Avoiding & Defending the Expanding Field of ADA Claims

$195.00

Live Broadcast on June 20, 2018

CLE Credits earned: 2 GEN

Overview of operational considerations, risks and best practices with regard to Americans with Disabilities Act of 1990 in the context of public accommodations. Program will include physical access issues, litigation risks and response strategies, and websites and communicative channels.

Key topics to be discussed:

•   Overview of the ADA
•   Litigation trends and response tactics
•   Developments and predictions

Date / Time: June 20, 2018

•   12:00 pm – 2:00 pm Eastern
•   11:00 am – 1:00 pm Central
•   10:00 am – 12:00 pm Mountain
•   9:00 am – 11:00 am Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

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Original Broadcast Date: June 20, 2018

Matthew Kenefick, Esq.

Matt’s law practice extends to litigation, compliance and real estate matters. Matt represents a variety of industries including manufacturers, financial institutions, retailers, real estate developers, and the hotel industry, among others.

Representative Experience
Litigation
•   Representation of Plaintiff venture capital fund in an extended jury trial, lasting 30 trial days, involving a breach of contract claim against a semiconductor corporation and fraudulent transfer claims against more than twenty defendants. Result: verdict in favor of client for more than $4.5 million on the breach of contract claim and more than
$9.2 million on the fraudulent transfer claims. Matt also successfully defended the verdict on appeal and enforced the resulting judgment, collecting all amounts owed.
•   Defense of $77.5 million breach of fiduciary duty lawsuit, through a month long jury trial. Result: verdict in favor of client.
•   Defense of defamation and breach of fiduciary duty lawsuit arising from client’s role as a whistleblower in an alleged affinity based “Ponzi” scheme. Result: dismissal of lawsuit with prejudice following successful anti-SLAPP motion, including recovery of significant amount of attorneys’ fees for client.
•   Defense, through appeal, of complex fraudulent transfer, successor liability, and alter-ego action through trial. Result: defense verdict in favor of client that was upheld on appeal.
•   High value judgment enforcement matters

Compliance
•   Supply chain, corporate social responsibility and responsible sourcing advice and guidance.
•   Product compliance advice and guidance, including Proposition 65, labelling and safety.
•   Performing enterprise-wide gap analysis of operational compliance matters.
•   Change management, internal campaigning, and policy, procedure and practice development.
•   Responding to Department of Justice, District Attorney and Attorney General investigatory proceedings.
•   Providing retail operational compliance guidance and counseling.
•   Physical access litigation, counseling and infrastructure guidance.
•   Conducting internal investigations involving sensitive and highly confidential subject matter.
•   Counseling clients on disabled access technology and compliance, including policy development and website accessibility.
•   Counseling clients on Electronically Stored Information collection, preservation, processing and production.

Real Estate
•   Defense, through appeal, of developer from challenge to grant of land use entitlement for substantial San Francisco condominium project. Result: obtained judgment in favor of client that was upheld on appeal.
•   Prosecution and defense of complex commercial leasing lawsuits, including lease term extension, restricted use, and return condition disputes.
•   Representation of well-known lenders in complex commercial foreclosure, receivership, and guaranty actions.
•   Representation of prominent entities in defense of disability access lawsuits.
•   Negotiation and drafting of commercial leasing agreements.
•   Administrative law and land-use proceedings.

Background
Matt is from the San Francisco Bay Area, growing up in Los Gatos. Prior to becoming a lawyer, Matt worked his way through college in heavy equipment. Matt is a proud father and in his spare time, Matt enjoys spending time with his family, travel, golf, outdoors and wildlife photography. Prior to joining JMBM, Matt performed volunteer legal work at Legal Advocates for Children and Youth, East San Jose Community Law Center, and the Santa Clara County Public Defender’s Office.

Education
•   J.D., Santa Clara University School of Law, 2003
•   B.A., San Jose State University, 1999

Practices
•   Litigation
•   ADA Compliance and Defense
•   Creditors’ Rights
•   Real Estate
•   Real Estate Litigation
•   Labor & Employment
•   Prevailing Wage
•   Trust & Estate Litigation

Accreditation Policy
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Applied MCLE Approvals
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Accreditation on Formats: Live Video Broadcasts, “Live” Re-Broadcasts and On-Demand CLEs

Live Video Broadcasts
Live video broadcasts are new live CLE programs being streamed and recorded for the first time. All of these programs qualify for “Live” CLE credit in all states except LA and PA—these two states require in-person attendance to qualify for “Live” CLE credit.

“Live” Re-Broadcasts
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On-Demand CLEs
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Reciprocity
Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, CO, CT, FL, GA, ME, MO, MT, ND, NH, NJ, NY, PR, SD and WV. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

myLawCLE Credit Guarantee
Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.

Section I. Legal Background

Section II. How Counsel Can Help
a) Responding to Claims
b) Creating Compliance Programs
c) Creating A Disabled Access Strategy