Janis Kestenbaum was quoted in a Law360* article, “FTC Facing Data Security Conundrum Post-LabMD,” regarding the Eleventh Circuit decision and how it will affect the future of similar cases.

“If LabMD isn’t the death knell for the comprehensive privacy and data security programs that the FTC orders have imposed with increasing frequency in recent years, it puts them on life support,” said Janis Kestenbaum.

At the same time, the decision leaves open the chance of future FTC enforcement actions in cases similar to LabMD's, in which the commission finds a private company to have negligent security practices, said Kestenbaum.

*Subscription based publication.