People: Minh N. Vu, Partner
Minh N. Vu
Direct: (202) 828-5337
Fax: (202) 641-9279
J.D., University of Pennsylvania Law School (1993)
- B.A., Columbia College (1989)
- District of Columbia
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Federal Claims
- U.S. District Court, District of Columbia
- U.S. District Court, District of Maryland
- U.S. District Court, Eastern District of Virginia
U.S. Department of Justice Enforcement Investigations
- Settlement Agreement between the Marriott Frenchman’s Reef and the United States (2016) - Ms. Vu negotiated a very favorable agreement involving no monetary damages or penalties concerning the physical accessibility of this resort.
- Closure of Investigation by U.S. Attorneys’ Office of the Southern District of New York (2016) - Ms. Vu secured the no action closure of an investigation into the ADA Title III compliance of a major New York City landmark hotel.
- Settlement Agreement Between the Ritz-Carlton St. Thomas and the United States (2015) - Ms. Vu negotiated a very favorable agreement involving no monetary damages or penalties concerning the physical accessibility of this expansive resort.
Settlement Agreement Between edX Inc. and the United States (2015) - On behalf of the nation’s only non-profit massive online open course platform provider, Ms. Vu negotiated a precedent-setting agreement regarding this entity’s website, online learning platform, and mobile application with no monetary damages or penalties.
Settlement Agreement Between Peapod LLC and Ahold USA and the United States (2014) - On behalf of the nation’s top online grocer, Ms. Vu negotiated a very favorable agreement resolving an investigation into the accessibility of this client’s website and mobile application with no monetary damages or civil penalties.
Closure of National Gaming Company Investigation (2014) - Ms. Vu secured the no action closure of a nationwide investigation for the ADA Title III compliance of this company which operates thousands of hotel rooms and dozens of casinos.
Settlement Agreement Between Spice Market Restaurant and the United States (2014) - On behalf of the owner of this well-known culinary destination in downtown New York City, Ms. Vu resolved an ADA compliance review conducted by the U.S. Attorney’s Office for the Southern District of New York under favorable terms.
Settlement Agreement between the Sheraton Hotel Atlantic City and the United States (2014) - Ms. Vu successfully resolved a compliance investigation conducted by the U.S. Attorney’s Office for the District of New Jersey into this hotel’s compliance with Title III of the ADA.
- U.S. Attorney’s Office (USAO) Compliance Review of Seven Hotels in the Boston area (2012) - Ms. Vu successfully represented seven hotels in a compliance review initiated by this office. Following this review, the USAO took no action against five of the hotels and resolved issues with two hotels.
- Settlement Agreement between the Marriott Marquis San Diego and the United States (July 2011) - On behalf of the owner and operator of this hotel, Ms. Vu successfully resolved an investigation into alleged physical barriers to access at this facility as well as various operational issues such as hotel reservations.
- Settlement Agreement between Wells Fargo Bank and the United States (May 2011) - On behalf of Wells Fargo, Ms. Vu negotiated a complex nationwide settlement with the United States involving issues concerning effective communication and physical access issues.
- United States v. Hilton Worldwide Inc., CA No. 1:10-cv-01924 (November 2010) (U.S. District Court for the District of Columbia) - On behalf of Hilton Worldwide, Ms. Vu successfully negotiated a nationwide consent decree with the United States to resolve an investigation concerning all aspects of Hilton’s compliance with the Title III of the ADA.
Public Accommodations Discrimination - Private suits and Settlements
- Defense of numerous website accessibility lawsuits, including but not limited to: Gomez v. New Balance Athletics (S.D.FL 2016) (Case no. 16-cv-21571); Gorecki v. 24-Hour Fitness (C.D.CA 2016) (Case no. 2:16-cv-075131) (consent decree/website accessibility class action); Close v. Hilton Worldwide (C.D.CA 2016) (Case no. 2:16-cv-3200); Parrish v. Sears (W.D.WA 2016) (Case No. 315-cv-05622); Gomez v. Ford Motor Company (S.D.FL 2016) (Case no. 1:15-cv-24828); Frazier v. Aaron’s Inc. (W.D.PA 2016); West v. Chick-Fil-A Inc. (S.D.N.Y. 2017) (Case No. 1:16-cv-09385).
