In the latest twist in the FTC v. LabMD matter, the Eleventh Circuit Court of Appeals recently issued a stay of the FTC’s final order pending appeal. As previously reported by FTCLaw.com, the FTC in late July issued an Opinion and Final Order reversing an ALJ’s initial decision to dismiss Commission’s case against LabMD. The […]
Chances are if your company has suffered a data breach you are probably wondering how to effectively respond and whether that breach may mean litigation. In light of those concerns, the FTC recently released written guidance to businesses on how to respond to a data breach. The FTC has said that its written guidance, as […]
In the latest installment of the fight between the FTC and medical testing laboratory LabMD, the FTC issued an Opinion and Final Order reversing an Administrative Law Judge’s (“ALJ”) prior initial decision dismissing the FTC’s data security charges. The FTC’s opinion determined that the ALJ “applied the wrong legal standard for unfairness” as it related […]
Previously, we reported on the FTC’s fight with LabMD over data security. As part of that coverage, we noted the testimony of former Tiversa employee, Richard Wallace, which alleged that Tiversa had given the FTC doctored evidence purporting to prove consumer data breaches. DOJ/FBI Investigate Tiversa Now it appears that the Department of Justice (“DOJ”) […]
In the latest round of litigation concerning the FTC’s data security case against LabMD, Inc., LabMD, in an 86-page filing, has argued that the FTC has failed to produce even one data breach victim or to detail what data security standards govern health companies. LabMD said in its filing that the FTC’s complaint is built […]
The Third Circuit Court of Appeals has held that Wyndham Worldwide Corp. must face a suit for failing to secure its computers from Russian hackers.
The FTC, in a recent blog post, said that it treats a company “more favorably” if it cooperates during the course of a data breach investigation.