Join Harter Secrest & Emery for our 2019 Labor and Employment Law Conference, taking place April 30th in Rochester, NY.
In a classic story of “it’s never over until it’s over,” cybersecurity David LabMD challenged the FTC’s Goliathan ability to issue sweeping orders in relation to security concerns under Section 5(a) of the Federal Trade Commission Act. LabMD had lost its challenge of the FTC’s underlying authority to issue such orders, but continued in its fight, ultimately challenging the wording of the FTC’s form order itself. And LabMD ultimately won in a landmark decision that can be found here.
So far 2018 has been a whirlwind of cyber regulatory activity, from the commencement of GDPR to new state-law data breach requirements to the New York State Department of Financial Services first compliance self-certification deadline. The complexity of the cyber legal landscape is only increasing, and in an effort to keep our clients ahead of the regulatory curve, the HSE Privacy and Data Security team has been on the road, spreading the word about cyber regulatory risk.
Each October the Department of Homeland Security celebrates National Cyber Security Awareness Month, a national public awareness campaign that encourages businesses and individuals to take steps to protect themselves from cyber threats.
"When this hits a health care provider or other folks who are on the first line of defense where people's health and safety are concerned, you can certainly understand that decision, but at the end of the day, you have no assurance that the very same ransomware attack isn't going to be recreated the next day and ask for even more money."