People: Minh N. Vu, Partner

Minh N. Vu

Partner

Washington, D.C.
Direct: (202) 828-5337

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Biography

Ms. Vu is a partner in the firm's Washington, D.C. office and the leader of the firm’s ADA Title III Specialty Practice Team. Ms. Vu’s national practice focuses exclusively on the legal obligations of places of public accommodation, recipients of federal assistance, government contractors, and housing providers to individuals with disabilities under Title III of the American with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, the Fair Housing Act (FHA), and various state non-discrimination statutes. Ms. Vu is a recognized thought leader on ADA Title III issues who is known for her practical and business-friendly approach to litigation as well as compliance under this law. In 2012, Ms. Vu authored the ADA Guide for Lodging Owners and Operators, the first book of its kind published by the American Hotel & Lodging Association (AH&LA) and also testified before Congress on behalf of the AH&LA on new ADA requirements for lifts at pools and spas. Ms. Vu also is the editor of and a primary contributor to Seyfarth’s ADA Title III News & Insights Blog which has been quoted in many publications, including The Wall Street Journal, CNN, and The Economist.

After graduating from law school, Ms. Vu spent nearly a decade as a litigator at one of the world’s top law firms where she handled a variety of cases at all levels of the federal judicial system and before state and federal agencies. In 2001, Ms. Vu joined the U.S. Department of Justice (DOJ) where she served as Counselor to the Assistant Attorney General for Civil Rights. In that position, Ms. Vu oversaw the enforcement of the ADA, the FHA, the Rehabilitation Act, as well as Title VII of the Civil Rights Act of 1964. She also represented the DOJ at the U.S. Access Board, the federal agency charged with creating accessibility guidelines for public accommodations, commercial facilities, and federal agencies. She returned to private practice in 2004, where she has focused her practice on Title III of the ADA and related laws.

Litigation Defense. Ms. Vu has handled a wide array of individual plaintiff and class action disability discrimination matters involving public accommodations throughout the United States, including in California, Florida, Massachusetts, New York, and Pennsylvania. Ms. Vu has successfully defended public accommodations (e.g. hotels, shopping centers, retailers, restaurants, banks, casinos, and health care facilities) in a broad range of accessibility lawsuits under Title III of the ADA and similar state laws involving websites, mobile apps, architectural barriers, point of sale devices, ATMs, service animals, power mobility devices, and effective communication.

Department of Justice and Other Investigations. Ms. Vu specializes in the representation of businesses, public entities, and non-profits under investigation by the DOJ and state enforcement agencies for alleged violations of Titles II and III of the ADA and FHA. She has successfully negotiated numerous settlements and consent decrees with the DOJ and private plaintiffs on behalf of hotels, health care providers, restaurants, retailers, educational institutions, and financial services companies concerning virtually every conceivable subject matter, including architectural barriers, effective communication (e.g. sign language interpreters, documents in alternate formats, accessible websites and mobile apps), ATMs, and service animals.

Advice, Counseling, Policy Development, and Training. 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 help them create national enterprise-wide ADA compliance policies, operational procedures, customized facilities checklists, and training materials for thousands of employees. She guides clients on cutting edge disability issues such as the applicability of Title III of the ADA to websites and mobile applications, the new 2010 ADA Standards for accessible facilities, pool and spa lifts, point of sale devices, medical equipment, self-service equipment, hotel reservations processes, event ticketing policies, and ATMs. Manufacturers of customer-facing self-service equipment have also retained Ms. Vu to opine on whether the design of their machines are accessible to individuals with various types of disabilities.

Ms. Vu also advises real estate developers, builders, and architects on the accessible design and construction requirements of the FHA for multifamily dwellings, and defends lawsuits and government investigations based on such requirements.

Federal Rulemaking Proceedings. Ms. Vu has served as ADA counsel to the American Hotel & Lodging Association for more than a decade and she has represented the interests of the lodging industry in every major rulemaking under Title III of the ADA, including the 2010 revisions to the ADA Title III regulations as well as the pending rulemakings for furniture, equipment, and accessible websites. Ms. Vu also represented one of the country’s largest movie theatre companies in the 2014 DOJ rulemaking concerning the closed captioning of movies.

Education

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

Admissions

District of Columbia
Virginia

Courts

US Court of Appeals, DC Circuit
US Court of Appeals, Federal Circuit
US Court of Appeals, Fourth Circuit
US Court of Federal Claims
US District Court, District of Columbia
US District Court, District of Maryland
US District Court, Eastern District of Virginia

Representative Engagements

U.S. Department of Justice Enforcement Investigations

Closure of Investigation by U.S. Department of Justice (2019) - Ms. Vu secured the closure of an investigation into two hotels concerning their alleged failure to comply with regulations for hotel reservations with no further action to be taken by the DOJ.
Closure of Investigation by U.S. Department of Justice (2017) - Ms. Vu secured the closure of an investigation into national rental car company’s alleged failure to provide accessible shuttle services with “no violation” finding.
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 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 (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

