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Data Breach Federal Trade Commission (FTC) Administrative Law Judge (ALJ)

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your August 2025 To-Do List

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Here are the top ten items you should tackle in August, based on the latest workplace law developments and upcoming critical compliance dates...more

WilmerHale

Eleventh Circuit Concludes FTC Data Security Order Unenforceable Because Standards Not Specific Enough

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On June 6, the U.S. Court of Appeals for the Eleventh Circuit vacated a cease-and-desist order by the Federal Trade Commission (FTC) issued against LabMD, Inc. (LabMD) arising from an FTC enforcement action alleging that...more

Robinson+Cole Data Privacy + Security Insider

LabMD Wins Against FTC—11th Circuit Vacates Enforcement Order Against It

We have been watching the LabMD/FTC case for a long time. We have written about it, read the book about it that was hand delivered to our office by the CEO of LabMD, debated it in privacy law class and marveled at the energy...more

Patterson Belknap Webb & Tyler LLP

LabMD Appeal Has Privacy World Waiting

It is the case that could define the scope of the U.S. Federal Trade Commission’s authority in data security. The U.S. Court of Appeals for the Eleventh Circuit heard argument six months ago in LabMD, Inc. v. Federal Trade...more

Patterson Belknap Webb & Tyler LLP

11th Circuit Hears Oral Argument in LabMD Case

Recently, the United States Court of Appeals for the Eleventh Circuit, sitting in Miami, heard oral argument in the case of LabMD, Inc. v. Federal Trade Commission, No. 16-16270. ...more

Patterson Belknap Webb & Tyler LLP

A question of harm: LabMD to face off with FTC at 11th Circuit

In a consequential test of the Federal Trade Commission’s authority as a data security regulator, the U.S. Court of Appeals for the Eleventh Circuit will hear argument tomorrow in a case that will determine whether the agency...more

Moore & Van Allen PLLC

The FTC Faces an Embarrassing Set-Back in its Data Security Enforcement Authority as the LabMD Saga Continues

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On November 10th, the Eleventh Circuit Court of Appeals handed an embarrassing defeat to the Federal Trade Commission and an early Christmas present to LabMD, Inc. in the ongoing David and Goliath battle between the...more

McGuireWoods LLP

UPDATE: Got Data? Actual Harm Not Required for FTC Enforcement Action for Lax Security Measures

McGuireWoods LLP on

As anticipated, things are getting even more exciting with the case previously covered in Password Protected. Specifically, LabMD is appealing the landmark data security case between it and the Federal Trade Commission...more

Robinson+Cole Data Privacy + Security Insider

LabMD Seeks Stay of FTC’s Final Order Pending Appeal

Not surprisingly, on August 30, 2016, LabMD filed its Application for a Stay of the Final Order of the Federal Trade Commission (FTC) pending review of the order by the appellate court. But since the matter is still pending...more

Cozen O'Connor

FTC Overturns ALJ’s LabMD Decision and Reasserts its Role as a Data Security Enforcer

Cozen O'Connor on

On July 29, 2016, the Federal Trade Commission (“FTC” or “Commission”) reversed an FTC administrative law judge’s (“ALJ”) opinion which had ruled against the FTC, finding that the Commission had failed to show that LabMD’s...more

Ballard Spahr LLP

Lessons for Businesses from FTC’s Opinion on LabMD’s Data Security Practices

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The Federal Trade Commission (FTC) has issued an Opinion and Final Order finding that the data security practices of LabMD, Inc. were unreasonable, and therefore constituted an unfair act or practice in violation of Section 5...more

Snell & Wilmer

The FTC Rules Against LabMD in On-Going Data Security Case

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The lengthy saga between the Federal Trade Commission (FTC) and LabMD, Inc. reached another turning point on July 28, 2016. The FTC issued its unanimous Opinion in which it found that LabMD’s data security practices were...more

Alston & Bird

FTC Overrules LabMD Dismissal, Finds Unfair Data Security Practices

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The FTC issued an Opinion and Final Order reversing the previously dismissed charges against LabMD on July 29. FTC Administrative Law Judge (ALJ) D. Michael Chappell had dismissed the case against LabMD on November 13, 2015...more

