Jenner & Block

Staying the Course: FTC to Mediate with Wyndham on Data Security Practices

On November 17, 2014, the U.S. District Court for the District of New Jersey stayed the landmark litigation challenging the FTC’s authority to regulate businesses’ unfair data security practices pending the result of a private mediation among the parties.  The parties’ mediation, if successful, will resolve the FTC’s claims against Wyndham, and will leave in place the district court’s April opinion denying Wyndham’s motion to dismiss.  But the broader questions about the FTC’s authority to regulate businesses’ unfair data security practices would remain open.