Read the full story: Law360

The Eleventh Circuit’s refusal to weigh in on a complaint from the Federal Trade Commission accusing LabMD Inc. of failing to safeguard patient information unlawfully shifts the balance of power between agencies and courts, the company recently said in a request for an en banc rehearing…


Reed Rubinstein, an attorney for LabMD and senior vice president of litigation at nonprofit Cause of Action, told Law360 on Wednesday that his client shouldn’t have to wait for the FTC proceeding to play out when there’s no doubt about its outcome.


“If the process is going to result in an outcome that is, for all intents and purposes, predetermined, what is the justification for requiring a person or a company to have to go through that process in order to obtain judicial review?” Rubinstein asked.