
Legal Update: November 2025
Yikes, this was a slow month for new case development. Apart from one class action certification, the only other case was from the Central District of California, where a court declined to consider an Unruh claim alongside an ADA claim…
Legal Update: October 2025
SDNY Back to Rejecting Online-Only Title III Claims In earlier posts, we’ve discussed the Southern District’s wavering interpretations regarding whether online-only companies are places of public accommodation and can be sued for maintaining inaccessible websites. In Fernandez v. Scanpan USA,…
Legal Update: September 2025
Fall is an incredibly busy time for me. Combine that with shorter days and the loss of warmth and sunlight and my anxiety becomes almost tangible. This past week also brought a shock with the DOJ’s announcement that they might…



