David Raizman

Shareholder | Los Angeles

David Raizman is nationally known for his disability rights practice, specifically for his work under Title III of the Americans with Disabilities Act. In 2012, he was recognized by the Los Angeles Daily Journal as one of the top labor and employment attorneys in California and has been recognized multiple times as a Southern California Super Lawyer.

David works extensively with hotels, sports franchises, stadium and arena owners and operators, amusement parks, theaters, retailers, municipalities and many other clients with operations open to the public to help secure their compliance with disability access laws and to defend the class action and other litigation that is frequently brought against them. In addition to his disability rights experience, David has a thriving practice focused on defending employers on the full range of employment claims, including discrimination and harassment, wage and hour, family and medical leave laws and trade secret and non-compete issues.

Outside of his litigation practice, David counsels clients on a daily basis regarding disciplinary decisions, development of best practices, workplace accommodations, leaves of absence, workforce reductions, legal compliance, and employment-related transactions.

A frequent writer and lecturer on labor and employment topics including disability rights, trade secrets and non-compete agreements, David acted as a contributing author to the treatise California Fair Housing and Public Accommodations and as a contributing editor for the California chapters of several BNA publications on trade secrets, noncompetes and the like. He has also written articles for a variety of publications including the Daily Journal, California Real Property Journal, Lodging Hospitality and SHRM online, and has served as a speaker for the Association of Corporate Counsel. David earned his J.D. from Columbia Law School, where he was on the board of editors of the Columbia Human Rights Law Review, and his M.S.J. from Columbia University Graduate School of Journalism. He earned an A.B. in economics from Vassar College.

More About David Raizman

Experience

Disability Access

David’s disability practice involves his providing ongoing advice to clients in multiple industries on how to construct, alter and operate a facility that provides equal access to the blind, deaf, wheelchair users and those with other disabilities. David also defends such clients in class action and complex litigation in courts throughout the country challenging the accessibility of their facilities. Some representative experience follows:

Class Actions

Defend putative class action challenging accessibility of parking lots in auto parts retailers stores nationwide
Defend multiple class actions challenging the accessibility of the sidewalks and curbs throughout a large city
Defend putative class action challenging practices and procedures and accessibility of 161 dental clinics located in more than 25 states
Defend class action involving accessibility to the blind and visually-impaired of clients’ amusement parks and the websites associated with the amusement parks
Defend putative class action challenging accessibility of all of clothing retailer’s stores throughout California
Defend putative class action challenging absence of pool lifts in hotel chain’s swimming pools in more than 25 states
Defend putative class actions challenging absence of accessible POS devices for the blind at two different retailers’ stores throughout the United States
Defend putative class action challenging accessibility of client’s 16 retail locations in Southern California
Defend putative class action challenging policies and practices of client’s amusement parks in allowing guests with autism and other disabilities to avoid waiting in line
Defend putative class action against real estate investment trust’s hospitality holdings alleging the inaccessibility of the hotels’ shuttle bus services to wheelchair users

Complex, High-Stakes Litigation

Defend major sports franchise in sweeping challenge to accessibility of its stadium, ticketing policies and website
Won summary judgment on challenge to ride restrictions that prevented certain amusement park guests without arms or legs (or both) from riding certain attractions. Also negotiated resolution of settlement involving alleged architectural barriers to access throughout theme park and adjacent retail/entertainment center
Defended several website owners or operators in litigation that their websites were not accessible to blind or visually-impaired users
Representation of several banks against allegations that ATMs in multiple branches are not accessible to the blind
Representation of national retailer regarding the accessibility of the audio output of its kiosks and television monitors to deaf customers
Representation of major sports franchise on redesign of arena
Defend major racetrack on remediation of pre-ADA and post-ADA portions of massive facility
Department of Justice and Governmental Investigations
Lead response to investigation of charges that national association is giving member clubs unlawful direction (or advice) on accommodating children with disabilities in their local clubs
Lead response to investigation of charges that major Northeastern hotel has numerous architectural barriers
Lead response to investigation of charges that major municipal airport’s shuttle bus service was not accessible to persons who use wheelchairs

Advice and Compliance

Advise clients owning or operating hotels, theaters, amusement parks, entertainment venues, websites, hospitals and medical facilities, stadiums, arenas on issues of both architectural and operational compliance
Advise stadium, arena and theatre clients on ticketing policies to comply with 2010 Department of Justice regulations
Develop and implement strategies for conducting audits of clients’ compliance with applicable laws and the design of remedial plans
Advise clients on development of service animal and Segway policies
Advise clients on customer, client and guest requests for auxiliary aids and services and reasonable modifications of policies, practices and procedures
Provide training for encountering and assisting guests with disabilities

