Two decisions from last week have provided clarity – at least regarding which tribunal will first decide whether LabMD violated Section 5 – in the ongoing battle between the FTC and LabMD. In the first decision, the Eleventh Circuit refused to stay, pending appellate review, the FTC’s administrative action against LabMD. This decision came on […]
Enforcement
American Apparel Settles FTC Charge on Falsely Claiming Compliance with Safe Harbor Privacy Framework
On May 9, 2014, the Federal Trade Commission (the “FTC”) announced that American Apparel, Inc. (“American Apparel”) agreed to settle FTC charges that American Apparel falsely claimed it was compliant with the U.S.-European Union Safe Harbor (the “US-EU Safe Harbor Framework”). The FTC’s complaint alleged that American Apparel, a clothing manufacturer and retailer with more than 200 […]
Mobile Apps in the Spotlight during Upcoming GPEN International Privacy Sweep
On May 6, the Office of the Privacy Commissioner of Canada (the “Commissioner”) announced mobile apps as the Global Privacy Enforcement Network’s (“GPEN’s”) focus area during the upcoming International Privacy Sweep (the “Sweep”). The Sweep will be held from May 12 to 18, 2014, involving 27 privacy enforcement authorities from around the world. The news […]
LabMD Wins Discovery Disputes Against FTC; FTC Compelled to Disclose Data Security Standards
In the latest chapter of the ongoing battle between the FTC and LabMD, Inc. (“LabMD”) about the FTC’s claim that LabMD violated the FTC Act’s Section 5 bar on “unfair” acts or practices because of its allegedly inadequate data security practices, an administrative law judge overseeing the FTC’s administrative action against LabMD recently issued two […]
A&B LA Office to Host Exclusive Privacy Briefing with the California Attorney General’s Office
Alston & Bird is hosting an exclusive privacy briefing with Jeffrey Rabkin, Special Assistant Attorney General for Law and Technology from the California Attorney General’s Office – Privacy Enforcement Unit on the evening of May 13. LA office Partner-in-Charge Tom Wingard will introduce Mr. Rabkin and Partner Dominique Shelton will conduct a Q&A session. California has emerged as one of […]