A number of people were hopeful that the FTC would disclose more information about its data security standards in testimony to be provided by Daniel Kaufman, Deputy Director of the FTC’s Bureau of Consumer Protection, in FTC v. LabMD. If you were expecting new insights, however, you will likely be disappointed. Rather than having Kaufman…
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FTC Proceedings Against LabMD Stalled by Congressional Investigation
Press release from Cause of Action, who are representing LabMD in the FTC’s administrative complaint against them over data security: Congress launched an investigation into Tiversa and their dealings with federal agencies including the FTC which threw a wrench into the FTC’s administrative proceedings against LabMD today. “An investigation by the House Oversight committee will…
FTC vs. LabMD hearing starts
Opening statements were held today in FTC vs. LabMD, one of only two data security enforcement cases that have not resulted in a consent order to settle charges. FTC attorney Alain Sheer provided the overview of the FTC’s complaint, alleging that LabMD failed to have a reasonable and appropriate data security program. He was only just into his…
LabMD Files Appeal, Takes Fight Against FTC Back to 11th Circuit
From Cause of Action, who are representing LabMD in their battle with the FTC: Today, Cause of Action (CoA) is filing an emergency appeal on behalf of LabMD, following a federal judge’s ruling that he lacked jurisdiction even while telling the Federal Trade Commission (FTC) “the public is served by guiding people beforehand rather than beating them…
Federal court dismisses LabMD's complaint against the FTC
Well, only minutes ago I had said Judge Duffey of the District Court for the Northern District of Georgia might still be persuaded by the government’s arguments about jurisdiction, however annoyed he appeared with the FTC. And I was right. He just dismissed LabMD’s complaint, finding that the complaint was not ripe for review because…
Back at FTC vs. LabMD
In this week’s developments, the FTC has filed its response/opposition to LabMD’s motion for summary decision. In other matters, the administrative law judge has denied LabMD’s motions in limine to exclude two expert witness’s testimony, noting that such exclusion would be premature and consideration of what should be excluded needs to be decided within the…