The latest updates to a case this blog has been following: The FTC has responded to LabMD’s motion for a protective order to quash numerous subpoenas for discovery and to dismiss the complaint with prejudice. On the matter of the protective order, the court granted in part and denied in part, and denied the request…
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Meanwhile, in FTC v. LabMD….
Just to keep everyone apprised on developments in the case this month: LabMD filed a motion to quash 35 subpoenas that had been issued on one day. And on November 12, LabMD filed its motion to dismiss the FTC complaint with prejudice and to stay administrative proceedings. In their motion to dismiss, LabMD raises essentially the same arguments that…
A good day for the FTC in federal court?
I didn’t get to Newark for oral argument on Wyndham’s motion to dismiss the FTC’s complaint about their data security, but from early media coverage tonight, it sounds like things went pretty well for the FTC. From the quotes provided in coverage by the Wall Street Journal and Bloomberg Businessweek, it sounds like Judge Salas…
Meanwhile, back in court: Tiversa sues LabMD for defamation, seeks to block publication of book by LabMD CEO (updated)
Back in July, I reported that LabMD had unsuccessfully attempted to sue Tiversa in Georgia for allegedly stealing its property. At issue was a file containing PHI on 1,718 patients that Tiversa had downloaded as part of a research project after the file was exposed via P2P software on LabMD’s system. In its 2009 press release…
FTC Files Complaint Against LabMD for Failing to Protect Consumers' Privacy
More action in another case I’ve followed on this blog involving LabMD (previous coverage here). A notice today from the FTC: The Federal Trade Commission filed a complaint against medical testing laboratory LabMD, Inc. alleging that the company failed to reasonably protect the security of consumers’ personal data, including medical information. The complaint alleges that…
Senator Toomey reintroduces bill to preempt state data breach notification laws
John Eggerton reports that Senator Pat Toomey (R-PA) has introduced the “Data Security and Breach Notification Act of 2013” (S. 1193). Although the bill’s text is not yet available online, it’s reportedly the same bill he introduced last year: In the event of data breaches, “the bill would direct companies possessing personal data to notify…