Companies trying to manage their cybersecurity and data protection regimes already have very full plates. Keeping track of confidential data and figuring out how to thwart the next attack are challenges in and of themselves. But in recent years companies have had to adjust to evolving regulatory standards around data as well.

And the Federal Trade Commission will be watching them. Before this week, a case brought by hospitality company Wyndham Worldwide Corp. and its subsidiaries threatened the commission’s ability to investigate and punish companies that allegedly fail to secure their networks sufficiently. But the U.S. Court of Appeals for the Third Circuit stopped Wyndham’s case in its tracks on Monday, meaning in-house counsel will still have the FTC as a worrisome source of potential liability when it comes to data security.

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