A business whose evidence the FTC relied upon in opening an investigation of LabMD has allegedly been raided by the FBI. It’s just the latest development in a case that has now involved the FTC, DOJ, the security of Marine One, the House Oversight Committee, and a slew of businesses who were told that their…
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LabMD’s answering brief captures how ridiculous FTC’s case was, and is
I’ve been relatively quiet on this blog recently about FTC v. LabMD, but having read the latter’s answering brief to FTC’s appeal of Judge Chappell’s initial decision, I would encourage everyone to read LabMD’s brief, uploaded to this site. It really hits all the points/issues that have concerned me since the FTC first announced enforcement action against…
FTC v. LabMD: A bad case and a questionable decision, but the right outcome
As I reported last Friday, FTC’s Administrative Law Judge D. Michael Chappell dismissed FTC’s enforcement action against LabMD, explaining that the regulator failed to meet the injury prong of the unfairness test under the FTC Act. The FTC issued a press release about the decision yesterday. The decision was noteworthy for two reasons. It was the first data security enforcement…
FTC v. LabMD ruling issued: FTC loses data security enforcement case (Update2)
In a data security enforcement action that some have characterized as a modern version of David vs. Goliath, David won today, and the FTC lost. It was an enforcement action that the FTC never should have commenced, as I’ve argued repeatedly, and today’s loss may actually make future enforcement actions more difficult for them as the standard for demonstrating…
House Committee on Oversight & Government Reform staff report slams Tiversa, cautions federal agencies about using them (updated with Tiversa’s response)
If you thought former Tiversa employee Rick Wallace’s testimony in FTC v. LabMD was sensational, wait until you read a staff report prepared for Darrell Issa, then-Chairman of the House Committee on Oversight and Government Reform. The 99-page report, prepared in January but embargoed until after Wallace’s testimony, delves into Tiversa’s business practices and problems with the…
FTC’s complaint against LabMD has spawned so much litigation – and for what?
I sue you, you sue me We both sue too easily Too easily to let it show I sue you and that’s all I know. — Lyrics never written by Jimmy Webb nor ever sung by Art Garfunkel On March 3, the administrative hearing in FTC v. LabMD will resume with former Tiversa employee Rick Wallace…