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…
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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….
BREAKING NEWS: Eleventh Circuit vacates FTC order against LabMD
The Court of Appeals for the Eleventh Circuit has vacated the Federal Trade Commission’s order: This is an enforcement action brought by the Federal Trade Commission (“FTC” or “Commission”) against LabMD, Inc., alleging that LabMD’s data- security program was inadequate and thus constituted an “unfair act or practice” under Section 5(a) of the Federal Trade…
LabMD Appeal Has Privacy World Waiting
Craig A. Newman writes: It is the case that could define the scope of the U.S. Federal Trade Commission’s authority in data security. The U.S. Court of Appeals for the Eleventh Circuit heard argument six months ago in LabMD, Inc. v. Federal Trade Commission. As readers of this blog know, the case turns on what…
Judges Question FTC Data Security Standard at LabMD Argument
Jimmy Koo reports: The Federal Trade Commission’s data security enforcement standard came under fire June 22 from a panel of federal appeals court judges ( LabMD, Inc. v. FTC , 11th Cir., No. 16-16270, oral argument 6/21/17 ). As predicted, the level of harm required for the FTC to act was “front and center” during…
A question of harm: LabMD to face off with FTC at 11th Circuit
Craig A. Newman writes: In a consequential test of the Federal Trade Commission’s authority as a data security regulator, the U.S. Court of Appeals for the Eleventh Circuit will hear argument tomorrow in a case that will determine whether the agency must show a concrete consumer injury as an element of an enforcement action, just…