Law360 | 11th Circ. Hints Case over Doctoral Degrees Could Proceed

Dan Diffley and Melissa Quintana are noted for representing State Farm in a class action before the U.S. Court of Appeals for the Eleventh Circuit.

Alston & Bird secured a major victory for pro bono client Public.Resource.Org Inc. when the U.S. Court of Appeals for the Eleventh Circuit ruled in a unanimous and precedential opinion that the state of Georgia cannot claim copyright ownership of any portion of the Official Code of Georgia Annotated (OCGA).

The U.S. Court of Appeals for the Eleventh Circuit recently issued its opinion in LabMD, Inc. v. FTC, No. 16-16270 (11th Cir. June 6, 2018), declaring unenforceable a Federal Trade Commission (FTC) order requiring LabMD to implement an extensive cybersecurity plan. The case is noteworthy for its lengthy procedural background—during which time LabMD became defunct—and its holding, which has called into question the FTC’s authority to impose wide-ranging, comprehensive cybersecurity plans. The LabMD matter dates to 2005, when LimeWire file sharing software was installed on a company computer, [...] Read more

The post LabMD: The End of the FTC in Cyber or Just a New Path? appeared first on Alston & Bird Privacy Blog.

Our Privacy & Data Security Group reviews the Eleventh Circuit’s decision narrowing the FTC’s authority to impose broad cybersecurity measures on defendants, but cautions it would be a mistake to interpret the ruling as preventing the FTC from regulating cybersecurity and data privacy.