"The devil is in the details: LabMD imposes limitations on the FTC’s enforcement authority" by Elizabeth E. McGinn and Sasha Leonhardt, (Cybersecurity Law Report)
Cybersecurity Law ReportElizabeth E. McGinn, Sasha Leonhardt, A.J. S. Dhaliwal
In the latest data security case with significant implications for all enforcement actions, the United States Court of Appeals for the Eleventh Circuit struck down a cease-and-desist order as impermissibly vague. By ruling against the FTC in its long-running and contentious dispute with LabMD, the Eleventh Circuit left unresolved a critical question regarding the scope of the FTC’s unfairness jurisdiction, but potentially made a greater impact in imposing due process limitations on expansive, unclear enforcement actions.
Originally published in Cybersecurity Law Report; reprinted with permission.