We have been following this case closely, and you can read other posts on this case and get up to speed here.

On April 16, the administrative law judge in the FTC v. LabMD case denied LabMD’s request to exclude the FTC from introducing new evidence into the proceeding regarding how Tiversa Holding Corp. came into possession of LabMD’s patient information. LabMD argued that the documents and evidence should be excluded as they had not been produced in response to a subpoena issued in September of 2013 and were withheld by Tiversa. The Judge indicated that the documents may be admissible on rebuttal following LabMD’s presentation of its case.

In related LabMD news, the Eleventh Circuit Court of Appeals this week denied LabMD’s request for an en banc rehearing relating to LabMD’s claim that the FTC has exceeded its authority to regulate companies’ data security practices.

The LabMD/FTC fight will come to the ring on May 5 before the administrative law judge.  We will be watching it closely and will keep you up to date on developments.

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