Marc J Rachman

Jan 10, 2025 | mondaq.com | Marc J Rachman |Daniel T. Finnegan

When faced with an ADA website accessibility claim, there aredefenses that can be raised, either with the court or as part ofsettlement negotiations. For website operators that operate stand-alone websites withouta physical store presence, more courts are finding that the ADAdoes not apply to such stand-alone websites. In defending against ADA website claims, companies should seekthe advice of their legal counsel to arrive at an appropriateresponse.

Nov 12, 2024 | mondaq.com | Gary A. Kibel |Marc J Rachman |Sarah Benowich

Nearly any business with a public-facing website is susceptible to plaintiffs seeking to apply decades-old state privacy laws to modern and common online practices. Despite murky case law, there are some viable defenses that can be raised, including that the plaintiff does not have standing because there is no concrete harm.

Feb 29, 2024 | mondaq.com | Marc J Rachman |Ina B. Scher |David Greenberg |Alexa Singh

A recent decision indicates that "natural" product claims do not necessarily mean that the product contains no synthetic and/or highly processed ingredients. "Natural" claims continue to be a focus of consumer class actions, and companies making "natural" claims should ensure that they understand and are managing this risk. Depending on the court, precedent may vary as to whether a challenge to a claim of "natural" can proceed to trial.

Jun 8, 2023 | mondaq.com | Marc J Rachman |Eva Jiménez |Daniel T. Finnegan

The Bottom Line Companies should be aware that their document preservation obligations apply to all forms of internal communications, including chats and other instant messenger applications. When instituting a litigation hold, companies should check the default settings of all electronic document storage platforms to ensure any automatic delete settings are turned off. Companies should consult with counsel if they have any questions about their document preservation obligations.