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Access Denied: Avoiding & Defending the Expanding Field of ADA Claims (2025 Edition)

2025-01-17 14:00:00

2 hours

2025-01-17 14:00:00

2 Credits

Navigate ADA Title III compliance for public accommodations, covering physical accessibility, website standards, service animals, and litigation defense strategies.

2025-01-17 14:00:00

2 hours

Navigate ADA Title III compliance for public accommodations, covering physical accessibility, website standards, service animals, and litigation defense strategies.

2025-01-17 14:00:00

2 hours

1000+

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Live stream programs

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1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn the five titles of the ADA, Title III obligations for public accommodations, physical accessibility requirements, effective communication rules, service animal regulations, and website accessibility standards.

What will you gain

Attorneys will gain practical strategies for avoiding ADA enforcement actions, defending serial plaintiff lawsuits, understanding settlement considerations, and implementing compliance through policy, procedure, and training.

Disability Definition
The ADA Amendments Act of 2008 expanded disability definitions, overruling restrictive Supreme Court interpretations.
Physical Accessibility
No grandfather clause exists; all buildings have accessibility obligations regardless of construction date.
Effective Communication
Businesses must provide auxiliary aids like sign language interpreters for people with communication disabilities.
Service Animals
Only dogs and miniature horses qualify; businesses may ask only two permitted questions.
Website Accessibility
WCAG 2.1 AA serves as the practical standard; software tools miss up to 30% of errors.
Litigation Defense
Serial plaintiffs file approximately 90% of Title III lawsuits; strategic settlement decisions are essential.

What will you learn

Attorneys will learn the five titles of the ADA, Title III obligations for public accommodations, physical accessibility requirements, effective communication rules, service animal regulations, and website accessibility standards.

What will you gain

Attorneys will gain practical strategies for avoiding ADA enforcement actions, defending serial plaintiff lawsuits, understanding settlement considerations, and implementing compliance through policy, procedure, and training.

Agenda

Session 1

Understanding the ADA Framework and Its Five Titles

Session 2

Title III Basics: Public Accommodations and Core Obligations

Session 3

Examining Direct and Administrative Means Discrimination

Session 4

Physical Accessibility Requirements for Buildings and Facilities

Break

Mid-Session Break

Session 5

Modification Obligations and Service Animal Requirements

Session 6

Building an Effective ADA Compliance Prevention Strategy

Session 7

Defending Title III Claims from Various Plaintiffs

Session 8

Future Trends in ADA Enforcement and Litigation

clock 2:00 pm - 2:15 pm EST

Understanding the ADA Framework and Its Five Titles

Richard Hunt

Hunt Huey PLLC

William Goren

William D. Goren JD LLM LLC

This foundational session introduces the Americans with Disabilities Act’s structure, covering its five distinct titles and their different regulatory oversight. Participants will learn proper disability terminology and understand why expertise in one title doesn’t translate to others.

Richard Hunt

Hunt Huey PLLC

William Goren

William D. Goren JD LLM LLC

clock 2:15 pm - 2:30 pm EST

Title III Basics: Public Accommodations and Core Obligations

Richard Hunt

Hunt Huey PLLC

William Goren

William D. Goren JD LLM LLC

Explore the definition of disability under Title III and how public accommodations and commercial facilities are identified and regulated. This session covers the fundamental obligations including physical accessibility, website accessibility, policy modifications, and available remedies for enforcement.

Richard Hunt

Hunt Huey PLLC

William Goren

William D. Goren JD LLM LLC

clock 2:30 pm - 2:45 pm EST

Examining Direct and Administrative Means Discrimination

Richard Hunt

Hunt Huey PLLC

William Goren

William D. Goren JD LLM LLC

Dive deeper into what constitutes discriminatory practices under Title III, including both overt refusals and rules that effectively exclude people with disabilities. Learn how civil rights case law from the 1960s shaped the extensive list of prohibited discriminatory activities codified in the ADA.