- McKelvey v. EAN Holdings (E.D.TN 2015) (Case No. 3:15-cv-00498) (action for injunctive relief and damages relating to alleged failure to provide hand controls in two-door rental cars)
- Salisbury v. Panera (W.D.WA 2015) (Case No. 2:15-cv-01631) (nationwide class action regarding accessibility of service counters)
- Salisbury v. Staples (W.D.WA 2015) (Case No. 2:15-cv-01391) (nationwide class action regarding accessibility parking lots)
Martin v. Wells Fargo (C.A. No. 8:15-cv-160) (U.S. District Court for the Central District of California) - Ms. Vu persuaded the plaintiff to dismiss this lawsuit alleging that Wells Fargo’s ATMs do not comply with the 2010 standards.
Hilson v. Panera (C.A. No. 14-cv-61852) (S.D. Florida) - Ms. Vu obtained the complete dismissal of this lawsuit with prejudice on a motion to dismiss. The court entered an order directing Panera $30K in attorneys' fees and costs to resolve Panera's motion for sanctions against plaintiff and his counsel.
Modica v. Wells Fargo Bank, (C.A. No. 1:13-cv-03458-JEC) (U.S. District Court for the Northern District of Georgia) (2014) - Ms. Vu represented the bank in a lawsuit alleging that the bank refused to accept plaintiff’s relay calls, in violation of Title III of the ADA. The case was resolved under very favorable terms after limited discovery.
Rush v. Pier 1 Imports (Ninth Circuit Docket No. 11-57214) (2013-15) - Ms. Vu secured the affirmance of summary judgment for Pier 1 and obtained monetary sanctions against plaintiff’s cousel.
- Skaff v. SHC Half Moon Bay, LLC et al. (C.A. No. C 10-01115 CRB) (U.S. District Court for the Northern District of California) (2012) - Ms. Vu represented the operator of this Ritz-Carlton hotel in the successful resolution of a complex multi-party lawsuit involving alleged violations of Title III of the ADA and various California statutes, including the Unruh Act and the Disabled Persons Act.
- Kit Lau and Charles Schwab & Co. (March 2012) - Ms. Vu represented brokerage firm Charles Schwab & Co. in structured negotiations relating to the accessibility of its clients website.
- Houston v. The TJX Companies, Inc. (C.A. No. 11-CV-80109-RYSKAMP/VITUNAC) (U.S. District Court for the S.D. Florida) (July 2011) - Prior to any discovery taking place, Ms. Vu obtained the dismissal of this consolidated ADA Title III lawsuit involving 14 T.J. Maxx stores in Southern Florida brought by a well-known professional plaintiff.
- Equal Rights Center et al. v. Hilton Hotels Corporation, CA No. 1:07-cv-01528-JR (U.S. District Court for the District of Columbia) - Two organizational and three individual plaintiffs brought a lawsuit under Title III of the ADA and the District of Columbia Human Rights Act seeking nationwide injunctive relief at more than 2,700 hotels and monetary damages for alleged accessibility barriers and policies. Ms. Vu was lead counsel for Hilton in this matter. The court granted Hilton’s motion to dismiss, holding that plaintiffs only had standing to sue for alleged inaccessible conditions at four hotels and had no standing to challenge the reservations policy.
- Frankeberger et al. v. Starwood Hotels & Resorts Worldwide, CA No. C09-1827 JPD (U.S. District Court for the Western District of Washington) - Two individual plaintiffs with multiple disabilities brought a lawsuit under Title III of the ADA and Washington state law alleging that the hotel had discriminated against them by subjecting them to an excessive wait for assistance at a wheelchair lift. Starwood, represented by Seyfarth, obtained a prompt dismissal of the case prior the commencement of discovery.
