United States:
Eleventh Circuit Grants Stay Of FTC Enforcement Order In Security Breach Case
24 November 2016
by
Daniel J. McLoon
,
Mauricio Paez
,
Kevin Lyles
,
Todd McClelland
,
Jeff Rabkin
,
Adam Salter
,
Michiru Takahashi
,
Undine Von Diemar
,
Olivier Haas
,
Jörg Hladjk
,
Richard Johnson
,
Anand Varadarajan
,
Nicole Perry
and
Alexa Sendukas
Jones Day
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On November 10, the United States Circuit Court of Appeals for
the Eleventh Circuit granted a stay pending appeal of the Federal
Trade Commission's ("FTC") enforcement order against
a medical testing company. The FTC initially brought an action
against the company for allegedly exposing the personal and billing
information of more than 9,000 consumers on a peer-to-peer
file-sharing network. The appeal presents the question of what
types of harm in security breach cases qualify under the
"unfairness" prong of the FTC act.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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