Richard Hunt

Hunt Huey PLLC

William Goren

William D. Goren JD LLM LLC

clock 2:45 pm - 3:00 pm EST

Physical Accessibility Requirements for Buildings and Facilities

Richard Hunt

Hunt Huey PLLC

William Goren

William D. Goren JD LLM LLC

Understand the critical distinctions between new construction obligations, renovation requirements, and readily achievable barrier removal for existing buildings. Discover why there is no grandfather clause under Title III and learn the specific standards for parking, routes, counters, and restrooms.

Richard Hunt

Hunt Huey PLLC

William Goren

William D. Goren JD LLM LLC

clock 3:00 pm - 3:10 pm EST

Mid-Session Break

Richard Hunt

Hunt Huey PLLC

William Goren

William D. Goren JD LLM LLC

A brief intermission allowing participants to refresh before continuing with the remaining program material. Use this time to review notes and prepare questions for upcoming sessions.

Richard Hunt

Hunt Huey PLLC

William Goren

William D. Goren JD LLM LLC

clock 3:10 pm - 3:25 pm EST

Modification Obligations and Service Animal Requirements

Richard Hunt

Hunt Huey PLLC

William Goren

William D. Goren JD LLM LLC

Examine the duty to make reasonable modifications to policies and procedures, including the fundamental alteration defense. Learn the specific legal requirements for service animals, the two permitted inquiry questions, and how to distinguish service animals from emotional support animals.

Richard Hunt

Hunt Huey PLLC

William Goren

William D. Goren JD LLM LLC

clock 3:25 pm - 3:40 pm EST

Building an Effective ADA Compliance Prevention Strategy

Richard Hunt

Hunt Huey PLLC

William Goren

William D. Goren JD LLM LLC

Develop proactive strategies to avoid enforcement actions through systematic policy development, physical accessibility audits, and website remediation planning. Learn the three keys to compliance—policy, procedure, and training—and the Texas Two-Step approach for physical accessibility.

Richard Hunt

Hunt Huey PLLC

William Goren

William D. Goren JD LLM LLC

clock 3:40 pm - 3:55 pm EST

Defending Title III Claims from Various Plaintiffs

Richard Hunt

Hunt Huey PLLC

William Goren

William D. Goren JD LLM LLC

Explore different defense strategies based on plaintiff type, including DOJ actions, disability rights organizations, individual claimants, and serial testers. Learn when to settle quickly versus mount a vigorous defense, and understand the mootness defense and its limitations.

Richard Hunt

Hunt Huey PLLC

William Goren

William D. Goren JD LLM LLC

clock 3:55 pm - 4:10 pm EST

Future Trends in ADA Enforcement and Litigation

Richard Hunt

Hunt Huey PLLC

William Goren

William D. Goren JD LLM LLC

Examine how recent Supreme Court decisions including Kisor, Loper Bright, and TransUnion may reshape Title III litigation. Assess the impact of administration changes on DOJ enforcement priorities and the likely fate of website accessibility regulations.

Richard Hunt

Hunt Huey PLLC

William Goren

William D. Goren JD LLM LLC

01 09
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Richard Hunt

Hunt Huey PLLC

William Goren

William D. Goren JD LLM LLC

Richard Hunt

Hunt Huey PLLC

Board-Certified Civil Trial lawyer with more than 35 years of trial experience in state and federal courts, with a national ADA and FHA consulting and defense practice representing real estate developers, retailers, restaurants, shopping centers, banks, apartment owners and managers, hotels, single family developers and governmental entities in accessibility litigation and administrative proceedings.

Education & Credentials

Served as an adjunct professor of Disability Law at the SMU Dedman School of Law and as an adjunct professor of Trial Advocacy at the former DFW School of Law.

