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Aug 02

No Harm, No Foul? Not According to the FTC’s LabMD Decision

This post was co-authored by Mara Smith, a summer associate with Montgomery McCracken, and Stephen Grossman, a partner and chair of Montgomery McCracken’s Data Privacy Practice Group. Last Friday, the FTC reversed an administrative law judge’s ruling in the FTC data security case against clinical laboratory… Read More

Dec 14

Reigning in the FTC’s Regulation of Data Security Practices…Maybe

In a closely watched case, an administrative law judge recently dismissed the Federal Trade Commission (FTC) complaint against cancer-screening company LabMD. The FTC’s enforcement authority for data security practices is limited to cases of substantial consumer injury or cases where such injury is probable, emphasized… Read More

Jul 08

Glass Houses: Comparing the FTC’s data security “guidance” against the OPM’s reported data security failures

On June 30th, the Federal Trade Commission issued data security “guidance” for business as part of its “Start with Security” initiative. According to the FTC, its new guidance is drawn from “lessons learned from the more than 50 law enforcement actions the FTC has announced… Read More

Jul 01

FTC announces data security initiative with new guidance for businesses

On June 30, 2015, the Federal Trade Commission announced a new initiative called “Start with Security,” which includes new guidance for businesses that draws on the lessons learned in the more than 50 data security cases brought by the FTC over the years. The new… Read More