Ronald Lee Raider , Burleigh Lavisky Singleton , Kilpatrick Townsend & Stockton, LLP, ATLANTA, GA, Amicus Curiae for NATIONAL FEDERATION OF INDEPENDENT BUSINESS SMALL BUSINESS LEGAL CENTER.
Michael Julian Gottlieb , Boies Schiller & Flexner, LLP, WASHINGTON, DC, Amicus Curiae for NATIONAL TECHNOLOGY SECURITY COALITION.
John P. Hutchins , Baker & Hostetler, LLP, ATLANTA, GA, Amicus Curiae for INTERNATIONAL CENTER FOR LAW & ECONOMICS AND TECHFREEDOM.
Michael David Pepson , Cause of Action Institute, WASHINGTON, DC, Amicus Curiae for DAVID BLACK, BRUCE GREEN, JOAN HADER, BRIAN HILL, WARREN HITT, WILLIAM NABORS, ROBERT ROSS, JR., BRADLEY SECREST, DAVID STOUT.
William S. Consovoy , Consovoy McCarthy, PLLC, ARLINGTON, VA, Amicus Curiae for CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA.
John J. Park, Jr. , Strickland Brockington Lewis, LLP, ATLANTA, GA, Amicus Curiae for GARY MILIEFSKY.
Nicholas R. Diamand , Michael Walter Sobol , Lieff Cabraser Heimann & Bernstein, LLP, SAN FRANCISCO, CA, Laura Heiman , Lieff Cabraser Heimann & Bernstein, LLP, NASHVILLE, TN, Amicus Curiae for PRIVACY AND SECURITY LAW PROFESSORS.
Before TJOFLAT and WILSON, Circuit Judges, and ROBRENO, District Judge.
TJOFLAT, Circuit Judge:
This is an enforcement action brought by the Federal Trade Commission ("FTC" or "Commission") against LabMD, Inc., alleging that LabMD's data-security program was inadequate and thus constituted an "unfair act or practice" under Section 5(a) of the Federal Trade Commission Act ...
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