Kutak Rock attorney Bryan Handlos authored the article "Challenging the Enforceability of Regulator Enforcement Actions: LabMD vs. the FTC" for the July/August 2018 issue of Nebraska Banker. The article is featured in the Counselor’s Corner section of the publication, which focuses on providing guidance on relevant legal issues.

In June of 2018 the United States Court of Appeals for the Eleventh Circuit decided that a regulatory cease and desist order was unenforceable based on its lack of specificity. In LabMD, Inc. v. Federal Trade Commission, the court invalidated an FTC Order in a case involving data security.  Although banks typically need not concern themselves with the FTC, the decision has implications for enforcement actions by bank regulators and potential relevance beyond data security.

In this article Mr. Handlos discusses the facts and fallout of the LabMD ruling, and urges banks to be aware of regulation by enforcement.

To see the entire article, please see page 12 at the link below.

Challenging the Enforceability of Regulatory Enforcement Actions

Handlos is a partner in the firm’s Omaha office and concentrates his practice on bank regulatory and consumer financial services matters. He represents banks, nonbank financial services providers and commercial customers acquiring financial services products. His experience includes consumer compliance, retail banking, operations, treasury services and core bank regulatory topics.