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…
Search Results for: LabMD
FTC passes on presenting a rebuttal witness in FTC v. LabMD (Updated and Corrected)
The FTC will not be presenting any witness to rebut sensational testimony given by former Tiversa employee Richard (“Rick”) Wallace last week in the FTC’s data security enforcement case against LabMD. Robert Boback, CEO of Tiversa, who was accused of essentially being a fraudster and/or extortionist by his former employee, had this to say when…
Tiversa’s CEO responds to former employee’s testimony in FTC v. LabMD
Tiversa CEO Robert Boback has responded to the testimony of a former employee, Richard (“Rick”) Wallace at yesterday’s hearing in FTC v. LabMD. In a statement sent to this site, he writes: What was probably lost on most people in the audience was that Wallace testified that HE downloaded the 1,718 file (the LabMD file in…
Former Tiversa employee takes the stand in FTC v. LabMD, claims Tiversa falsified data presented to FTC and Congress (updated)
Update: The transcript of Rick Wallace’s testimony is now available online, here. At the time this post was written, only an unofficial transcript was available. After months of delay while immunity was sought and obtained for a former Tiversa employee, Rick Wallace finally took the stand today in FTC v. LabMD. And as LabMD’s CEO Michael…
LabMD moves to disqualify Commissioner Ramirez from administrative case; also moves to dismiss entire case
As the administrative hearing in FTC v. LabMD gets closer to resuming, there have been two developments to note. The first is that LabMD has moved to disqualify Commissioner Edith Ramirez, alleging that she has been “irrevocably tainted and compromised” by her involvement in the FTC’s response to the House Oversight Committee’s investigation of Tiversa. I do not…
Documents obtained by House Oversight may throw a monkey wrench into government's case against LabMD
On February 12, FTC Administrative Law Judge D. Michael Chappell admitted two letters from the House Oversight Committee (OGR) as exhibits in FTC v. LabMD. The letters concern OGR’s investigation of Tiversa, a firm whose statements the FTC relied upon in its data security enforcement case against LabMD (see FTC case files and previous coverage on PHIprivacy.net). Admission of the exhibits…