LabMD Unleashes Trump Card In FTC Data Security Fight

Law360, New York (November 22, 2013, 9:54 PM EST) -- LabMD Inc. recently argued that the Federal Trade Commission's data breach claims against it are already covered by a federal health privacy law, a potentially potent defense that attorneys say offers the company — and by extension the industry — its best chance to limit the regulator’s authority over data security.

In a Nov. 12 motion to dismiss the suit, the medical testing laboratory shot back at the FTC's allegations that it had failed to implement adequate data security protections. LabMD contends that Section 5 of...
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