Shirley Lindsay v. Overland Partners Sepulveda, LLC (C.D.CA. 2019) (Case no. 2:18-cv-01917) (secured summary judgment for Starbucks in case involving design of sales/service counter)
Francis v. 805 Columbus LLC (S.D.NY. 2019) (Case no. 1:16-cv-07539) (secured summary judgment for Starbucks in case involving design of sales/service counter)
Cerda v. Chicago Cubs Baseball Club (N.D.IL. 2018) (Case no. 1:17-cv-9023) (ADA Title III lawsuit alleging violations relating to provision of accessible seating in connection with multi-year renovation of Wrigley Field).
Godino v. Keenwawa Inc. dba Eatsa (S.D.N.Y. 2017) (Case no. 17-CV-2096) (New York wide class action about restaurant’s self-service ordering kiosks and ordering experience which were allegedly not accessible to the blind).
Heinzl v. Cracker Barrel (W.D.P.A. 2017) (Case no. 2:2014cv01455) (Nationwide class action settlement of claims relating to allegedly inaccessible parking lots in entire restaurant system)
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 the plaintiff to pay 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 counsel.
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.

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

Presenter, “Title III of the ADA: Website, Mobile App, and Kiosk Accessibility Lawsuits” CLE webinar presented by LawPracticeCLE (July 25, 2019)
Co-Presenter, "Website, Mobile App, and Kiosk Accessibility Lawsuits Under Title III of the ADA: A Legal Update," Webinar, presented by Seyfarth Shaw LLP (February 13, 2019)
“Different Perspectives, Interpreting the Law” and “Doing Access Justice,” 2018 Leadership Exchange in Arts and Disability Conference (August 11, 2018)
“Website Accessibility: The Next Frontier for the ADA,” Webinar, sponsored by the American Hotel and Lodging Association (May 10, 2018)
"Website Disability Access Lawsuits: The Ongoing Assault on Businesses and How to Respond," Webinar, presented by Seyfarth Shaw LLP (April 4, 2018)
“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 Publications (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)
"Lawsuit Threats: Americans with Disabilities Act Website Accessibility and 'Terms of Use' - New Jersey Truth in Consumer Contract, Warranty and Notice Act," Retail Leaders Industry Association Retail Law Conference, Atlanta, GA (October 26, 2016)
“Disability Law Forum: Accessibility Solutions & Legal Updates in the Areas of Housing, Education, Employment and More,” presented by the New York City Bar Association (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?,” presented by Seyfarth Shaw LLP (December 2015)
“Digital Accessibility: The Legal Landscape,” 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," 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)
“Americans with Disabilities Act Compliance: What Issues Should Be Keeping You Up at Night?” Webinar, presented by American Bankers Association (May 2014)
“Do My Websites and Mobile Apps Have to Be Accessible to People with Disabilities?” Webinar, presented by Seyfarth Shaw LLP (April 2, 2014)
“Do I Have To Let People With Disabilities Ride Their Segways In My Place Of Business?” Webinar, presented by Seyfarth Shaw LLP (March 20, 2014)
“From the Front Lines: ADA Update on the Latest Issues and Trends for Shopping Centers,” 2013 ICSC International Shopping Center Law Conference (October 19, 2013)
“Your Website and The Americans With Disabilities Act: Are You In Compliance?” Webinar, presented by Seyfarth Shaw LLP (February 6, 2013)
“5 Trends Shaping ADA Compliance For Bank Web Sites,” Webcast, presented by Deque Systems (November and December 30, 2012)
“Law and Order: Special Hospitality Unit,” 2012 International Society of Hotel Association Executives Winter Conference (December 6, 2012)
“What The Hospitality Industry Should Expect In The Next Four Years,” Webinar, presented by Seyfarth Shaw LLP (November 15, 2012)
“ADA in Your Hotel and Your Workforce,” International Hotel, Motel & Restaurant Show (November 11, 2012)
“Recent Developments under the Americans with Disabilities Act,” 2012 Georgetown U. Law Center Hotel & Lodging Legal Summit (November 9, 2012)
“ADA Title III and Fair Housing Act Developments,” 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," Webcast, presented by American Hotel & Lodging Association and Seyfarth Shaw LLP (November 2011)
“New ADA Title III Regulations: Will Your Lodging Facility Be in Compliance on March 15, 2012?” Webcast, presented by American Hotel & Lodging Association and Seyfarth Shaw LLP (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 LLP (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 (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,” Webcast, sponsored by Lexington Insurance/Chartis for Insureds (October 14, 2010)
“A Hotelier’s Guide to the New ADA Title III Regulations,” Webcast, presented by Seyfarth Shaw LLP and the American Hotel & Lodging Association (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,” Webcast, presented by Seyfarth Shaw LLP and the Retail Industry Leaders Association (September 2010)
“Persuade Your Audience: Tips on Perfecting Your Legal Writing,” 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)