LabMD Unleashes Trump Card in FTC Data Security Fight

November 22, 2013 – In The News

Scott Vernick was quoted in the Law360 article, "LabMD Unleashes Trump Card in FTC Data Security Fight." Full text can be found in the November 22, 2013, issue, but a synopsis is noted below.

LabMD, Inc. recently argued that the Federal Trade Commission’s data breach claims against it are already covered by a federal health privacy law, a defense strategy that attorneys say could offer the company and the industry its best chance at limiting the FTC’s authority over data security.

However, a New Jersey federal judge recently expressed skepticism at a similar argument made by a hotel chain it its data security case.

“The LabMD case is different because here there is a specific statute which addresses patients’ information,” said noted privacy attorney Scott Vernick.