- Access 4 All, Inc. and Ronald Moore v. AEW Bedford, CA No. 1:09-cv-11045-MLW (U.S. District Court for the District of Massachusetts) - An organizational plaintiff and an individual plaintiff brought an action under Title III of the ADA claiming that a hotel was not accessible to individuals with disabilities. On behalf of the hotel owner, Seyfarth promptly settled the case after an inspection of the hotel. This case is typical of the many cases that Seyfarth has expeditiously resolved without litigation.
- Theodore v. Enterprise Rent-A-Car of Boston, CA No. 1:09-cv-1176-RGS (U.S. District Court for the District of Massachusetts) - The plaintiff brought an action under Title III of the ADA alleging that the car rental company had failed to provide him with vehicles with hand controls and that the rental locations were not accessible to people with disabilities. The plaintiff sought injunctive relief for all rental locations in Massachusetts. On behalf of Enterprise, Seyfarth resolved the matter promptly within two months after the complaint was filed without having to file a responsive pleading.
Fair Housing Discrimination
- Bowman v. EPT Mesa (W.D.TX 2016) (Case No. 3:16-cv-00058) (fair housing act design and construction lawsuit involving large multi-family complex)
- United States v. Summerland Heights GP, LLC., CA No. 1:09cv860-JCC/IDD (U.S. District Court for the Eastern District of Virginia) - The U.S. Department of Justice alleged that this garden apartment community did not comply with the design & construction standards of the Fair Housing Act. The case was resolved by a consent decree for minimal damages.
- Duran v. Meadowcreek/Lynnbrook Residential L.L.C., HUD File No. 03-09-0555-8 (Housing and Urban Development)/VA Fair Housing Board File No. 2010-00984) - Tenants alleged that the rental community failed to provide a reasonable accommodation for their disabilities in violation of the Fair Housing Act and the Virginia Fair Housing Law. Seyfarth resolved this matter promptly resolved through the conciliation process.
- Mason v. DaVita Inc., CA No. 1:06CV01319 (U.S. District Court for the District of Columbia) - The employee alleged that he was denied a new sales position because of his race in violation of the D.C. Human Rights Act. The court granted summary judgment to the employer.
- Pope v. American College of Physicians, CA No. 1:07cv01023-RCL (U.S. District Court for the District of Columbia) - The employee alleged that the employer had disclosed his confidential medical records and had terminated his employment because he had requested a reasonable accommodation in violation of the ADA. The court granted the employer’s motion to dismiss.
- “ADA Title III Lawsuits: Tarnishing the Integrity of the ADA,” sponsored by the US Chamber of Commerce, Washington, DC (October 16, 2017)
- “The ADA and Online Businesses,” presented by Lawline (October 6, 2017)
- “Website ADA Compliance: Website Demand Letters & Lawsuits,” presented by myLawCLE (April 5, 2017)
- “What Every Tenant and Landlord Needs to Know About ADA Access Violations,” Webinar, presented by the Mid-Atlantic Center (February 15, 2017)
- “ADA Compliance for Real Estate Owners and Operators: Avoiding and Responding to Drive-By Claims and Enforcement Actions,” Webinar, presented by Strafford (February 14, 2017)
- “2010 ADA Standards for Transient Lodging,” Webinar, presented by the U.S. Access Board and the American Hotel & Lodging Association (December 1, 2016)
- “Americans with Disabilities Act and Website Accessibility Standards: Practical Information You Need Now,” Webcast, presented by the American Bankers Association (November 14, 2016)
- "Website Accessibility Demand Letters and Lawsuits: Businesses’ Questions Answered," Webinar, presented by Seyfarth Shaw LLP (November 3, 2016)
