Civil Procedure Privacy Antitrust & Trade Regulation

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Sixth Circuit Denies Seal of Approval for Unjustified Filings Under Seal

Litigants and third parties subpoenaed to produce information in litigation who believe that information that they deem confidential will not ever become part of the public record so long as a discovery protective order is in...more

LabMD Seeks Stay of FTC’s Final Order Pending Appeal

Not surprisingly, on August 30, 2016, LabMD filed its Application for a Stay of the Final Order of the Federal Trade Commission (FTC) pending review of the order by the appellate court. But since the matter is still pending...more

FTC Reverses Its ALJ and Finds LabMD Section 5 Violation

The Federal Trade Commission recently vacated the decision of its Chief Administrative Law Judge and on July 29, 2016 entered a final order against LabMD potentially expanding previous interpretations of what constitutes...more

TCPA Connect - July 2016

FCC: U.S. Government Is Not a Person Under TCPA - In response to petitions filed by three government contractors seeking clarification that the federal government and its agents were exempt from liability under the...more

District Court Ruling in FTC v. Amazon Carries Implications for Data Security Breach Cases

Since the outset of its controversial foray into the data security space, the Federal Trade Commission (“FTC” or “Commission”) has cited its statutory power to seek injunctive relief as a basis for bringing actions against...more

LabMD’s Waiting Game: Lingering Questions over FTC’s Authority in Data Security Matters

A contentious legal battle over data security between the Federal Trade Commission and LabMD, a small medical testing lab, is chronicled in the latest edition of Bloomberg Businessweek. Dune Lawrence’s report raises...more

Facebook Accused on an Abuse of Dominance by German Competition Regulator

On the 2nd March 2016, the German Federal Cartel Office (FCO) initiated proceedings against Facebook’s European and German entities, accusing the company of abusing its market power. The case follows a logical progression of...more

FTC Settles with Router Manufacturer for Security Failure

As the number of smart devices in homes connected to the Internet continues to grow, the need to keep home networks secure becomes increasingly important. Device manufacturers that promise to secure these home networks,...more

FTC and Wyndham Settle Suit Regarding Wyndham's Alleged Cybersecurity Failures

On December 9, 2015, the Federal Trade Commission (the "FTC") and Wyndham Worldwide Corporation (and three additional Wyndham entities, collectively, "Wyndham") filed a stipulated order ("Stipulated Order") settling their...more

FTC files brief in LabMD appeal

We previously reported that the Federal Trade Commission (FTC) lost its case against LabMD alleging that LabMD had inadequate security measures to prevent an alleged data breach....more

Legal Trends: Anti-Spam

As expected, since Canada’s Anti-Spam Legislation (CASL) came into force, the Canadian Radio-television and Telecommunications Commission (CRTC) has been actively enforcing CASL’s anti-spam provisions. In 2015, the CRTC...more

LifeLock to Pay $100 Million to Settle Charges it Violated 2010 Court Order

The Federal Trade Commission (FTC) recently approved a $100 million settlement with LifeLock, Inc. to resolve allegations that it violated a 2010 federal court order by failing to take steps required to protect its users’...more

The FTC Strikes Back: LifeLock, Inc. Agrees to $100 Million Payout

On December 17, 2015, the Federal Trade Commission (FTC) announced a $100 million settlement with LifeLock, Inc., to resolve litigation with the FTC and a national class of consumers relating to LifeLock’s marketing...more

FTC and Wyndham Settle Data Security Allegations

On December 9, 2015, the Federal Trade Commission announced that Wyndham Worldwide Corp., Wyndham Hotel Group LLC, Wyndham Hotels and Resorts, LLC, and Wyndham Hotel Management, Inc. (“Wyndham”) had agreed to settle FTC...more

Re-Thinking “Substantial Injury”: The FTC’s Potential New Need for Victims

Last month, the Federal Trade Commission’s Chief Administrative Law Judge dismissed the Commission’s long-running data security case against LabMD because it failed to prove that there was an actual or reasonably imminent...more

LabMD sues FTC lawyers and FTC appeals decision

We previously reported that LabMD had a big victory in the case filed against it by the Federal Trade Commission (FTC). There was speculation as to whether or not the FTC would appeal the decision....more

Wyndham Ruling Reinforces FTC's Role in Cybersecurity Regulation

In Federal Trade Commission v. Wyndham Worldwide Corporation, the United States Court of Appeals for the Third Circuit held that the Federal Trade Commission (FTC) has authority to regulate cybersecurity under 15 U.S.C. §...more

FTC Loses in LabMD Data Security Case: ALJ Sets High Bar for Consumer Harm

On November 13, 2015, an administrative law judge (“ALJ”) ruled against the Federal Trade Commission (“FTC”) in its high-profile data security case against LabMD. The ALJ ruled that the FTC had failed to show that LabMD’s...more

Blog: FTC Enforcement Powers Limited in LabMD Data Security Case

Federal Trade Commission ("FTC") charges against the cancer-screening laboratory LabMD, stemming from two data breaches involving sensitive personal information of thousands of consumers were dismissed in a decision made...more

FTC Administrative Law Judge To FTC: "Not So Fast On Data Security Enforcement!"

After repeatedly losing various challenges to the Federal Trade Commission's ("FTC's") authority to investigate and sanction it for alleged data security violations, LabMD Inc. ("LabMD") has finally come out on top, at least...more

FTC Fails to Prove Case Against LabMD

Last Friday, Chief Administrative Law Judge D. Michael Chappell ruled that the FTC had failed to prove its case against LabMD and dismissed the FTC's Complaint. LabMD is one of only two companies (the other being Wyndham) to...more

ALJ Rules Against FTC in LabMD Data Security Action: Sets High Bar for Proving Consumer Harm

Last June we wrote about the FTC’s enforcement action against LabMD, a medical testing laboratory, which was forced to wind down its business because of the costs associated with challenging the FTC since 2013. Using its...more

FTC Jurisdiction in Data Security Regulation Potentially Limited in FTC v. LabMD

A November 13, 2015 decision from the Federal Trade Commission’s Chief Administrative Law Judge, D. Michael Chappell, calls into question FTC jurisdiction in the data privacy space. The case began when the FTC filed a...more

FTC Blasted in LabMD Data Security Case

In a long-running and highly contentious data security enforcement action against LabMD, a small medical testing laboratory, the Federal Trade Commission was handed a stunning defeat late Friday. In a 92-page ruling, Chief...more

Which Way is the “Wyndham” Blowing? Cyber Regulation After FTC vs. Wyndham

Does the Third Circuit’s recent decision in FTC v. Wyndham Worldwide Corp. usher in a new era of enforcement by the FTC and other federal agencies regarding cybersecurity practices? Regardless of the answer, it is important...more

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