Janis Kestenbaum was quoted in the Law360 article, "5 Cybersecurity and Privacy Cases to Watch," commenting on the long-running case pursued by medical testing laboratory LabMD that is likely to dictate how far the Federal Trade Commission is allowed to go in policing privacy and data security issues.

"The case presents important questions about the nature and probability of injury that the FTC must demonstrate to prove that a company's data security practices are 'unfair,'" said Janis Kestenbaum, a partner at Perkins Coie LLP and onetime senior adviser to former FTC Chairwoman Edith Ramirez. "The Eleventh Circuit's stay of the FTC's opinion suggests that the FTC's position that it must only show a ‘significant’ risk of injury, not that such injury is likely or probable, may not prevail."