Member Article

LabMD, Inc. renewed its argument that the FTC lacks authority to regulate the data security practices of HIPAA covered entities by appealing the dismissal of its case for lack of jurisdiction (see our coverage here) to the Eleventh Circuit. LabMD also filed an emergency motion seeking expedited briefing and requesting an order enjoining the administrative proceedings until the appellate court rules on the merits of its argument. With the administrative hearing set to begin on May 20, 2014, LabMD argued that emergency relief was necessary to “prevent further harm due to these extended proceedings and due to the FTC’s ongoing violation of LabMD’s constitutional rights.” The Eleventh Circuit denied its motion for emergency relief yesterday, and ordered LabMD to file its opening briefing on the merits by June 24, 2014.

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