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The Impact of LabMD vs. FTC Appellate Court Ruling

The Impact of LabMD vs. FTC Appellate Court Ruling How Will the Decision Affect the Agency's Data Security Enforcement Activities? Marianne Kolbasuk McGee (HealthInfoSec) • June 7, 2018

What impact will an appellate court's ruling Wednesday that vacated the Federal Trade Commission's data security enforcement action against LabMD have on the agency's long-term enforcement activities? Regulatory experts are weighing in.

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For example, attorney Julie O'Neill, a partner at the Washington office of the law firm Morrison & Foerster, predicts that as a result of the court's decision, defendants likely will challenge any FTC order that lacks specifics about the type of security remedies the agency wants a company to implement

"The FTC has historically shied away from specifying particular security measures a company should take to avoid running afoul of Section 5 [of the FTC Act], given how quickly technology...(continued)

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