Wyndham Hotels and Resorts, LLC may be far from winning the war, but it has won a small skirmish in its ongoing dispute with the Federal Trade Commission. As we have previously reported, Wyndham is challenging the FTC’s authority to regulate companies’ data security practices. In April, the U.S. District Court for the District of New Jersey rejected Wyndham’s motion to dismiss the FTC’s suit, holding the FTC has the statutory authority to bring an action against the company over its allegedly lax security practices. Last week, the court allowed Wyndham to file an interlocutory appeal on this issue to the Third Circuit, before the claims are resolved on the merits. In doing so, the court acknowledged that Wyndham has raised substantial issues about the FTC’s authority, which are “of nationwide significance.” Wyndham must now convince the Third Circuit to allow its early appeal. The federal district court also held that the various Wyndham entities can be held jointly liable and severally liable for the alleged violations of the FTC Act.