11th Circ. Turns Away LabMD In FTC Data Security Row

Law360, New York (January 20, 2015, 4:16 PM EST) -- The Eleventh Circuit on Tuesday refused to entertain LabMD Inc.'s latest challenge to the Federal Trade Commission's ability to regulate data security, ruling that a parallel administrative proceeding had yet to produce a final determination that would allow it to weigh in on the merits of the dispute.

In a published opinion, a three-judge panel affirmed the Northern District of Georgia's May ruling that it lacked jurisdiction to consider whether the FTC had overstepped its statutory authority by bringing a closely watched administrative proceeding accusing the laboratory of failing to implement reasonable data security standards to protect private health information....

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