“Disability Law Forum: Accessibility Solutions & Legal Updates in the Areas of Housing, Education, Employment and More,” presented by the New York City Bar (October 13, 2016)
“Americans with Disabilities Act: Latest Expectations/Emerging Risks,” ABA Regulatory Compliance Conference, San Diego, CA (June 13, 2016)
“The Americans with Disabilities Act, The Facts and Urban Legends: What Every Real Property Lawyer Needs to Know,” ABA Section of Real Property, Trust and Estate Law’s Spring Symposia CLE Meeting, Boston, MA (May 13, 2016)
- “Is Your Website the Subject of an ADA Lawsuit Yet?” Webinar, presented by Seyfarth Shaw LLP (December 2015)
- “Digital Accessibility: The Legal Landscape,” presented live at eSignRecords 2015 Conference (November 2015)
- “Adverse Impact and Other Hot Fair Housing Issues Facing the Real Estate Industry,” Webinar, presented by Seyfarth Shaw LLP (July 2015)
- "Compliance Issues for the Lodging Industry," Webinar, Americans with Disabilities Act 25th Anniversary, sponsored by the American Hotel & Lodging Association (May 28, 2015)
- "Are Your Facilities Accessible?" 2015 Annual Meeting and Spring Seminar, sponsored by the California Society for Healthcare Attorneys (April 17-19, 2015)
- "Does Your Employment/Applicant-Facing Website And Other Technologies Have To Be Accessible To Individuals With Disabilities?" Seyfarth Shaw LLP (November 2014)
- "What New York Commercial Leasing Lawyers Need to Know About Title III of the ADA," New York Bar Association Commercial Real Estate Section (October 14, 2014)
- "Spotting and Managing the Risks Retailers Face Complying with the ADA's Accessibility Requirements for Technology," Retail Industry Leaders Association (October 16, 2014)
- “Self-Service Kiosks for Guests Present a New ADA Litigation Risk for Hoteliers,” American Hotel & Lodging Educational Institute Monthly Newsletter (September 2014).
- Webinar: Americans with Disabilities Act Compliance: What Issues Should Be Keeping You Up at Night? - American Bankers Association (May 2014)
- “Do My Websites and Mobile Apps Have to Be Accessible to People with Disabilities?,” Seyfarth Shaw LLP Webinar (April 2, 2014)
- “Do I Have To Let People With Disabilities Ride Their Segways In My Place Of Business?,” Seyfarth Shaw LLP Webinar (March 20, 2014)
- “From the Front Lines: ADA Update on the Latest Issues and Trends for Shopping Centers,” presented live at the 2013 ICSC International Shopping Center Law Conference (October 19, 2013)
- “Your Website and The Americans With Disabilities Act: Are You In Compliance?” presented by Seyfarth Shaw LLP via webcast (February 6, 2013)
- “5 Trends Shaping ADA Compliance For Bank Web Sites,” presented by Deque Systems via webcast (November 30, 2012)
- “Law and Order: Special Hospitality Unit,” presented at 2012 International Society of Hotel Association Executives Winter Conference (December 6, 2012)
- “5 Trends Shaping ADA Compliance For Bank Web Sites,” presented by Deque Systems via webcast (December 4, 2012)
- “What The Hospitality Industry Should Expect In The Next Four Years,” presented by Seyfarth Shaw LLP via webcast (November 15, 2012)
- “ADA in Your Hotel and Your Workforce,” presented live at International Hotel, Motel & Restaurant Show (November 11, 2012)
- “Recent Developments under the Americans with Disabilities Act,” presented live at the 2012 Georgetown U. Law Center Hotel & Lodging Legal Summit (November 9, 2012)
- “ADA Title III and Fair Housing Act Developments,” presented to: Chartis Greater NY Region Real Estate and Hospitality Brokers and Clients (September 2012)
- “The New ADA Title III Requirements and Their Impact on Your Hotels,” Presented to Wyndham Hotel Group Franchisees (April 4, 2012)
- "ADA Changes for Pools, Recreational Facilities & Service Animals," Presented by American Hotel & Lodging Association and Seyfarth Shaw LLP via live web cast (November 2011)
- “New ADA Title III Regulations: Will Your Lodging Facility Be in Compliance on March 15, 2012?” Presented by American Hotel & Lodging Association and Seyfarth Shaw LLP via live web cast (July 27, 2011)
- “The New ADA Requirement And Their Impact On How You Operate Your Property,” Presented to Choice Hotels International Franchisees (May 19-20, 2011)
- “An Overview and Update on ADA Title III Requirements for Hospitals,” Presented to Massachusetts Hospital Association (May 10, 2011)
- “Public Accommodations and Their Customers with Disabilities: What Every Business Needs to Know About the New ADA Title III Regulations,” Client Briefing Sponsored by Seyfarth Shaw (April 27, 2011)
- "New ADA Public Accommodations Standards: The 2010 ADA Title III Regulations," Presented to the Chartis Real Estate Advisory Board (February 2011)
- "The New Americans with Disabilities Act (ADA) Title III Regulations: What do they mean for your bank?" Presented to American Banker's Association Members via Telephone Briefing/Webcast (December 2010)
- “New ADA Accessibility Requirements: Get Up to Speed,” Presented by InterContinental Hotel Group and Seyfarth Shaw LLP to IHG Franchisees (October 26-27, 2010)
- “Understanding the New ADA Title III Regulations,” sponsored by Lexington Insurance/Chartis for Insureds via webcast (October 14, 2010)
- “A Hotelier’s Guide to the New ADA Title III Regulations,” presented by Seyfarth Shaw LLP and the American Hotel & Lodging Association via live webcast (October 2010)
- “Understanding the New ADA Title III Regulations,” presented by Seyfarth Shaw LLP (October 2010)
- “Understanding the New ADA Title III Regulations: The Retailer’s Perspective,” presented by Seyfarth Shaw LLP and the Retail Industry Leaders Association via live webcast (September 2010)
- “Persuade Your Audience: Tips on Perfecting Your Legal Writing,” Virginia CLE sponsored by The Asian Pacific American Bar Association of the Greater Washington D.C. Area (March 2010)
- “Providing Equal Access for Customers Under the ADA: Hot Issues Every Business Needs to Know About Now,” Client Briefing sponsored by Seyfarth Shaw LLP (March 2010)
- "First Federal Court Rules That Having An Inaccessible Website Violates Title III Of The ADA," Retail Detail, Seyfarth Shaw LLP (June 14, 2017)
- Quoted, “First-Of-Its-Kind Trial Goes Plaintiff's Way; Winn-Dixie Must Update Website For The Blind,” Forbes (June 13, 2017)
- Quoted, “Judge Backs Making Consumer Websites Accessible to Blind,” The Wall Street Journal (June 13, 2017)
- Co-Author, "Websites, Kiosks, and Other Self-Service Equipment in Franchising: Legal Pitfalls Posed by Title III of the Americans with Disabilities Act," Franchise Law Journal, Vol. 36, No. 3 (Winter 2017)
Referenced, “Wake Up Call: Legal Market,” Bloomberg (November 2, 2016)
Referenced, “Law firms file and settle dozens of ADA suits claiming websites aren't accessible to the blind,” ABA Journal (November 1, 2016)
Quoted, “Website ADA compliance cases spike; ruling seen as 'not a good sign' for defendants,” Pennsylvania Record (October 5, 2016)
Quoted, “Repeat Plaintiffs, Non-Profits Target Businesses for ADA Compliance,” Claims Journal (October 4, 2016)
- Quoted, “Court will let Ariz. AG intervene in deluge of ADA cases” Legal Newsline (September 16, 2016)
- Quoted, “ADA lawsuits: Courting accommodation or cashing in?,” Wichita Eagle (September 10, 2016)
- Quoted, “DOJ Delays Website Accessibility Guidelines Again. Now What?,” Corporate Counsel (May 12, 2016)
- Co-Author, “Website Accessibility: Considerations for Electric Cooperatives,” Legal Reporting Service, published by NRECA, Vol. 52, No. 4 (April 2016)
- Quoted, “Web accessibility rules coming in 2018,” Newsday (April 10, 2016)
- Quoted, “Out of Focus: Plaintiffs Lawyers Take Aim at Web Access and Privacy,” Corporate Counsel (April 1, 2016)
