Title III of the ADA states that “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.”  Although there is no mention of websites in the Act, “public accommodation” has largely been interpreted, particularly in New York, to include websites and mobile apps.  As such, the practical implication of the ADA requires that commercial websites be navigable by all users, including the visually impaired.  

The plaintiffs who file these cases are typically serial filers – some with hundreds of lawsuits over the span of just a couple of years.  These plaintiffs can make decent money from these matters, and the attorneys are motivated to take the cases on a contingency basis because the ADA allows for the award of attorneys’ fees. Thus, quick settlements are almost guaranteed since it is usually less expensive for the defendant to settle than to fight the case in court.  

Given the exponential increase in the number of cases being filed out of New York, Georgia, Arizona, California, Florida, and Texas, it is highly recommended that website owners take immediate action to become ADA compliant (such as making websites compatible with screen-reading software).  Web Content Accessibility Guidelines (WCAG) can be found here.  Making your website ADA compliant is of course the right thing to do in general, and could even result in increased revenues for your company.

If you have been served with an ADA lawsuit, immediately contact an attorney (as you will likely have only 21 days to respond to the suit) and get your site compliant prior to engaging in settlement discussions.

Luckily for fans, Michael’s death spurred the release of new material from and inspired by MJ; material that Jones claimed he was owed royalties based on contracts dating back to 1978 and 1985. As producer of Michael’s albums, Jones was granted rights and royalties to the music he produced, including the right of first refusal for reediting or remixing songs. Jones claimed that not only was he not consulted by companies such as MJJ Productions and Sony prior to the release of material containing edited music, but he was not paid royalties in full. Though Quincy has received $8 million in royalties since 2009, taking his cue from Michael, Jones was not going to stop till he got enough, and sued Michael’s Estate seeking $30 million in damages.

Material at the heart of the suit included, This Is It, a concert movie and documentary that was released just a few months after Michael’s death. Gross receipts from the film topped $500 million, with Jackson’s estate allegedly receiving $90 million. Additionally, the Cirque du Soleil production, Michael Jackson: The Immortal World Tour, was performed for over 2 million audience members and earned over $300 million. Michael Jackson One, the Cirque production at Mandalay Bay in Las Vegas, continues to wow audiences 5 times a week.

As trial was getting underway, Jones made an off the wall allegation of elder financial abuse; a cause of action dismissed by the judge as being too late to include in the case. Jones may have been getting a little greedy, but perhaps that’s just human nature. After the refusal, Jones’ attorneys got down to business and made the case out to be a very black and white breach of contract.

Jones should be pleased with his award of $9.4 million (as Michael’s Estate alleged he was owed less than $400,000). Jones’ case is a great example of why it is so important to have clear and concise contract terms, including those regarding royalties and audit rights in the event of a dispute. These types of disputes are more common than some may think; particularly for video/infomercial production companies. Be sure to consult with an attorney when negotiating or attempting to collect royalties.