Robinson+Cole Data Privacy + Security Insider

FTC Reverses ALJ’s Decision In LabMD Case

Back in November 2015, Chief Administrative Law Judge (ALJ) D. Michael Chappell ruled that the Federal Trade Commission (FTC) failed to show that LabMD, Inc.’s (LabMD) data security practices caused harm to consumers stemming...more

Brownstein Hyatt Farber Schreck

Heads of the FTC Push Back on Chief Administrative Law Judge and Find Consumer Harm in LabMD Data Leak

On July 29, 2016, the three Federal Trade Commission (“FTC”) commissioners vacated their chief administrative law judge’s bold decision to dismiss the agency’s action against a medical testing lab, LabMD, In the Matter of...more

Cooley LLP

Alert: FTC Commissioners Find LabMD's Failure to Implement Data Security Practices "Unfair"

Cooley LLP on

On July 29, 2016, the Federal Trade Commission (FTC or Commission) announced its long-awaited decision in its LabMD enforcement action. The Commissioners reversed the decision of an Administrative Law Judge (ALJ) and held...more

Fenwick & West LLP

FTC Holds That Disclosure of Sensitive Medical Information Due to Lax Security Violates the FTC Act

Fenwick & West LLP on

Last week, three commissioners from the Federal Trade Commission (FTC) held in In the Matter of LabMD, Inc. that a company’s failure to implement reasonable security measures to protect sensitive consumer information on its...more

Perkins Coie

Commission Holds FTC Unfairness Claim Does Not Require “Probable” or Tangible Injury in LabMD Data Security Case

Perkins Coie on

The Federal Trade Commission unanimously (3-0) ruled on July 29, 2016 that LabMD’s data security practices were “unfair” under Section 5 of the FTC Act, reversing a decision of its Administrative Law Judge (ALJ). As we...more

Patterson Belknap Webb & Tyler LLP

Breaking News: FTC Vacates ALJ’s Ruling and Finds LabMD Liable for Unfair Data Security Practices

In a ruling issued this morning, the Federal Trade Commission found that LabMD, the defunct Atlanta-based cancer detection lab, failed to protect patient information and is liable for unfair data security practices. The...more

Patterson Belknap Webb & Tyler LLP

FTC Reviews Case Over Legal Standard For Data Security Enforcement Action

Faced with the prospect of overturning a decision by one of its own administrative law judges, the Federal Trade Commission on Tuesday explored ways in which to render a narrow decision. The argument was the most recent...more

Butler Snow LLP

FTC Loses Data Security Case

Butler Snow LLP on

On November 13, 2015, an administrative law judge dismissed the FTC’s enforcement action against LabMD for its data security breach in 2008. This appears to be the first dismissal of a FTC data security enforcement action....more

Patterson Belknap Webb & Tyler LLP

Re-Thinking “Substantial Injury”: The FTC’s Potential New Need for Victims

Last month, the Federal Trade Commission’s Chief Administrative Law Judge dismissed the Commission’s long-running data security case against LabMD because it failed to prove that there was an actual or reasonably imminent...more

Epstein Becker & Green

When Do Data Security Breaches Cause Substantial Consumer Harm? Lessons from the LabMD FTC Complaint Dismissal

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On November 19, 2015, an Administrative Law Judge (the “ALJ”) at the Federal Trade Commission (“FTC”) dismissed the FTC’s 2013 complaint against LabMD, a clinical testing laboratory, stating that the FTC failed to demonstrate...more

Nossaman LLP

Highly Anticipated Ruling Curbs FTC’s Power to Bring Data-Breach Cases

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Last week, after seven years of intense litigation, LabMD won its case against the Federal Trade Commission (“FTC”) resulting in an Administrative Law Judge setting a high bar for the FTC to bring data-breach lawsuits against...more

Jackson Walker

FTC Fails to Prove Case Against LabMD

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Last Friday, Chief Administrative Law Judge D. Michael Chappell ruled that the FTC had failed to prove its case against LabMD and dismissed the FTC's Complaint. LabMD is one of only two companies (the other being Wyndham) to...more

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