Don't let frivolous ADA lawsuits cripple your e-commerce business. This episode features Beardbrand's lawyer, Mark Berkowitz, who successfully defended them against a baseless claim, offering a critical roadmap for other online merchants facing similar legal threats. Learn how to identify frivolous lawsuits, build a strong defense, and proactively implement accessibility measures to protect your brand and avoid costly settlements.
Key takeaways
Develop a clear legal strategy to fight frivolous ADA lawsuits rather than settling, as settling can encourage more claims.
Proactively audit your website for accessibility compliance using WCAG guidelines to mitigate litigation risks and ensure inclusivity.
Engage experienced legal counsel specializing in e-commerce and accessibility law to navigate complex legal challenges effectively.
Understand the nuances of ADA and similar state-level accessibility laws to identify and prepare for potential legal vulnerabilities.
Prioritize user experience and inclusive design principles in your website development to avoid "digital discrimination" claims and enhance brand reputation.
Mark Berkowitz is an attorney and partner at Tarter Krinsky & Drogin LLP in New York who works extensively with ecommerce merchants, including Amazon sellers, handling various forms of litigation. Last year, host Eric Bandholz's company, Beardbrand, was sued for alleged violations of New York laws similar to the Americans with Disabilities Act. The claim was frivolous. Bandholz hired Berkowitz, who is experienced in accessibility matters. He made Beardbrand's refusal to pay the claim c...
Frequently asked about this episode
What does this episode say about brand protection?
Develop a clear legal strategy to fight frivolous ADA lawsuits rather than settling, as settling can encourage more claims.
What does this episode say about e-commerce law?
Proactively audit your website for accessibility compliance using WCAG guidelines to mitigate litigation risks and ensure inclusivity.
What does this episode say about legal compliance?
Engage experienced legal counsel specializing in e-commerce and accessibility law to navigate complex legal challenges effectively.
What does this episode say about risk management?
Understand the nuances of ADA and similar state-level accessibility laws to identify and prepare for potential legal vulnerabilities.
What does this episode say about brand protection?
Prioritize user experience and inclusive design principles in your website development to avoid "digital discrimination" claims and enhance brand reputation.
