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Data Security Appeals Federal Trade Commission (FTC)

Mintz - Privacy & Cybersecurity Viewpoints

The FTC Sets Its Sights on Biometric Information

Does your business collect or use fingerprints?  Do your building access points use retina, finger, or palm scans?  Does your security office use facial recognition technology to identify repeated trespassers? Do your phone...more

Snell & Wilmer

The Anatomy of an FTC Data Security Lawsuit

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The Federal Trade Commission (“FTC”) has described itself as “Your cop on the privacy beat” and a top federal regulator of consumer-facing data security practices. An example of how the FTC asserts itself when it comes to...more

Fenwick & West LLP

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

Fenwick & West LLP on

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

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - June 2018

In this month's edition of our Privacy & Cybersecurity Update, we examine the Eleventh Circuit's decision to vacate an order against LabMD regarding FTC cease-and-desist orders, new data breach notification laws in three U.S....more

Snell & Wilmer

Data Security Update: 11th Circuit Vacates FTC Order Against LabMD

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Earlier this month, in a much anticipated decision, the 11th U.S. Circuit Court of Appeals vacated the Federal Trade Commission’s (FTC) cease and desist order against LabMD, Inc. The 11th Circuit concluded that the FTC’s...more

Wilson Sonsini Goodrich & Rosati

Eleventh Circuit LabMD Decision Significantly Restrains FTC's Remedial Powers in Data Security and Privacy Actions

The U.S. Court of Appeals for the Eleventh Circuit recently released its highly anticipated decision in the long-running case pitting the now-defunct medical laboratory LabMD against the Federal Trade Commission (FTC),...more

Lowndes

Eleventh Circuit Overturns FTC LabMD Order

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In a landmark decision, the United States Court of Appeals for the Eleventh Circuit vacated a Federal Trade Commission (“FTC”) cease and desist order which directed LabMD, a relatively small and now-defunct cancer testing...more

WilmerHale

Eleventh Circuit Concludes FTC Data Security Order Unenforceable Because Standards Not Specific Enough

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On June 6, the U.S. Court of Appeals for the Eleventh Circuit vacated a cease-and-desist order by the Federal Trade Commission (FTC) issued against LabMD, Inc. (LabMD) arising from an FTC enforcement action alleging that...more

Dechert LLP

Appellate Court Directs FTC to Be More Specific in its Data-Security Orders

Dechert LLP on

In a closely watched data-security case, the U.S. Court of Appeals for the Eleventh Circuit vacated as unenforceable a cease and desist order issued by the U.S. Federal Trade Commission (FTC) against LabMD, Inc. According to...more

Robinson+Cole Data Privacy + Security Insider

LabMD Wins Against FTC—11th Circuit Vacates Enforcement Order Against It

We have been watching the LabMD/FTC case for a long time. We have written about it, read the book about it that was hand delivered to our office by the CEO of LabMD, debated it in privacy law class and marveled at the energy...more

Dorsey & Whitney LLP

FTC’s Data Security Authority Curbed by 11th Circuit

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The Federal Trade Commission (“FTC”) has long been considered the agency best suited to regulate data security. The Eleventh Circuit dealt a serious setback to that authority yesterday in LabMD v. FTC, No. 16-16270, striking...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - April 2018

In this month's edition of our Privacy & Cybersecurity Update, we examine the EU's General Data Protection Regulation going into effect despite some member states lacking in local necessary legislation, a pair of U.S. states'...more

Manatt, Phelps & Phillips, LLP

Advertising Law - March 2017

FTC Fights Back in LabMD Suit - The Federal Trade Commission demonstrated its intention to fight for the power to regulate data security by filing a 111-page brief with the U.S. Court of Appeals for the Eleventh Circuit in...more

Patterson Belknap Webb & Tyler LLP

LabMD’s 11th Circuit FTC Appeal: The Opening Shot

Firing the opening salvo in its appeal of one of the most controversial data security decisions by the U.S. Federal Trade Commission in years, LabMD accused the agency of overstepping its authority and “destroy[ing] [the]...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Privacy & Cybersecurity Update - November 2016"

In this month's Privacy & Cybersecurity Update, we review an 11th Circuit case involving the longstanding battle between the FTC and medical company LabMD, recent NIST guidelines for securing devices connected to the...more

Moore & Van Allen PLLC

The FTC Faces an Embarrassing Set-Back in its Data Security Enforcement Authority as the LabMD Saga Continues

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On November 10th, the Eleventh Circuit Court of Appeals handed an embarrassing defeat to the Federal Trade Commission and an early Christmas present to LabMD, Inc. in the ongoing David and Goliath battle between the...more

Patterson Belknap Webb & Tyler LLP

LabMD Scores Early Win in FTC Appeal

The fight between the Federal Trade Commission and LabMD, the defunct medical testing lab, entered a new chapter late yesterday. In a 13-page ruling, the U.S. Court of Appeals for the Eleventh Circuit said that LabMD’s...more

Manatt, Phelps & Phillips, LLP

Advertising Law - August 2016 #3

ANA, 4As Battle Over Transparency Guidance - Two industry groups are engaging in a public battle over transparency. The dispute began when a joint task force was formed between the American Association of...more

Patterson Belknap Webb & Tyler LLP

FTC Slaps Down ALJ’s Data Security Ruling in LabMD, Sets Broad Mandate for Protection of “Sensitive” Consumer Data

In a sweeping statement of its data security expectations for organizations that maintain consumer information, the Federal Trade Commission on Friday found that LabMD, the defunct medical testing lab, failed to employ...more

Patterson Belknap Webb & Tyler LLP

FTC Delays Ruling in LabMD Appeal

The Federal Trade Commission has decided to put off until late July a decision about whether to overturn a ruling by the agency’s chief administrative law judge in the closely watched data security action against LabMD, the...more

Ballard Spahr LLP

FTC Can Regulate Cybersecurity Practices, Third Circuit Rules

Ballard Spahr LLP on

The Federal Trade Commission (FTC) can regulate cybersecurity policies and procedures as “unfair” acts or practices under Section 5 of the FTC Act, the U.S. Court of Appeals for the Third Circuit has ruled in a very important...more

McNees Wallace & Nurick LLC

3rd Circuit Says: FTC Can Take Action Against Companies That Suffer Data Security Breaches

Companies can be fined by the federal government for failing to properly safeguard consumer data, according to a decision this week by Pennsylvania's federal appellate court....more

Bilzin Sumberg

New Potential Liability for Data Security: U.S. Court of Appeals for the Third Circuit Announces FTC has Authority to Scrutinize a...

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The U.S. Court of Appeals for the Third Circuit announced that the Federal Trade Commission (FTC) has the authority to scrutinize a business’s data security protocol -- and to file a complaint if the FTC finds that protocol...more

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