Attorneys at Ropes & Gray, the law firm representing LabMD in LabMD vs. FTC, write: On June 6, 2018, at the urging of Ropes & Gray, the U.S. Court of Appeals for the Eleventh Circuit vacated an order that the Federal Trade Commission (the “FTC”) had imposed on LabMD, Inc. (“LabMD”) to overhaul the cancer…
Category: Commentaries and Analyses
There’s a big problem for the FTC lurking in 11th Circuit’s LabMD data-security ruling
Alison Frankel writes about what she calls the less obvious takeaway from the 11th Circuit’s LabMD opinion: FTC enforcement actions for unfair practices cannot be based just on consumer injury, even “substantial” injury. This is going to get wonky, but, trust me, it’s what cybersecurity defense lawyers are already buzzing about. Read more on Reuters….
The Supreme Court Will Rule on Data Breach Class Arbitration Suit
Jason C. Gavejian and Maya Atrakchi of Jackson Lewis write: The U.S. Supreme Court recently granted a petition for review of a data breach lawsuit addressing the issue of whether parties can pursue a class arbitration when the language in the arbitration agreement does not explicitly allow for such, Lamps Plus, Inc. v. Varela , No. 17-988,…
France: New “Data Security Kit” Published by the ANSSI
Denise Lebeau-Marianna and Caroline Chancé of DLA Piper write: …. In order to help organizations perform secure personal data processing and improve the overall digital security in France, the ANSSI has made available on its website (in French), a practical tool supplementing the French data protection supervisory authority’s (CNIL) own guidelines and recommendations on how…
UK: Grant West, aka “Courvoisier,” sentenced to 10 years and eight months
A prolific computer hacker has been jailed for 10 years and eight months for stealing financial data and passwords belonging to tens of thousands of people in order to sell the information on the dark web. Grant West, 26, sent “phishing” emails, designed to look as if they came from legitimate businesses, to target customers…
Aetna, still looking for scapegoat in HIV disclosure fiasco, sues plaintiffs firms
This case is the stuff derisive tweeters live for. Seriously. Aetna is only making itself look worse and worse. Alison Frankel reports: Aetna has intensified its search for someone else to blame for a settlement notification fiasco that has so far put the company on the hook for nearly $20 million. Aetna stands accused, as…