Category Archives: Litigation

11th Circuit Issues LabMD Decision, and Wants More Specificity

The long-anticipated decision in LabMD v. FTC has finally arrived. The 11th Circuit held that the FTC’s cease-and-desist order against LabMD is unenforceable:

In sum, assuming arguendo that LabMD’s negligent failure to implement and maintain a reasonable data-security program constituted an unfair act or practice under Section 5(a), the Commission’s cease and desist order is nonetheless unenforceable. It does not enjoin a specific act or practice.… More

Data Breach Litigation: What Enterprises Should Know (from SearchSecurity)

Editors’ Note:  The following is an excerpt from an article published by SearchSecurity.  To read the full article, click here.  Registration required.

A data breach is a business crisis that can have enduring ramifications. While the discovery of a breach can initiate a drill — investigating what happened, remediating the security gaps, engaging law enforcement, and complying with state and federal notification laws —… More

Webinar on September 13: Privacy and Data Security for the Generalist In-House Counsel

Privacy and data security have rocketed to the top of the list of concerns for all corporate boards. Whether you are a technology company, a biotech, or a traditional widget maker, your company has confidential information about its products, customers and employees. And that information has to be protected as a matter of law, both by statute and under contracts with your customers and suppliers.… More

Mistake in Your Credit Report? The Latest Spokeo Decision Suggests You May Have A Case.

In the 9th Circuit’s August 15, 2017 decision in Robins v. Spokeo, the latest in the long-running legal debate about when a consumer cause of action exists for a data breach, the 9th Circuit has declared that inaccuracies in a published credit report may sometimes constitute a “concrete injury” sufficient to confer Article III standing. This is a significant win for consumer protection advocates,… More