LABMD, INC., Petitioner,
v.
FEDERAL TRADE COMMISSION, Respondent.
United States Court of Appeals, Eleventh Circuit.https://leagle.com/images/logo.png
June 6, 2018.
June 6, 2018.
Attorney(s) appearing for the Case
Douglas Harlan Meal, Ashton R. Lattimore, Ropes & Gray, LLP, Boston, MA, David Thomas Cohen, Ropes & Gray, LLP, New York, NY, Douglas Hallward-Driemeier, Ropes & Gray, LLP, Washington, DC, Michelle Lynn Visser, Ropes & Gray, LLP, San Francisco, CA, for Petitioner.
Matthew Michael Hoffman, Theodore Paul Metzler, Jr., Joel Marcus, Federal Trade Commission, Office of General Counsel, Washington, DC, for Respondent.
Ronald Lee Raider, Burleigh Lavisky Singleton, Kilpatrick Townsend & Stockton, LLP, Atlanta, GA, for Amicus Curiae National Federation of Independent Business Small Business Legal Center.
Michael Julian Gottlieb, Boies Schiller & Flexner, LLP, Washington, DC, for Amicus Curiae National Technology Security Coalition.
John P. Hutchins, Baker & Hostetler, LLP, Atlanta, GA, for Amicus Curiae International Center for Law & Economics and TechFreedom.
Michael David Pepson, Cause of Action Institute, Washington, DC, for Amici Curiae 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, for Amicus Curiae Chamber of Commerce of the United States of America.
John J. Park, Jr., Strickland Brockington Lewis, LLP, Atlanta, GA, for Amicus Curiae 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, for Amicus Curiae 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 (the "FTC Act" or "Act"), 15 U.S.C. § 45...
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