Cyber and Privacy Team Offers Guidance to Businesses When FTC Oversteps Authority in Cybersecurity Cases

Law360 | November.18.2020

In this Law360 article, our Cyber & Privacy team analyzes the implications of the Federal Trade Commission’s recent settlement of a cybersecurity action against videoconferencing platform Zoom Communications. The article concludes the FTC continues to overstep its authority in the cybersecurity area, and provides a roadmap for businesses to consider before entering similar settlements.

Partners Doug Meal and Michelle Visser and Of Counsel David Cohen authored the article, which examines the landscape on the issue, including the precedent-setting win our team secured three years ago against the FTC for LabMD.

“While the FTC's concern about cybersecurity is understandable, the fact remains that the FTC is a creature of statute and thus limited to the powers Congress has granted,” the article states. “If the FTC wants more authority, it should continue to ask Congress for it, rather than simply claiming it. And companies faced with legally unfounded FTC claims of authority should keep in mind that agreeing to unwarranted relief may not be their best option.”

The full article can be read here: FTC Exceeded Its Authority In Zoom Cybersecurity Settlement.