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Kirk Nahra Discusses Eleventh Circuit’s LabMD Ruling

FTCWatch
June 25, 2018

Kirk J. Nahra, chair of Wiley Rein’s Privacy & Cybersecurity Practice, was quoted in a July 18 FTCWatch article about the implications of the Eleventh Circuit’s recent decision in LabMD v. FTC.

The appeals court overturned a Federal Trade Commission (FTC) order that required LabMD to overhaul its data security program, finding that the order was unenforceable because it didn’t require the company to stop a specific act, according to the article.

Mr. Nahra said that while the Eleventh Circuit’s decision “is potentially a very big deal, I expect the FTC will be able to make it not a very big deal.”

“The opinion is funny – it doesn’t seem to directly address the cases they can bring,” Mr. Nahra said. “It addresses how they resolve them. It will force them to be more specific and detailed in the conclusions of the cases. I am not sure if that is good news or bad news for defendants.”

The article can be found here (subscription required).