As the ADA Turns 25, Website Accessibility Issues Pose Legitimate Risks for the Financial Services Industry

While 2014 was certainly a noteworthy year under Title III of the Americans with Disabilities Act (“Title III”), July 26, 2015, will mark the 25th anniversary of the ADA (“25th Anniversary”), an event that will almost certainly be celebrated with significant developments impacting the scope of Title III’s coverage. The U.S. Department of Justice (“DOJ”), charged with regulating Title III, is expected to advance and finalize regulations affecting a variety of industries, including, in some instances, financial services.  Additionally, it would be reasonable to expect advocacy groups and plaintiffs—buoyed by these looming developments and emboldened by the 25th Anniversary—to continue the path followed over the past year, aggressively pursuing an expansive interpretation of Title III in “cooperative” agreements and litigation.

Read full article


On January 15, Davis Malm shareholder John T. Lynch spoke on the panel for the Boston Bar Association’s program “How to Succeed as a New Firm Partner.” The program was hosted by the Boston Bar Association’s Recently Elected Partners Forum, and served as an opportunity for new and veteran law firm partners to meet and network. Mr. Lynch and the other panelists discussed a wide range of topics which included marketing and business development tips, how to build the practice you want, and how to create a work/life balance.

Read full article

Multistate Tax Update — January 29, 2015

Gov. Cuomo launched Start-Up NY in October of 2013. Described as a “game changing initiative,” the program was created to grow new businesses and accelerate entrepreneurialism across the state by way of establishing tax-free zones for businesses looking to start-up or expand. In addition, Start-Up NY matches state and private universities with these companies to assist with advanced research and development in high tech and other industries. The tax-free feature offers “zero taxes for ten whole years.”

Start-Up NY focuses on the upstate New York region, and leverages the facilities of the State University of New York (SUNY) and City University of New York (CUNY) systems, as well as other public and private institutions.

Read full article

“A new tax regime introduced in the Bahamas”

Before January 1 there were no direct taxes levied on the trading of goods and services in The Bahamas. In times past, consumers were only required to pay customs duty on goods imported into The Bahamas.  For the past year and a half though, the government of the Commonwealth of The Bahamas attempted to engage its citizenry in a debate over the implementation of a new tax regime as part of efforts to reduce the country’s national debt and secure funding for key infrastructural developments in the future. The government’s solution: Value Added Tax which according to government officials was selected above all others because it’s less susceptible to economic fluctuations.More…

Read full article

Data Privacy and Cybersecurity Alert: What if the Personal Data Notification & Protection Act Passes?

On the immediate heels of the Sony hack (not to mention a few other sizeable breaches), the White House introduced the Personal Data Notification & Protection Act (PDNPA) as part of its agenda to further privatize data and improve cyber security. This is certainly not the first federal cyber security law to be proposed, but it is the only one to have the White House’s clear stamp of approval.

Comparing the PDNPA to some of the other proposed laws, there are clearly some similarities, but what is most striking about the proposed PDNPA are the key differences. For instance, if passed, the PDNPA would apply to a much broader set of information that the PDNPA defines as “sensitive personally identifiable information” (SPII). This, however, is not the only key difference.

In an effort to provide some much-needed clarification on the proposed law, we put together the following list of FAQs that address what would happen if the PDNPA passes.

Read full article


As a lawyer practicing in the telemedicine space, I am rarely surprised these days.  But every once in a while I will read or hear something that stops me in my tracks. That is exactly what happened when I read a blog post by an FTC Commissioner which, among other things, calls for government policies that help facilitate greater adoption of telemedicine.  The post was part of a broader piece about the FTC’s role in promoting competition and innovation in health care.

Read full article

Supreme Court weighs in on ASADA and the Bombers: What is an arbitration?

In December 2014, the Australian Sports Anti-Doping Authority (ASADA), with the support of the Australian Football League (AFL), sought orders from the Supreme Court of Victoria under the Commercial Arbitration Act 2011 (Vic) (Act). These orders were for subpoenas to be issued requiring certain evidence (witnesses and documents) to be given at the AFL Anti-Doping Tribunal (Tribunal) hearing of ASADA’s prosecution of several players at the Essendon Football Club on allegations of doping through the use of the banned peptide Thymosin Beta-4. More…

Read full article

New Jersey Law Requires Encryption of Personal Information

On January 9, 2015, New Jersey Governor Chris Christie signed new legislation that will require health insurance carriers authorized to issue health benefits plans in the state—including insurance companies, health service corporations, hospital service corporations, medical service corporations, and health maintenance organizations—to encrypt personal information. Triggered by a series of data breaches involving the health information of almost a million residents, Senate Bill No. 562 (“SB 562”) was passed unanimously by both houses of the state legislature and will take effect on August 1, 2015.

Read full article

Ohio Tax Conference: Explosion of Shale Gas Drilling in Ohio…Mineral Rights: Sell or Lease (Ann Hunt)

Ann Hunt will be a panelist at the 24th Annual Ohio Tax Conference on Tuesday, January 27, 2015 at the 4:15 p.m. workshop. She will be speaking on the “Explosion of Shale Gas Drilling in Ohio…Mineral Rights: Sell or Lease”. 

Read full article

Opfindelser skal hemmeligholdes

Opfinder- og iværksætterkonkurrencer er populære. Som underholdning i tv og som led i erhvervsudvikling udbydes jævnligt konkurrencer, hvor værktøjer, lokaler og finansiering stilles til rådighed for iværksættere eller mindre, nyopstartende virksomheder, der derved gives mulighed for at udvikle egne forretningsideer. Modsvaret er som oftest, at deltagerne til gengæld skal tillade offentligheden at følge med på sidelinjen.

Read full article