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 […]
Federal Trade Commission (FTC)
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 Settles With Children’s Entertainment Company Over Safe Harbor Lapse
February 11, 2014 – The FTC today announced a proposed settlement with Fantage.com Inc., a children’s online entertainment company that allegedly misrepresented its adherence to the U.S.-European Union Safe Harbor Framework (the “Framework”). According to the FTC’s complaint, Fantage made statements in the privacy policy its website that it followed the privacy principles of the Framework, when […]
Kim Peretti Quoted in Washington Post Article “Target Security Breach: Eric Holder Vows to Find Hackers”
Kim Peretti, co-chair of the firm’s Security Incident Management & Response Team, was quoted in the Washington Post article “Target Security Breach: Eric Holder Vows to Find Hackers.” Attorney General Eric Holder confirmed that his agency is investigating the holiday heist on Target, which exposed weaknesses in the nation’s credit card system. As a result […]
Senator Leahy Reintroduces “Personal Data Privacy and Security Act”: Federal Data Breach Notification Law Includes Criminal Penalties for Failure to Notify
On January 8, 2014, Senator Leahy (D-VT) reintroduced the “Personal Data Privacy and Security Act” (S. 1897) in an effort to both enhance criminal penalties for computer hacking, and create a tough Federal data breach notification statute. The bill was originally cosponsored (at the time of its introduction) by Senators Chuck Schumer (D-NY), Al Franken […]