11th Cir. issues stay of FTC order in LabMD fight

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 […]

Suffer a data breach? FTC issues response guidance

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 […]

Substantial injury need not be tangible, FTC says

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 […]

DOJ probes allegations that Tiversa faked data breaches

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”) […]

No data security victims spells trouble for FTC’s case; LabMD claims in 86-page briefing

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 […]

Former Employee Claims Tiversa Extorted Clients, Including LabMD

Mr. Wallace’s statements were shocking to say the least, and did more than just accuse Tiversa of providing inaccurate data to the FTC on the LabMD breach.