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In recent weeks, LabMD and the watchdog organization Cause of Action, which is representing the testing lab, had unearthed speeches in which Brill referenced the ongoing case as an example of ways the FTC was cracking down on lax cybersecurity. They had requested Brill be disqualified from the case.
“Commissioner Brill has told the world that LabMD failed to secure consumer information and violated the law … No neutral judge with any regard for the due process requirement of avoiding the appearance of bias and prejudgment would ever say such things about a pending case,” the company said in a motion filed earlier this month.
