In the News

Nathan Kottkamp Discusses Implications of FTC Data Breach Appeal

October 10, 2016

Richmond partner Nathan Kottkamp was quoted in an article about a recently filed appeal in a data security case between the Federal Trade Commission and medical testing company LabMD.

In the Oct. 4 article in Communications Daily, Kottkamp discussed what implications the outcome of the appeal could have on future data security practices. LabMD is appealing a July order from the FTC that found the company liable for exposing the personal information of thousands of consumers and failing to reasonably protect the security of their data, including medical information.  

“If LabMD wins, I would not be surprised if there are enough people that are sufficiently concerned that they’ve taken a huge chunk out of the FTC authority. . . . And we’ll see a statutory or regulatory backfill to say we need more teeth in these laws," Kottkamp said in the article. If the FTC wins, he said, it could lead to more civil class-action lawsuits over data breach allegations, and the commission will likely get more aggressive in going after companies for privacy and data security issues. 

Kottkamp has written about the case for Password Protected — McGuireWoods’ blog about data privacy and security news and trends — most recently in a Sept. 26 post co-authored with Washington, D.C., associate Meaghan Pedati.

The Communications Daily article is available online to subscribers.