Scott Vernick was quoted in the Law360 article,
"LabMD Unleashes Trump Card in FTC Data Security Fight."
Full text can be found in the November 22, 2013, issue, but a
synopsis is noted below.
LabMD, Inc. recently argued that the Federal Trade
Commission's data breach claims against it are already covered
by a federal health privacy law, a defense strategy that attorneys
say could offer the company and the industry its best chance at
limiting the FTC's authority over data security.
However, a New Jersey federal judge recently expressed
skepticism at a similar argument made by a hotel chain it its data
security case.
"The LabMD case is different because here there is a
specific statute which addresses patients' information,"
said noted privacy attorney Scott Vernick.