Wall Street Journal: FTC Cyber Case Has Nearly Put Us Out of Business, Firm Says
Read the full story: Wall Street Journal
The dispute is now playing out in an administrative law court. Nonprofit group Cause of Action in November also filed a lawsuit in Washington, D.C., federal court against the FTC on behalf of LabMD.
Mr. Daugherty and Cause of Action have alleged that the FTC investigation of the alleged data security problems has been onerous. “Complying with the FTC’s demands has cost LabMD hundreds of thousands of dollars as well as thousands of hours of management and employee time,” Cause of Action said in a press release.
Fox News: ‘Excessive’: Marine biologist ends 7-year legal battle with feds over feeding whales
Read the full story: Fox News
Cause of Action Executive Director Dan Epstein helped negotiate the deal and says the original charges against Black “certainly seemed excessive” and warns her case is a cautionary tale.
“Providing pro bono assistance to individuals like Nancy Black allows Cause of Action to fight back against overzealous and unfair prosecutions in order to preserve the rule of law and economic opportunities for all Americans,” Epstein said in a statement to FoxNews.com. “While we don’t understand why the federal government took aggressive actions against her, we hope Ms. Black will be able to quickly get back to her successful whale-watching business and her research.”
The Hill: Safety commission moves to dismiss Buckyball lawsuit
Read the full story: The Hill’s RegWatch
That’s when the accountability watchdog group Cause of Action stepped in to defend Zucker.
“This case is very much about what reins there are on the government,” Cause of Action Executive Director Dan Epstein said Wednesday in an interview. “The government is essentially saying it can go after former corporate officers (who have done nothing illegal). It sets a dangerous precedent for innovators and entrepreneurs in the United States.”
At issue is the notion of limited liability — whether business owners and corporate officers should be personally responsible for the actions of their companies.
Cause of Action and Zucker fought back with a counter lawsuit that argues the government exceeded and “abused” its authority by going after a business owner — an individual person — who had not broken any laws.
Dan Epstein on WIBA-AM Upfront w/ Vicki McKenna 01/14/2014
Discussing the FBI’s decision to forego criminal charges in the IRS investigation.
Washington Free Beacon: Watchdog Criticizes Justice Dept. Decision to Forego IRS Criminal Investigation
Read the full story: Washington Free Beacon
Cause of Action executive director Dan Epstein said the documents his group obtained, which were shared with the Washington Free Beacon, suggest that TIGTA’s investigation may have been inadequate.
…
“Given that IG George’s examination of tax-exempt applicant reviews at the IRS was conducted over a period of just a few months—was a thorough investigation of the IRS ever possible?” Epstein asked in an emailed statement.
Even the review that did take place lacked the authority to use investigative tools that might have uncovered wrongdoing, Epstein said.
“Given that IG George chose to forego an investigation and pursue an audit, coupled with no evidence of any meetings with the FBI in IG George’s calendars, is it any wonder that the FBI has been unable to find criminal violations?” he asked.