Recognition & Leadership

Has been interviewed for and quoted in articles appearing in Forbes, The Economist, and other publications. His blog, "Accessibility Defense" serves as a national resource for hundreds of attorneys, accessibility experts and others involved in ADA and FHA litigation.

Professional Involvement

Speaks frequently on ADA and FHA accessibility issues to national and local organizations, including the International Council of Shopping Center Developers, the Society of Exchange Counselors, the National Retail Tenants Association and similar groups.

Experience

More than 35 years of trial experience in state and federal courts representing clients in ADA and FHA accessibility litigation and administrative proceedings. His consulting practice includes private client training and public webinars on avoiding and winning ADA and FHA lawsuits.

Richard Hunt

Hunt Huey PLLC

Board-Certified Civil Trial lawyer with more than 35 years of trial experience in state and federal courts, with a national ADA and FHA consulting and defense practice representing real estate developers, retailers, restaurants, shopping centers, banks, apartment owners and managers, hotels, single family developers and governmental entities in accessibility litigation and administrative proceedings.

Education & Credentials

Served as an adjunct professor of Disability Law at the SMU Dedman School of Law and as an adjunct professor of Trial Advocacy at the former DFW School of Law.

Recognition & Leadership

Has been interviewed for and quoted in articles appearing in Forbes, The Economist, and other publications. His blog, "Accessibility Defense" serves as a national resource for hundreds of attorneys, accessibility experts and others involved in ADA and FHA litigation.

Professional Involvement

Speaks frequently on ADA and FHA accessibility issues to national and local organizations, including the International Council of Shopping Center Developers, the Society of Exchange Counselors, the National Retail Tenants Association and similar groups.

Experience

More than 35 years of trial experience in state and federal courts representing clients in ADA and FHA accessibility litigation and administrative proceedings. His consulting practice includes private client training and public webinars on avoiding and winning ADA and FHA lawsuits.

William Goren

William D. Goren JD LLM LLC

Attorney who has been dealing with the ADA since 1990, providing consulting, counseling, representation, and training services involving compliance with the Americans with Disabilities Act, Rehabilitation Act of 1973, and related laws including the Air Carrier Access Act and Fair Housing Act.

Education & Credentials

A.B. from Vassar College, J.D. from University of San Diego School of Law, and LL.M. in health law from DePaul University College of Law (one of the first in the country to receive this degree).

Recognition & Leadership

Author of Understanding the ADA, now in its 4th edition (ABA 2013). His blog, Understanding the ADA, was a member of the ABA Top 100 for five consecutive years (2014-2018).

Professional Involvement

Member of various committees of the American Bar Association; Federal Bar Association Diversity and Inclusion committee; FBA's Civil Rights committee and its Governing Board; FBA's Civil Rights Amicus committee; Chair of the FBA's Working Group on Disability Best Practices which formulated an accessibility manual for the FBA and its chapters; member of the Deaf and Hard of Hearing Bar Association and lead for its Amicus committee.

Experience

Has been dealing with the ADA as an Attorney since 1990. He is a trained mediator, a FINRA arbitrator (Chairperson eligible), and an arbitrator on the CPR employment panel. Brings personal understanding of disability as he is deaf with a congenital bilateral hearing loss of 65-90+ decibels.

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Why Attend

Why this 
program matters

Understanding ADA Title III is critical for legal practitioners because over 8,800 federal lawsuits are filed annually, representing a significant litigation risk for businesses of all sizes.
8,800
Federal ADA Title III lawsuits were filed in 2024, a 7% increase from 2023, representing more than triple the number of filings since 2013.
1in4
U.S. adults (28.7%) have some type of disability, totaling more than 70 million Americans who may require accessible accommodations under Title III.
25k+
Digital accessibility lawsuits have been filed from 2018 to 2025, demonstrating the sustained growth of website accessibility litigation under Title III.
25%+
Of digital accessibility lawsuits in 2024 targeted businesses using accessibility overlay widgets, proving these tools fail to provide legal protection.

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