Quoted, "Attorneys: DOJ's years-long delay on regulations hurting companies facing disabilities lawsuits over their websites,” Legal Newsline (March 1, 2016)
Quoted, “Kicking the Can Down the Road: The Murky Law On Technologic Accessibility,” The Lexblog Network (January 22, 2016)
- Quoted, “Uncertain Legal Rules for Website Accessibility Attract Dozen of ADA Lawsuits,” Bloomberg BNA Electronic Commerce & Law Report (December 9, 2015)
Quoted, “Lawsuits Mount Over Website Accessibility,” Bloomberg BNA Electronic Commerce & Law Report (November 27, 2015)
- Quoted, "Sanction bid boomerangs in ADA suits", Chicago Daily Law Bulletin (September 17, 2015)
- Quoted, "Landlords grapple with more ADA lawsuits", ICSC (September 10, 2015)
- "DOJ Shifts Position on Web Access: Stating In Court Filings That Public Accommodations Have a “Pre-Existing” Obligation to Make Websites Accessible," One Minute Memo, Seyfarth Shaw LLP (July 9, 2015)
- Quoted, “Looming ADA rules could affect millions of websites,” Sun-Sentinel (June 26, 2015)
- "Clarity Expected on Movie Theater Closed Captioning But Web Rules Still Murky," California Daily Journal (November 25, 2014)
- Co-Author, "FINRA Gives Whistleblowers an Assist," Workplace Whistleblower, Seyfarth Shaw LLP (October 20, 2014)
- Quoted, "Accessibility Claims Expected Over Websites," Wall Street Journal (October 15, 2014)
- Quoted, "ADA: Legal and Practical Advice," Kiosk Marketplace (October 6, 2014)
- "Self-Service Kiosks for Guests Present a New ADA Litigation Risk for Hoteliers," American Hotel & Lodging Educational Institute (September Issue)
- “A New Breed of Access Lawsuits,” California Daily Journal (August 18, 2014).
- Quoted, "Pool lifts spawn lawsuits," Hotel News Now (August 13, 2014)
- “DOJ Demands Accessible Websites, Apps And POS Devices,” Law360 (May 19, 2014)
- “ADA Title III Legal Developments Affecting Public Accommodations Owners and Operators,” Probate & Property (May/June 2014)
- “Justice Department Targets Websites, Mobile Apps, and POS Devices,” Management Alert, Seyfarth Shaw LLP (April 29, 2014)
- “Some Courts Say that Property Owners cannot sue their Architects and Consultants for Designing Inaccessible Facilities,” ABA e-journal (August 2013)
- “Courts: Landlords can’t sue architects for ADA Slips," Washington Busineses Journal (April 5, 2013)
- Co-Author, “Retailer Fights Back Against Serial Plaintiffs Alleging Accessibility Discrimination,” Retail Detail, Seyfarth Shaw LLP (April 3, 2013)
- “Labor & Employment Hospitality Quarterly Update: Five Key Labor And Employment Issues Hospitality Employers Need To Be Aware Of; Justice Department Issues New Technical Guidance for Pools and Spas,” Seyfarth Shaw - Labor & Employment Hospitality Newsletter (June 2012)
- “The American with Disabilities Act Guide for Lodging Owners & Operators,” American Hotel & Lodging Education Institute (2012)
- "Businesses to Feel $8.5B Price Tag of Revised Disabilities Regulations,"Washington Business Journal (March 14, 2012)
- "The Banking Industry's Legal Obligations to Customers with Disabilities Expand," ABA Bank Compliance (January-February 2012)
- “Americans With Disabilities Act,” Casino Journal (December 1, 2010)
- “Coping With Shifts in ADA Regulations,” Lodging Hospitality (July 22, 2010)
- “Proposed ADA Regulations Will Be Costly for Businesses When Adopted,” Metropolitan Corporation Counsel (July 28, 2008)
- “Disability Law Watchlist: Several Pending ADA Initiatives Are Likely to Affect the Lodging Industry,”Lodging Magazine (March 2008)
- “ADA Covers Foreign Cruise Ships,” ADA Compliance Manual (Thompson Publications) (August 2005)
- “Expensive Accommodations,”Corporate Counsel (February 2005)
- “New ADA Guidelines Will Affect Many Employers,”National Law Journal (September 20, 2004)