In the latest chapter of the ongoing battle between the FTC and LabMD, Inc. (“LabMD”) about the FTC’s claim that LabMD violated the FTC Act’s Section 5 bar on “unfair” acts or practices because of its allegedly inadequate data security practices, an administrative law judge overseeing the FTC’s administrative action against LabMD recently issued two […]
Enforcement
A&B LA Office to Host Exclusive Privacy Briefing with the California Attorney General’s Office
Alston & Bird is hosting an exclusive privacy briefing with Jeffrey Rabkin, Special Assistant Attorney General for Law and Technology from the California Attorney General’s Office – Privacy Enforcement Unit on the evening of May 13. LA office Partner-in-Charge Tom Wingard will introduce Mr. Rabkin and Partner Dominique Shelton will conduct a Q&A session. California has emerged as one of […]
LabMD’s Federal Court Actions Against the FTC Dismissed
LabMD is back in the news. This time, however, it’s not the FTC’s administrative action against LabMD that’s making headlines. (For information about the administrative action, please see our prior posts here and here.) Instead, LabMD’s federal court actions against the FTC – one in the United States Court of Appeals for the Eleventh Circuit and […]
FTC Denies LabMD’s Motion to Dismiss
The FTC – in a decision that should surprise no one – refused to dismiss its administrative complaint (“Complaint”) against LabMD. This case – like the FTC’s case against Wyndham Worldwide – illustrates the continuing fight regarding the scope of the FTC’s power for regulate inadequate data security practices. In particular, this decision is important because it […]
FTC Denies LabMD’s Motions to Stay Pending Administrative Action
In the ongoing Federal Trade Commission (“FTC”) proceeding against LabMD, Inc. (“Lab MD”), the FTC recently denied LabMD’s attempts to stay the proceeding pending the outcome of the company’s separate requests for injunctive relief pending before the U.S. District Court for the District of Columbia and petition for review before the U.S. Court of Appeals for […]