Eversheds Sutherland has significant experience in litigating
ADA website compliance cases and advising companies
concerning ADA compliance. Sutherland attorneys Lewis
Wiener and Amy Xu provided pro bono representation to
the American Council of the Blind and three blind federal
government contractors in a class action lawsuit against the
federal government’s General Services Administration (GSA),
an independent federal agency tasked with managing the
basic functioning of other agencies, arising out of the GSA’s
website being inaccessible to visually impaired government
contractors. The case resulted in a landmark settlement
with the GSA in October 2015 that ensures that the federal
government website SAM.gov is accessible to blind and visually
impaired federal contractors. This agreement emphasizes
that no organizations, including government agencies, are
exempt from accessibility requirements under the ADA.
The large number of ADA website accessibility lawsuits
recently filed illustrates the potential risks that any company
offering “a place of public accommodation” online faces.
The steady source of attorneys’ fees these suits provide to
plaintiffs’ counsel and the relative ease with which allegedly
offending sites can be identified makes it likely that these
actions will continue to be filed. As large companies bring
their sites into compliance, either voluntarily or following
legal action, plaintiffs may begin to focus on smaller online
retailers or mobile applications. Accordingly, it is important
to understand the need for ADA compliance and the pitfalls
posed by non-compliance in an effort to limit the risk of
About the Authors: Lewis Wiener, an experienced trial and
appellate attorney with three decades of trial and counseling
experience, represents a broad array of clients in state, federal
and appellate court litigation throughout the United States.
Lew leads the Eversheds Sutherland (US) TCPA Practice and
currently serves as a member of the Executive Committee.
His extensive litigation and trial experience includes serving
as class action defense counsel, conducting large internal
investigations, handling complex litigation matters and
representing entities in litigation brought by and against the
federal government. Lew also represents clients in eminent
domain/inverse condemnation environmental and land-use
litigation before state and federal trial and appellate courts.
He can be reached at email@example.com.
Alex Fuchs advises insurance companies on complex,
large-scale litigation matters. He focuses his practice on
defending challenges to insurers’ business practices in class
action cases and coverage disputes. He also assists clients
with defense of tort, contract and subrogation matters in
New York state and federal court. Alex can be reached at