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The Overlay Trap in U.S. Website Accessibility Litigation

Defend website accessibility cases where automated overlay tools made things worse — apply standing, mootness, and res judicata doctrine, and respond to the FTC’s accessiBe consent order in civil litigation.

2026-06-18 13:00:00

Program Details

2026-06-18 13:00:00

Program Details

2026-06-18 13:00:00

Over 1,000+ webinars

2026-06-18 13:00:00

Course Overview

When Accessibility Tools Become Litigation Risks

2026-06-18 13:00:00

Accessibility overlay widgets were marketed as a one-click solution for ADA website compliance, but businesses that adopted them often discovered that the promised protection did not translate into a litigation defense. In some cases, overlay customer lists have even become targeting tools for plaintiff firms. The FTC’s April 2025 consent order against accessiBe and the litigation that followed highlighted broader concerns about automated accessibility tools and their role in website accessibility disputes. Every defendant facing a Title III website accessibility claim now operates in a landscape where standing under Calcano, mootness under Haynes v. Hooters, res judicata issues arising from prior settlements, and remediation efforts under TransUnion v. Ramirez can significantly affect case outcomes. This program examines the rise of overlay litigation, the regulatory and judicial treatment of automated accessibility tools, how accessibility claims are pleaded and defended, and practical strategies for assessing exposure and managing ADA and related state-law claims.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Vendor promises
Compare overlay marketing claims against courtroom reality.
02
FTC consent order
Analyze how the FTC’s April 2025 accessiBe consent order affects ADA litigation.
03
Standing doctrine
Apply Calcano standing analysis to serial plaintiffs.
04
Mootness analysis
Apply Haynes v. Hooters mootness in accessibility cases
05
Res judicata
Apply Dolce & Gabbana res judicata in class action follow-ons.
06
Screen reader claims
Defend functional access theories under ADA Title III.

Program schedule

clock 1:00 pm - 2:00 pm EST

The Overlay Trap: How Accessibility Widgets Backfire

Cover the full overlay story — vendor promises, plaintiff firm targeting, the FTC’s April 2025 accessiBe consent order, and Parikh v. accessiBe — alongside standing under Calcano, mootness under Haynes v. Hooters, and res judicata under Dolce & Gabbana.

Ken NakataKen Nakata
clock 2:10 pm - 3:10 pm EST

ADA Title III Defense Strategy in Overlay Cases

Examine ADA Title III website accessibility litigation involving overlay tools from a defense perspective, including how claims are pleaded, how courts evaluate automated accessibility tools, screen reader access theories, and litigation response strategies informed by TransUnion v. Ramirez.

Ashley S. JenkinsAshley S. Jenkins
Ken Nakata

Ken Nakata

Converge Accessibility

Ashley S. Jenkins

Ashley S. Jenkins

Seyfarth Shaw LLP

Ken Nakata

Ken Nakata

Converge Accessibility

Ken Nakata is a Principal at Converge Accessibility, where he combines legal and technical perspectives on digital accessibility for a commonsense approach to compliance and lower risk. He is a former Senior Trial Attorney with the U.S. Justice Department’s Disability Rights Section, where he developed nationwide ADA policies for the internet, served as lead counsel for the interagency working group making the federal government’s information technology accessible to people with disabilities under Section 508 of the Rehabilitation Act, and represented the United States many times in litigation in federal courts.

Education & Credentials

Ken is a graduate of the University of Pennsylvania Law School and received his undergraduate degree in mathematics from Johns Hopkins University. He is admitted to the Bars of New York, Washington, and the District of Columbia. He is certified as a Privacy Professional with the International Association of Privacy Professionals (IAPP), a Certified Professional in Accessibility Core Principles (CPACP) with the International Association of Accessibility Professionals (IAAP), and a Sun Certified Programmer for the Java 2 Platform.

Recognition & Leadership

Ken received the Attorney General's Award for Excellence in Information Technology from Attorney General Janet Reno. He is a Founding and former Board Member of the International Association of Accessibility Professionals (IAAP) and currently serves on the IAAP's Certification Committee.

Professional Involvement

Ken is a frequent lecturer sought after by major international accessibility conferences for his knowledge of both law and technology. He has trained teams on proper HTML coding for accessibility and has led continuing legal education courses for attorneys on legal defenses in web accessibility cases under the Americans with Disabilities Act and California's Unruh Act.

Experience

Ken is a frequent lecturer sought after by major international accessibility conferences for his knowledge of both law and technology. He has trained teams on proper HTML coding for accessibility and has led continuing legal education courses for attorneys on legal defenses in web accessibility cases under the Americans with Disabilities Act and California's Unruh Act.
Ashley S. Jenkins

Ashley S. Jenkins

Seyfarth Shaw LLP

Ashley S. Jenkins is an Associate in Seyfarth’s Washington, D.C. office and a member of the firm’s ADA Title III & Public Access team, where her practice focuses on advising and defending clients facing accessibility-related challenges under federal, state, and local nondiscrimination laws. She regularly represents businesses in litigation involving both physical and digital accessibility matters, as well as in federal and state government investigations, including matters brought by the United States Department of Justice. Her experience includes defending retailers, hotels, restaurants, technology companies, institutions of higher education, health care providers, housing providers, and public entities in single-plaintiff and class action litigation arising under Title III of the ADA and parallel state statutes.

