Jimmy H. Koo reports: The Federal Trade Commission will have an opportunity to justify its data security enforcement authority when oral argument in LabMD Inc. v. FTC starts June 21 before the U.S. Court of Appeals for the Eleventh Circuit, attorneys told Bloomberg BNA. One of the critical issues likely to emerge in the case…
Search Results for: LabMD
LabMD: Is the FTC’s data security joy ride finally coming to an end?
Here’s your must-read today on LabMD’s challenge to the FTC by Gus Hurwitz, who, like this blogger, has been criticizing the FTC’s over-zealous enforcement for the past three years. Unlike this blogger, however, Gus is actually a lawyer. 🙂 When LabMD prevails in the Eleventh Circuit, as I am hopeful they will, I will talk to Gus…
Court grants stay in FTC v. LabMD
The Court of Appeals for the Eleventh Circuit has granted LabMD’s request for a stay of FTC’s final order in FTC v. LabMD. From the opinion: First, it is not clear that a reasonable interpretation of § 45(n) includes intangible harms like those that the FTC found in this case. As the FTC Opinion said, § 45(n)…
LabMD asks the Eleventh Circuit Court of Appeals to Stay FTC’s Final Order
The FTC wouldn’t grant a stay when LabMD requested a stay of their final order, so not surprisingly, LabMD is seeking an immediate and temporary stay from the Eleventh Circuit Court of Appeals. I’ve uploaded the motion here (pdf). I think they make a strong case for a stay, but see what you think after you…
FTC v. LabMD: Brace for the Ripple Effect
Ricci Dipshan and C. Ryan Barber have an article on the importance and possible implications of LabMD’s challenge to the FTC’s application of their Section 5 authority when it comes to data security. Here’s a snippet: The lack of tangible evidence in the case is hard to overstate. While LabMD, like the many other companies…
FTC denies LabMD’s application for a stay of Commission’s Final Order
In what is likely to infuriate those who believe that the Federal Trade Commission has already abused its authority in its relentless enforcement action against a small cancer-detecting laboratory, the FTC has denied LabMD’s application for a stay of their final order while LabMD appeals to a federal court. In explaining its denial, the Commission said it looked at four…