Employment

David’s employment practice involves both advice and litigation defense in the full range of employment-related matters, including all manner of discrimination, contract and tort claims and in trade secret and restrictive covenant litigation. Some representative experience follows:

Defend employment discrimination and other employment litigation against movie studio
Defend brokerage against claims of sexual harassment in the workplace
Advise clients on enforceability of restrictive covenants and the drafting of enforceable covenants
Act as outside, national employment counsel to public company in health care industry
Advise international owner and operator of stadiums and arenas in employment compliance and employment litigation defense
Act as outside employment counsel to national retailer
Trade secret advice and litigation

Education & Admission

Professional Activities

Speeches

Corporate Labor and Employment Counsel Exclusive – “Websites, Kiosks, and Touchscreens: ADA Title III Litigation Risks in a Digital World” – Colorado Springs – September 23, 2022
Workplace Strategies Seminar – “Far Too Little, and Also Late—The DOJ Finally Issues Website Accessibility Guidance for Private Businesses” – Phoenix – May 5, 2022
Ogletree Deakins Webinar – “DOJ Issues Long-Awaited Website Accessibility Guidance, But Will Anything Change on the Litigation Front?” – March 25, 2022
Navigating California Employment Law – “Reasonable Accommodations From the Litigators’ Perspective” – March 4, 2021
Virtual COVID-19 Employment Litigation: Prevention and Defense Strategies Seminar – “Face Masks and Front-of-the-Line Requests: Customer Concerns and ADA Title III Litigation” – September 10, 2020
Ogletree Deakins Webinar – “COVID-19 Litigation and Mitigation Strategies Series: Customer Challenges to Face Covering Mandates and Other Pandemic-Related ADA Title III Litigation” – August 11, 2020
Ogletree Deakins Podcast – “California COVID-19 Series: Complying with California’s Guidance for Mandated Face Coverings” – July 13, 2020
Ogletree Deakins Podcast – “California COVID-19 Series: Considerations for Businesses Requiring Customer Face Coverings” – June 16, 2020
Ogletree Deakins Webinar – “Navigating Customer Refusals to Wear Face Coverings and Masks” – June 2, 2020
Ogletree Deakins Workplace Strategies Virtual Conference – “Customer COVID Accommodation Requests” – May 15, 2020
California Employment Law & Cabernet – ““Headline News”: The Latest Developments in California Employment Law” – Napa – March 5, 2020
Ogletree Deakins Webinar – “Do Gift Cards Without Braille Violate the ADA? An Update on Breaking Developments” – November 12, 2019
Ogletree Deakins Webinar – “A Whole Different Animal: Reasonable Accommodation Requests for Service Dogs and Emotional Support Animals in the Workplace ” – April 9, 2019
Ogletree Deakins Navigating California Employment Law Seminar – “Be Reasonable! Analyzing California’s Religious, Disability, and Pregnancy Accommodation Requirements” – Napa – March 1, 2019
Ogletree Deakins Podcast – “Animals as Accommodations in the Workplace and in Businesses” – February 12, 2019
Ogletree Deakins Navigating California Employment Law Seminar – “What’s New in California Employment Law? Plenty!” – Napa – March 2, 2017
Ogletree Deakins Seminar – “ADA Accommodations and Title III Trends” – Indianapolis – October 10, 2013
Association of Corporate Counsel – “Being Prepared for Litigation: Ten Things To Be Ready To Do When the Summons Arrives” – Westlake Village – March 1, 2012
California Continuing Education of the Bar – “Trade Secret Litigation in California: Current Issues and Cutting Edge Strategies” – Los Angeles – March 1, 2011
Resch Polster Berger LLP – “What Every Lawyer Should Know About the ADA” – Beverly Hills – January 2011
American Society of Amusement Parks Safety & Security, Annual Conference – “Update on Pending ADA Standards” – Universal City – August 2010
California Department of Fair Employment & Housing Symposium – “How To Make Your Law Firm Accessible To People With Disabilities” – Los Angeles – April 16, 2010

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David Raizman

Shareholder | Los Angeles

More About David Raizman

Experience

Education & Admission

Education

Admission to Practice

Professional Activities

Speeches

Published Works

Media Quotes

Honors & Awards

Insights by David Raizman

DOJ Final Rule on Website Accessibility for State and Local Governments Portends Significant Changes for Private-Sector Websites

Federal Court Rules That Online-Only Retailer’s Website Is Not a ‘Place of Public Accommodation’ Under the ADA

Justice Department Proposes ADA Regulations Impacting Healthcare Industry

Supreme Court Says Case Over ADA ‘Tester’ Standing Is Moot, But Issue Is Still Alive

Another California Appellate Court Holds That ADA Does Not Apply to a Virtual Business’s Website

DOJ’s Proposed Website Rule for State and Local Governments Has Major Implications for the Private Sector

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