Education & Credentials

Ashley earned her J.D. from the University of Buffalo School of Law and her B.S. from Gannon University, where she received the Academic Excellence Award, the Business Excellence Award, and participated in the University Honors Program. She is admitted to practice in the District of Columbia.

Recognition & Leadership

Ashley is a member of Seyfarth's National ADA Title III Specialty Practice Team, where her entire practice is devoted to assisting clients defending Title III lawsuits and federal investigations.

Professional Involvement

Ashley counsels clients on proactive accessibility compliance strategies, including the development of ADA compliance programs, accessibility policies, and training initiatives designed to minimize legal risk and strengthen operational practices. She also advises housing providers on compliance with the Fair Housing Act and regularly assists clients responding to government investigations and enforcement actions. She has co-authored Seyfarth's ADA Title III News & Insights blog on topics including federal website accessibility, kiosk class actions, and stadium seating modifications, and has presented at the CSUN Assistive Technology Conference on "Digital Accessibility Law: A Legal Update and Hot Topics" (March 2025).

Experience

Prior to joining Seyfarth, Ashley served in the Disability Rights Section of the U.S. Department of Justice, where she enforced the same laws she now helps clients navigate, providing her with a unique perspective on compliance and enforcement matters. She also assisted in the Deepwater Horizon multidistrict litigation while working in the Civil Division of the Department of Justice.
Ken Nakata

Ken Nakata

Converge Accessibility

Ken Nakata is a Principal at Converge Accessibility, where he combines legal and technical perspectives on digital accessibility for a commonsense approach to compliance and lower risk. He is a former Senior Trial Attorney with the U.S. Justice Department’s Disability Rights Section, where he developed nationwide ADA policies for the internet, served as lead counsel for the interagency working group making the federal government’s information technology accessible to people with disabilities under Section 508 of the Rehabilitation Act, and represented the United States many times in litigation in federal courts.

Education & Credentials

Ken is a graduate of the University of Pennsylvania Law School and received his undergraduate degree in mathematics from Johns Hopkins University. He is admitted to the Bars of New York, Washington, and the District of Columbia. He is certified as a Privacy Professional with the International Association of Privacy Professionals (IAPP), a Certified Professional in Accessibility Core Principles (CPACP) with the International Association of Accessibility Professionals (IAAP), and a Sun Certified Programmer for the Java 2 Platform.

Recognition & Leadership

Ken received the Attorney General's Award for Excellence in Information Technology from Attorney General Janet Reno. He is a Founding and former Board Member of the International Association of Accessibility Professionals (IAAP) and currently serves on the IAAP's Certification Committee.

Professional Involvement

Ken is a frequent lecturer sought after by major international accessibility conferences for his knowledge of both law and technology. He has trained teams on proper HTML coding for accessibility and has led continuing legal education courses for attorneys on legal defenses in web accessibility cases under the Americans with Disabilities Act and California's Unruh Act.

Experience

Ken is a frequent lecturer sought after by major international accessibility conferences for his knowledge of both law and technology. He has trained teams on proper HTML coding for accessibility and has led continuing legal education courses for attorneys on legal defenses in web accessibility cases under the Americans with Disabilities Act and California's Unruh Act.
Ashley S. Jenkins

Ashley S. Jenkins

Seyfarth Shaw LLP

Ashley S. Jenkins is an Associate in Seyfarth’s Washington, D.C. office and a member of the firm’s ADA Title III & Public Access team, where her practice focuses on advising and defending clients facing accessibility-related challenges under federal, state, and local nondiscrimination laws. She regularly represents businesses in litigation involving both physical and digital accessibility matters, as well as in federal and state government investigations, including matters brought by the United States Department of Justice. Her experience includes defending retailers, hotels, restaurants, technology companies, institutions of higher education, health care providers, housing providers, and public entities in single-plaintiff and class action litigation arising under Title III of the ADA and parallel state statutes.

Education & Credentials

Ashley earned her J.D. from the University of Buffalo School of Law and her B.S. from Gannon University, where she received the Academic Excellence Award, the Business Excellence Award, and participated in the University Honors Program. She is admitted to practice in the District of Columbia.

Recognition & Leadership

Ashley is a member of Seyfarth's National ADA Title III Specialty Practice Team, where her entire practice is devoted to assisting clients defending Title III lawsuits and federal investigations.

Professional Involvement

Ashley counsels clients on proactive accessibility compliance strategies, including the development of ADA compliance programs, accessibility policies, and training initiatives designed to minimize legal risk and strengthen operational practices. She also advises housing providers on compliance with the Fair Housing Act and regularly assists clients responding to government investigations and enforcement actions. She has co-authored Seyfarth's ADA Title III News & Insights blog on topics including federal website accessibility, kiosk class actions, and stadium seating modifications, and has presented at the CSUN Assistive Technology Conference on "Digital Accessibility Law: A Legal Update and Hot Topics" (March 2025).

Experience

Prior to joining Seyfarth, Ashley served in the Disability Rights Section of the U.S. Department of Justice, where she enforced the same laws she now helps clients navigate, providing her with a unique perspective on compliance and enforcement matters. She also assisted in the Deepwater Horizon multidistrict litigation while working in the Civil Division of the Department of Justice.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC
DE2.0
FL2.5
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.0
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs