We reported last week that LabMD was successful in its fight against the FTC in the administrative investigation against it, prompted by a complaint made to the FTC by Tiversa, when LabMD refused to hire Tiversa to repair an alleged vulnerability in its system. The case was subsequently investigated by the House Committee on Oversight and Government Reform.
LabMD filed suit against Tiversa in federal court in Pennsylvania in January, alleging that Tiversa violated RICO. Tiversa filed suit against LabMD in Pennsylvania state court alleging LabMD defamed it. Both cases are still pending.
Late last week, LabMD requested that Tiversa be sanctioned in the federal court case for violating a protective order prohibiting disclosure of the sworn Affidavit of LabMD CEO Mike Daugherty that was presented to the House Committee on Oversight and Government Reform. LabMD alleges that it has “overwhelmingly clear and convincing” evidence that Tiversa CEO Robert Boback violated the protective order by leaking the Affidavit and is seeking sanctions and a contempt order against Tiversa and Boback. Tiversa denies the allegations.