DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

With FTC v. LabMD stalled, FTC tries to move the hearing forward

Posted on August 13, 2014 by Dissent

For those following FTC. v. LabMD, here’s a small update.

The FTC’s administrative hearing against LabMD came to a screeching halt at the end of May when the House Oversight Committee indicated that it was investigating whether the FTC had based its case against LabMD on erroneous or inaccurate information provided by Tiversa. In the middle of the allegations is a former employee of Tiversa, Rick Wallace, who invoked his 5th Amendment rights when called to testify in the FTC’s administrative case. Wallace sought immunity from the House Oversight Committee, but shocker: it seems to have become a partisan issue.

The immunity was not immediately forthcoming, with Issa publicly calling for the Democrats on the House Oversight Committee to view the proffer Wallace had provided. But the ranking Democrat on the Committee – and Senator Jay Rockefeller – raised objections to the House investigating the FTC while a case was still in progress.

And that’s pretty much where things have sat since June, with the House now in August recess.

Under the FTC’s own administrative procedures, attorneys for LabMD can seek immunity for Wallace under Rule 39. They didn’t, however, waiting to see if the House would provide the immunity, and now the FTC is pushing the issue. In a motion filed August 5, the FTC seeks to compel LabMD to file for immunity for Wallace under Rule 39 or to resume the evidentiary hearing:

Pursuant to Federal Trade Commission Rule of Practice 3.22, Complaint Counsel respectfully moves for an order requiring Respondent’s counsel to file a request under Rule 3.39 for an order requiring Richard Wallace to testify before this Court and granting immunity.

If Respondent’s counsel fails to file a request for such an order within fourteen days of this Court granting Complaint Counsel’s motion, Complaint Counsel respectfully moves that this Court resume the evidentiary hearing so Respondent can complete its case and this Court can proceed toward rendering a decision in this matter.

Complaint Counsel met and conferred with counsel for Respondent on the subject of this motion, but was unable to reach agreement.


Related:

  • CISA Alert: Reported Supply Chain Compromise Affecting XZ Utils Data Compression Library, CVE-2024-3094
  • System Status Note
  • System Status Note
  • System Status Note
  • Fraudster's fake data breach claims should remind media to be careful what we report
  • "Pompompurin" taken into custody after violating conditions of pre-sentencing release on bond (1)
Category: Uncategorized

Post navigation

← Hackers get thousands of government workers’ info from Healthways subcontractor
14 Individuals Charged with Trafficking Identities of Puerto Rican U.S. Citizens →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Scattered Spider Hijacks VMware ESXi to Deploy Ransomware on Critical U.S. Infrastructure
  • Hacker group “Silent Crow” claims responsibility for cyberattack on Russia’s Aeroflot
  • AIIMS ORBO Portal Vulnerability Exposing Sensitive Organ Donor Data Discovered by Researcher
  • Two Data Breaches in Three Years: McKenzie Health
  • Scattered Spider is running a VMware ESXi hacking spree
  • BreachForums — the one that went offline in April — reappears with a new founder/owner
  • Fans React After NASCAR Confirms Ransomware Breach
  • Allianz Life says ‘majority’ of customers’ personal data stolen in cyberattack (1)
  • Infinite Services notifying employees and patients of limited ransomware attack
  • The safe place for women to talk wasn’t so safe: hackers leak 13,000 user photos and IDs from the Tea app

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • Congress tries to outlaw AI that jacks up prices based on what it knows about you
  • Microsoft’s controversial Recall feature is now blocked by Brave and AdGuard
  • Trump Administration Issues AI Action Plan and Series of AI Executive Orders
  • Indonesia asked to reassess data privacy terms in new U.S. trade deal
  • Meta Denies Tracking Menstrual Data in Flo Health Privacy Trial
  • Wikipedia seeks to shield contributors from UK law targeting online anonymity
  • British government reportedlu set to back down on secret iCloud backdoor after US pressure

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.