A question of harm: LabMD to face off with FTC at 11th Circuit

Craig A. Newman writes:

In a consequential test of the Federal Trade Commission’s authority as a data security regulator, the U.S. Court of Appeals for the Eleventh Circuit will hear argument tomorrow in a case that will determine whether the agency must show a concrete consumer injury as an element of an enforcement action, just as private plaintiffs have been required to do for years.

As readers of this blog know, the appeal is only the most recent chapter in a long-running high stakes legal battle between the FTC and LabMD, a now-defunct medical testing lab, over two apparent data security incidents that date back almost a decade.

Read more on Patterson Belknap Data Security Law Blog.