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

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

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,