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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

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

BakerHostetler

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In This Issue: - FTC Enforcement Action Slain by 11th Circuit - Chris Farley IP Holder Settles With Bike Company - California Pushes Auto-Renewal Regs in New Directions - Plaintiff Should Cop to COPPA, Google Claims -...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

Womble Bond Dickinson

LabMD Ruling Heralds a New Era in Data Security Regulation

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Companies have a responsibility to protect the sensitive employee and consumer data they hold, but we do not know how much of their revenues must be spent on this effort before it is considered enough. We do not know what...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

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

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

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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

McGuireWoods LLP

FTC’s Loss in the Eleventh Circuit Will Not Impede Data Security Enforcement

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In the matter of LabMD Inc. v. Federal Trade Commission, case number 16-16270, the U.S. Court of Appeals for the Eleventh Circuit ruled against the FTC, finding that the order against LabMD for lax data security measures was...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

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

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

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

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

McGuireWoods LLP

LabMD Successfully Delays FTC’s Data Security Enforcement During Appeal

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In another twist in the LabMD case, LabMD has succeeded in obtaining a delay on the FTC’s enforcement action during its appeal. Of course, the substantive issues remain to be determined. In 2013, the Federal Trade...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

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

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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

BakerHostetler

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

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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

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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