People: Minh N. Vu, Partner

Minh N. Vu

Partner

Washington, D.C.
Direct: (202) 828-5337
Fax: (202) 641-9279
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Ms. Vu is a partner in the Labor and Employment department in the firm's Washington, D.C. office and the leader of the Firm’s ADA Title III Specialty Practice Team.  She is also one of the leading disability law attorneys in the country.  Ms. Vu recently authored the “ADA Guide for Lodging Owners and Operators,” the first book of its kind published by the American Hotel & Lodging Association.

After many years of litigating cases at all levels of the federal judicial system and before state and federal agencies, Ms. Vu joined the U.S. Department of Justice where she served as Counselor to the Assistant Attorney General for Civil Rights.  In that position, Ms. Vu oversaw the enforcement of the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA), the Rehabilitation Act, as well as Title VII of the Civil Rights Act of 1964.  She also represented the Department of Justice on the U.S. Access Board, the federal agency charged with creating accessibility guidelines for public accommodations and commercial facilities.

Since returning to the private sector in 2004, Ms. Vu has handled a variety of complex disability discrimination matters involving public accommodations throughout the United States.  Ms. Vu has successfully defended public accommodations (e.g. hotels, retailers,, restaurants, banks, and health care facilities) in a broad range of accessibility lawsuits under Title III of the ADA and similar state laws involving architectural as well as operational barriers to access.  In one nationwide ADA accessibility lawsuit against a national hotel company, Ms. Vu successfully narrowed the scope of the lawsuit from more than 2800 hotels to four on a motion to dismiss.  Ms. Vu also successfully obtained the complete dismissal of thirteen consolidated ADA lawsuits against a national retailer before any discovery took place.

Ms. Vu also represents companies under investigation by The Department of Justice for alleged violations of Title III of the ADA and FHA and has successfully negotiated a number of settlements and consent decrees with the Department on behalf of many companies, including leaders in the hospitality and banking industry.  Ms. Vu also serves as ADA counsel to the nation's top lodging trade association and represents the lodging industry and other stakeholders in rulemaking proceedings under Title III of the ADA.

Ms. Vu’s practice includes advising clients on the requirements of the ADA and other disability laws and creating compliance policies and training programs.  The country's top retailers, banks, hospitality companies, car rental companies, casinos, and equipment manufacturers have retained Ms. Vu to guide them on cutting edge disability issues such as the new 2010 ADA Title III regulations, accessible point of sale devices and equipment, hotel reservations processes, ATMs, and accessible websites.  Ms. Vu also advises real estate developers, builders and architects on the design and construction requirements of the FHA for multifamily dwellings, and defends lawsuits and government investigations based on such requirements.

Ms. Vu also has extensive experience defending employers against lawsuits and government investigations brought under various anti-discrimination laws such as the ADA, Title VII of the Civil Rights Act of 1964, the D.C. Human Rights Act, as well as the FMLA.  Ms. Vu advises employers on all aspects of the employment relationship, including employment agreements, non-competition/solicitation agreements, personnel policies and procedures, personnel actions, family and medical leave, illegal discrimination, and harassment. 

Ms. Vu is a partner in the Labor and Employment department in the firm's Washington, D.C. office and the leader of the Firm’s ADA Title III Specialty Practice Team.  She is also one of the leading disability law attorneys in the country.  Ms. Vu recently authored the “ADA Guide for Lodging Owners and Operators,” the first book of its kind published by the American Hotel & Lodging Association.

After many years of litigating cases at all levels of the federal judicial system and before state and federal agencies, Ms. Vu joined the U.S. Department of Justice where she served as Counselor to the Assistant Attorney General for Civil Rights.  In that position, Ms. Vu oversaw the enforcement of the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA), the Rehabilitation Act, as well as Title VII of the Civil Rights Act of 1964.  She also represented the Department of Justice on the U.S. Access Board, the federal agency charged with creating accessibility guidelines for public accommodations and commercial facilities.

Since returning to the private sector in 2004, Ms. Vu has handled a variety of complex disability discrimination matters involving public accommodations throughout the United States.  Ms. Vu has successfully defended public accommodations (e.g. hotels, retailers,, restaurants, banks, and health care facilities) in a broad range of accessibility lawsuits under Title III of the ADA and similar state laws involving architectural as well as operational barriers to access.  In one nationwide ADA accessibility lawsuit against a national hotel company, Ms. Vu successfully narrowed the scope of the lawsuit from more than 2800 hotels to four on a motion to dismiss.  Ms. Vu also successfully obtained the complete dismissal of thirteen consolidated ADA lawsuits against a national retailer before any discovery took place.

Ms. Vu also represents companies under investigation by The Department of Justice for alleged violations of Title III of the ADA and FHA and has successfully negotiated a number of settlements and consent decrees with the Department on behalf of many companies, including leaders in the hospitality and banking industry.  Ms. Vu also serves as ADA counsel to the nation's top lodging trade association and represents the lodging industry and other stakeholders in rulemaking proceedings under Title III of the ADA.

Ms. Vu’s practice includes advising clients on the requirements of the ADA and other disability laws and creating compliance policies and training programs.  The country's top retailers, banks, hospitality companies, car rental companies, casinos, and equipment manufacturers have retained Ms. Vu to guide them on cutting edge disability issues such as the new 2010 ADA Title III regulations, accessible point of sale devices and equipment, hotel reservations processes, ATMs, and accessible websites.  Ms. Vu also advises real estate developers, builders and architects on the design and construction requirements of the FHA for multifamily dwellings, and defends lawsuits and government investigations based on such requirements.

Ms. Vu also has extensive experience defending employers against lawsuits and government investigations brought under various anti-discrimination laws such as the ADA, Title VII of the Civil Rights Act of 1964, the D.C. Human Rights Act, as well as the FMLA.  Ms. Vu advises employers on all aspects of the employment relationship, including employment agreements, non-competition/solicitation agreements, personnel policies and procedures, personnel actions, family and medical leave, illegal discrimination, and harassment. 

Education

  • J.D., University of Pennsylvania Law School (1993)
    with honors
  • B.A., Columbia College (1989)

Admissions

  • District Of Columbia
  • Virginia

Courts

  • 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

Representative Engagements

U.S. Department of Justice Enforcement Investigations

  • 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 

  • 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 

  • 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.

Employment Discrimination

  • 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 . 

Presentations

  • “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)

Publications

  • "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)