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…
Search Results for: LabMD
LabMD and Wyndham Decisions Curtail FTC’s Data Privacy and Security Reach
Alan L. Friel and Gerald J. Ferguson of BakerHostetler provide their interpretation of recent rulings: Both the administrative law judge’s decision in LabMD and the Third Circuit’s recent decision in Wyndham, which we previously blogged about, put the FTC on notice that it cannot assume that in the wake of a security breach, allegedly inadequate data security will necessarily constitute…
FTC files notice of appeal in FTC v. LabMD
The FTC has filed a notice of appeal in FTC v. LabMD, stating: Complaint Counsel intends to preserve and advance all arguments presented before the Administrative Law Judge at the evidentiary hearing and through Complaint Counsel’s post-trial briefs, including Complaint Counsel’s Proposed Findings of Fact and Conclusions of Law, Post-Trial Brief, Reply to Respondent’s Proposed Findings of Fact,…
LabMD Sues FTC Complaint Counsel Lawyers Over Data Security Case
C. Ryan Barber reports that one week after the initial decision by Administrative Law Judge D. Michael Chappell in FTC v. LabMD, Michael Daugherty and LabMD filed a civil suit against three FTC attorneys involved in the case. The suit, which names Carl Settlemyer, Alain Sheer and Ruth Yodaiken as defendants, was filed Friday in U.S. District Court for…
LabMD ruling should be a wake-up call for FTC data security enforcement
For another informed perspective on the impact of the initial decision in FTC v. LabMD, I’d strongly encourage this site’s readers to read Gus Hurwitz’s thought-provoking analysis and commentary on TechPolicyDaily.com. Here’s a snippet: … Judge Chappell had none of the FTC’s argument. “The term ‘likely’,” he tells us, “does not mean that something is merely…
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…