The 11th Circuit’s decision in LabMD v. FTC comes just as the new FTC Chairman and Commission have been sworn in. The long-awaited decision arises in a case which raised fundamental questions regarding the FTC’s data breach enforcement authority under Section 5 of the FTC Act and the level of injury that gives rise to a cognizable privacy harm. A fraught factual and procedural history – involving allegations of FTC misconduct and an ALJ decision in LabMD’s favor reversed by the full Commission – preceded the 11th Circuit’s action. Is this the end of the road or will the Court’s decision be subject to further appeal? What are the implications for the new Commission and its privacy enforcement authority?
Featuring:
Neil Chilson, Senior Research Fellow for Technology and Innovation, Charles Koch Institute
Scott Delacourt, Partner, Wiley Rein LLP

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