We have been watching the LabMD/FTC case for a long time. We have written about it [view related posts here], read the book about it that was hand delivered to our office by the CEO of LabMD, debated it in privacy law class and marveled at the energy and focus of Mike Daugherty over
LabMD Seeks Stay of FTC’s Final Order Pending Appeal
By Linn Foster Freedman on
Posted in Enforcement + Litigation
Not surprisingly, on August 30, 2016, LabMD filed its Application for a Stay of the Final Order of the Federal Trade Commission (FTC) pending review of the order by the appellate court. But since the matter is still pending before the FTC, the request for the stay had to be filed with the FTC, which…
FTC Reverses ALJ’s Decision In LabMD Case
By Linn Foster Freedman & Kathryn Rattigan on
Posted in Enforcement + Litigation
Back in November 2015, Chief Administrative Law Judge (ALJ) D. Michael Chappell ruled that the Federal Trade Commission (FTC) failed to show that LabMD, Inc.’s (LabMD) data security practices caused harm to consumers stemming from an alleged data breach, and therefore, recommended dismissal of the case against LabMD. [view related post].
Last week, the…
FTC files brief in LabMD appeal
By Linn Foster Freedman on
Posted in Enforcement + Litigation
We previously reported that the Federal Trade Commission (FTC) lost its case against LabMD alleging that LabMD had inadequate security measures to prevent an alleged data breach (related post here).
The FTC appealed the decision and filed its Appellate Brief on December 22, 2015. The brief can be accessed here.
We will keep…
LabMD sues FTC lawyers and FTC appeals decision
By Linn Foster Freedman on
Posted in Enforcement + Litigation
We previously reported that LabMD had a big victory in the case filed against it by the Federal Trade Commission (FTC). There was speculation as to whether or not the FTC would appeal the decision.
The FTC did in fact exercise its administrative right and filed an appeal of the decision to three commissioners of…
LabMD update
By Linn Foster Freedman on
Posted in Enforcement + Litigation
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…
LabMD vindicated in FTC row
By Linn Foster Freedman on
Posted in Enforcement + Litigation
We have been following the fight between LabMD and the FTC for years. It has been a story of high emotions, principles, standoffs, aggression, lawsuits, court decisions, Congressional hearings and accusations, all outlined in a book entitled “The Devil in the Beltway” (admittedly a one-sided account by LabMD CEO Mike Daugherty about the details of…
LabMD Litigation Updates
By Linn Foster Freedman on
Posted in Enforcement + Litigation
We have been following this case closely, and you can read other posts on this case and get up to speed here.
On April 16, the administrative law judge in the FTC v. LabMD case denied LabMD’s request to exclude the FTC from introducing new evidence into the proceeding regarding how Tiversa Holding Corp.…
LabMD files Motion to Exclude Exhibits as it gears up for May 5th hearing with FTC
By Linn Foster Freedman on
Posted in Enforcement + Litigation
The litigation between LabMD and the FTC is not mellowing.
Last week, LabMD filed a Motion to Exclude the FTC’s admission of all Tiversa documents during the FTC administrative hearing scheduled for May 5th. LabMD argued that the FTC subpoenaed Tiversa in September of 2013, and Tiversa withheld responsive information from the subpoena,…
FTC v. LabMD administrative proceeding postponed
By Linn Foster Freedman on
Posted in Enforcement + Litigation
The saga between the FTC and LabMD will not be resolved anytime soon. The case has been at a standstill since last May, and late last week, the administrative law judge postponed the proceeding until May 5th.
The case stems from an alleged data breach of LabMD’s patient information in 2010. The FTC investigated the…