The Devil Is in the Details: LabMD Imposes Limitations on the FTC’s Enforcement Authority

Cybersecurity Law Report
12 minute read | June.13.2018

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.