Jessica Lyons Hardcastle reports: LabMD, the embattled and now defunct cancer-testing company, will get another chance at suing security firm Tiversa for defamation following an appeals court ruling. The testing laboratory has long alleged that: Tiversa illegally obtained a 1,178-page computer file containing confidential data on more than 9,000 LabMD patients back in 2008; lied…
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FTC Takes Tougher Data Security Stance After LabMD Fight
Sara Merken reports: The Federal Trade Commission is issuing specific data security requirements to companies as part of agency settlements, policing businesses more aggressively than before, attorneys and former staff said. Proposed settlements reached this year with LightYear Dealer Technologies LLC, ClixSense.com, Unixiz Inc, and D-Link Systems Inc. show what the FTC is expecting in…
The 3 Biggest Data Security Takeaways From The 11th Circuit Decision In FTC v. LabMD
After providing some history the LabMD enforcement action by FTC, and the former’s appeal to the 11th Circuit, Tom Kulik of Scheef & Stone, LLP outlines what he considers the three biggest data security takeaways from the case. You can read his article on Above the Law.
11th Circuit Decision in LabMD Case Could Have Repercussions Beyond the FTC
F. Paul Greene and Daniel J. Altieri consider the landscape after the 11th Circuit’s decision in the LabMD case, noting the state-level Unfair and Deceptive Acts and Practices (“UDAP”) laws and The Nationwide Assurance of Voluntary Compliance may become more prominent as tools for data security enforcement actions. They write, in part: The Nationwide Assurance…
Was LabMD Hacked? A Key Issue in Lawsuit Against FTC Lawyers
Craig A. Newman of Patterson Belknap writes: Did LabMD, the now-defunct cancer testing company, expose sensitive patient information with shoddy data security practices as U.S. regulations have charged, or was the company victimized by a private forensics firm extorting it for business – raising the troubling question of whether the entire case against LabMD was…
LabMD litigators on what case says about US cyber regulation
David Cohen, Douglas Meal, and Michelle Visser of Ropes and Gray, the firm that represented LabMD against the FTC, write: Representing LabMD in its successful petition to the U.S. Court of Appeals for the 11th Circuit has been a fascinating experience in a number of ways. One of those is what the case reinforced for…