News & Analysis as of

Data Security Section 5 Administrative Law Judge (ALJ)

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

Alston & Bird

LabMD: The End of the FTC in Cyber, or Just a New Path?

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Our Privacy & Data Security Group reviews the Eleventh Circuit’s decision narrowing the FTC’s authority to impose broad cybersecurity measures on defendants, but cautions it would be a mistake to interpret the ruling as...more

Poyner Spruill LLP

LabMD Wins Moral Victory While FTC Authority Over Cybersecurity Remains Unresolved

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In the latest episode of a long running saga, the Eleventh Circuit has ruled against the Federal Trade Commission (FTC) in its years-long battle with LabMD Inc. The Court vacated the FTC’s order requiring LabMD to implement a...more

WilmerHale

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

WilmerHale on

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

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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

BakerHostetler

11th Circuit Issues Opinion Vacating Order That Required LabMD to Overhaul Its Data Security Program

BakerHostetler on

On June 6, the 11th Circuit issued its long-awaited decision on LabMD Inc. v. Federal Trade Commission, vacating as unenforceable the Federal Trade Commission’s (FTC’s) cease and desist order that required LabMD to create and...more

Patterson Belknap Webb & Tyler LLP

LabMD Wins Long-Running Data Security Case Against FTC

In a closely watched test of the Federal Trade Commission’s authority as a data security regulator, the U.S. Court of Appeals for the Eleventh Circuit late yesterday sided with LabMD and threw out the agency’s long-running...more

Patterson Belknap Webb & Tyler LLP

11th Circuit Hears Oral Argument in LabMD Case

Recently, the United States Court of Appeals for the Eleventh Circuit, sitting in Miami, heard oral argument in the case of LabMD, Inc. v. Federal Trade Commission, No. 16-16270. ...more

Patterson Belknap Webb & Tyler LLP

A question of harm: LabMD to face off with FTC at 11th Circuit

In a consequential test of the Federal Trade Commission’s authority as a data security regulator, the U.S. Court of Appeals for the Eleventh Circuit will hear argument tomorrow in a case that will determine whether the agency...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

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

WilmerHale

Eleventh Circuit Grants Stay of FTC Order Against LabMD, Calling into Question FTC’s Interpretation of “Unfairness” Authority...

WilmerHale on

On November 10, the US Court of Appeals for the Eleventh Circuit granted LabMD’s motion to stay enforcement, pending appeal, of a Federal Trade Commission (FTC) order against the company for its allegedly deficient data...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

McGuireWoods LLP

UPDATE: Got Data? Actual Harm Not Required for FTC Enforcement Action for Lax Security Measures

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As anticipated, things are getting even more exciting with the case previously covered in Password Protected. Specifically, LabMD is appealing the landmark data security case between it and the Federal Trade Commission...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

Robinson+Cole Data Privacy + Security Insider

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

Cozen O'Connor

FTC Overturns ALJ’s LabMD Decision and Reasserts its Role as a Data Security Enforcer

Cozen O'Connor on

On July 29, 2016, the Federal Trade Commission (“FTC” or “Commission”) reversed an FTC administrative law judge’s (“ALJ”) opinion which had ruled against the FTC, finding that the Commission had failed to show that LabMD’s...more

Saul Ewing LLP

FTC Finds Laboratory Security Practices Caused Consumer Harm

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On July 28, 2016, a panel (the “FTC Panel”) of three acting Federal Trade Commission (“FTC”) commissioners issued an opinion that found that LabMD, Inc. (“LabMD”) failed to implement reasonable security measures to protect...more

BakerHostetler

Unanimous FTC Finds LabMD’s Data Security Practices Violated Section 5 of the FTC Act

BakerHostetler on

On July 29, 2016, a unanimous Federal Trade Commission (“FTC” or “Commission”) issued its Opinion and Final Order reversing the decision of an administrative law judge (“ALJ”) and holding that LabMD engaged in “unfair”...more

McGuireWoods LLP

Got Data? Actual Harm Not Required for FTC Enforcement Action for Lax Security Measures

McGuireWoods LLP on

While much of Washington, D.C. is enjoying the slow and hazy days of summer, the Federal Trade Commission (FTC) is staying busy solidifying its presence as the go-to authority for data security. Most recently, on July 29,...more

Ballard Spahr LLP

Lessons for Businesses from FTC’s Opinion on LabMD’s Data Security Practices

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The Federal Trade Commission (FTC) has issued an Opinion and Final Order finding that the data security practices of LabMD, Inc. were unreasonable, and therefore constituted an unfair act or practice in violation of Section 5...more

Snell & Wilmer

The FTC Rules Against LabMD in On-Going Data Security Case

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The lengthy saga between the Federal Trade Commission (FTC) and LabMD, Inc. reached another turning point on July 28, 2016. The FTC issued its unanimous Opinion in which it found that LabMD’s data security practices were...more

King & Spalding

FTC Expands Its Role In Cybersecurity Enforcement By Reviving LabMD Action

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On Friday, July 29, 2016, the Federal Trade Commission (“FTC” or the “Commission”) overturned the decision of one of its administrative law judges (“ALJ”) from November 2015 in a suit against LabMD, Inc., now finding LabMD...more

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