11th Circ. Blow Prompts LabMD To Drop FTC Fight For Now

Law360, New York (February 25, 2014, 5:42 PM EST) -- LabMD Inc. last week dropped its district court suit challenging the Federal Trade Commission's authority to regulate data security, following an unexpected jurisdictional ruling by the Eleventh Circuit that a LabMD attorney said Tuesday prompted the company to reassess its forum selection.

In a Feb. 19 notice, LabMD informed the District of Columbia of its decision to voluntarily dismiss without prejudice its complaint claiming that the agency lacked the authority to bring an administrative action accusing LabMD of failing to implement reasonable and appropriate measures to prevent unauthorized access to consumers' personal health data, and that the agency had violated the...

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