In what may be the first case of its kind, former Uber chief security officer Joseph Sullivan was found guilty on October 5, 2022, of obstructing justice for “covering up” a 2016 data breach, failing to report it to the FTC and of actively hiding a felony. He could face up to eight years in prison and no other Uber executives were charged in this case. The Anti-Corruption Report spoke about the case with Discernible founder Melanie Ensign, who was the former head of privacy and security communications at Uber at the time of the incident, and who testified at the trial, and Orrick partner Joseph Santiesteban. This article includes their commentary in connection with our review of the facts of the case as alleged, its implications and practical advice around individual liability and incident response plans. See “NYC Bar Report on CCO Liability Calls for More Regulatory Guidance, Transparency and Cooperation
” (Apr. 15, 2020).