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…
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LabMD Case: FTC gets green light to grant former Tiversa employee immunity in data security case
There have been two important developments in the FTC’s administrative case against LabMD over data security. Today, FTC Administrative Law Judge Chappell issued an order that agreed with LabMD that as a non-party, Tiversa had no right to submit any filing without first seeking – and obtaining – leave to intervene. Tiversa had neither sought nor…
Cyber-Sleuth or Cyber-Thief? LabMD Case Continues to Expose the Good, the Bad, and the Downright Ugly in Cyber-Security Developments
Over on HIPAA, HITECH, and HIT, Elizabeth Litten comments on FTC’s administrative case against LabMD, a case I’ve been following here for the past few years. After recapping the case, she writes: This case isn’t over, and it remains to be seen whether [Administrative Law Judge] Chappell will find the witness’s testimony credible and/or relevant…
In stalled FTC case, LabMD seeks immunity for former Tiversa employee to testify
FTC Administrative Law Judge Michael Chappell has granted LabMD’s unopposed motion to seek immunity for a former Tiversa employee to testify in FTC v. LabMD. The case had been on hold since June when the House Oversight Committee indicated it was investigating the role of Tiversa and its relationship with the FTC. Had that committee…
Administrative law judge denies LabMD's motion to sanction FTC
As I noted on August 28, the FTC had responded (pdf) to LabMD’s motion for sanctions (pdf) in FTC v. LabMD. On September 5, Administrative Law Judge Chappell denied LabMD’s motion. After summarizing the allegations and the FTC’s response, Judge Chappell writes: To support its Motion, Respondent asserts as fact numerous matters that are disputed by Complaint Counsel….
FTC responds to LabMD's motion for sanctions in FTC v. LabMD
The FTC’s response to LabMD’s motion for sanctions (pdf) is now available online. FTC’s response begins: Respondent’s Motion, which exceeds the applicable word limit and regarding which counsel never met-and-conferred with Complaint Counsel, seeks relief that the Commission’s Rules do not authorize. If there were a legal basis for Respondent’s relief, its baseless claims regarding Complaint Counsel’s evidence ignores its own…