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Data Protection LabMD

White & Case LLP

US Cybersecurity Standards to Get Tougher and More Specific: FTC and NYDFS Lead the Way

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In the past few years, cybersecurity has taken on increasing importance in the eyes of lawmakers and regulators. Traditionally, cybersecurity compliance that is tied to the protection of personal information generally has...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert l March 2020

Shook Weighs in on Updated CCPA Regulations - In response to extensive public comment, the California Attorney General’s office released modified draft regulations under the CCPA on February 7. Shook has provided initial...more

Seyfarth Shaw LLP

FTC Touts Refined Approach to Data Security Enforcement

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Synopsis: On January 6, 2020, Andrew Smith, director of the Federal Trade Commission’s Bureau of Consumer Protection, outlined in a blog post the agency’s new approach to data security orders. The agency implemented this...more

Orrick, Herrington & Sutcliffe LLP

Recent FTC Cybersecurity Settlements Highlight Benefits and Risks of Settling vs. Litigating

Amidst mounting pressure to pursue cybersecurity more aggressively, the Federal Trade Commission (“FTC”), the federal government’s most active enforcer in the space, has recently imposed increasingly stringent cybersecurity...more

King & Spalding

FTC Commissioners Explore Path for Data Security Enforcement Following Major Eleventh Circuit Decision Vacating Common FTC Order...

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In LabMD v. FTC, the Eleventh Circuit vacated an order requiring a company to implement a data security program “reasonably designed” to protect information. Following the LabMD decision, the FTC announced a series of public...more

Alston & Bird

The Digital Download – Alston & Bird’s Privacy & Data Security Newsletter – October 2018

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Features - International Updates (Excluding the EU) - India’s Draft Data Protection Bill: Another GDPR Around the Corner? India recently introduced the Personal Data Protection Bill 2018. ...more

Patterson Belknap Webb & Tyler LLP

LabMD Update: DC Circuit Rejects Rehearing in Suit Against FTC Lawyers

Editor’s Note: This blog post was originally published last week. Since then, the U.S. Court of Appeals for the District of Columbia has summarily rejected LabMD’s request to reconsider its earlier ruling that two Federal...more

Fenwick & West LLP

Takeaways From the 11th Circuit’s Reversal of the FTC’s Data Security Order Against LabMD

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The U.S. Court of Appeals for the Eleventh Circuit on June 6 issued its long-awaited decision in LabMD v. Federal Trade Commission, vacating a Federal Trade Commission cease and desist order directing LabMD to overhaul its...more

Jackson Lewis P.C.

Vague FTC Order Addressing Data Security Struck Down By Federal Appellate Court

Jackson Lewis P.C. on

In a significant ruling that calls into question the Federal Trade Commission’s (“FTC”) authority to regulate a private company’s data security program, a federal appellate court of appeals ruled that the agency’s cease and...more

Patterson Belknap Webb & Tyler LLP

Judge Hits Pause Button on LabMD’s Hacking Cover-Up Suit Against Former U.S. Attorney

A federal judge in New York has dismissed LabMD’s lawsuit against a former United States Attorney – which charged her with ethics violations and engaging in a cover-up over her role in an U.S. Federal Trade Commission data...more

Lowndes

A Primer On FTC Cybersecurity Enforcement

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According to the Breach Level Index, the total number of data records lost or stolen in just the first half of 2016 was 554,454,942, stemming from 974 breach incidents. In the entire year of 2015, there were 707.5 million...more

Alston & Bird

The Digital Download - Privacy & Data Security Monthly Newsletter - January 2016

Alston & Bird on

Senior Counsel Peter Swire to Debate European Privacy Activist Max Schrems. The debate, set to take place on January 26 in Brussels, will highlight key differences between certain European and U.S. attitudes towards U.S....more

BakerHostetler

LabMD and Wyndham Decisions Curtail FTC’s Data Privacy and Security Reach

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Both the administrative law judge’s decision in LabMD and the Third Circuit’s recent decision in Wyndham, which we previously blogged about, put the FTC on notice that it cannot assume that in the wake of a security breach,...more

Ballard Spahr LLP

Company Prevails in Challenge to FTC Data Security Complaint

Ballard Spahr LLP on

A recent decision by the Federal Trade Commission (FTC) Chief Administrative Law Judge (ALJ) dismissed the FTC’s complaint against LabMD, Inc. (LabMD) asserting the company’s alleged failure to protect consumer data in two...more

Akin Gump Strauss Hauer & Feld LLP

FTC Suffers a Setback in its Quest to Challenge Lax Corporate Cybersecurity Practices: ALJ Dismisses FTC’s LabMD Complaint

On November 13, 2015, Federal Trade Commission (FTC) Chief Administrative Law Judge Michael Chappell dismissed a suit brought by the FTC alleging that LabMD’s failure to implement reasonable and appropriate data security...more

Foley & Lardner LLP

FTC Case Against LabMD Dismissed Due to Lack of Harm

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This past Friday the 13th was not a lucky day for the Federal Trade Commission (FTC). An Administrative Law Judge (ALJ) dismissed the FTC’s data security enforcement proceeding against LabMD on the grounds that the FTC failed...more

Baker Donelson

A New Sheriff in Town: Federal Trade Commission Enforcement of Medical Information Security

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A recent court decision found that the Federal Trade Commission (FTC) has authority to enforce the requirements for security of Protected Health Information, or PHI, as defined under the Health Information Portability and...more

Baker Donelson

FTC Ordered to Testify Regarding Data Security Standards in LabMD Dispute

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The Federal Trade Commission (FTC) has suffered a significant setback in its ongoing dispute with LabMD, a now-closed medical laboratory that the FTC charged with failing to adopt reasonable data security practices that...more

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