October 8, 2024 at 05:59PM
Former Uber CISO Joseph Sullivan, convicted for covering up a data breach, seeks a new trial due to procedural omissions, claimed to have tainted the original verdict. The prosecution argues for a more stringent penalty, while Sullivan’s defense asserts that key requirements were not part of the jury’s instructions, calling for a reversal. The court’s decision is anticipated by industry stakeholders.
From the meeting notes, it is clear that former Uber CISO Joseph Sullivan, convicted in 2023, is seeking a new trial. He claims that omissions in the original trial procedures tainted the verdict. The initial conviction was related to charges stemming from Uber’s 2016 data breach, for which he received three years of probation, a $50,000 fine, and 200 hours of community service. However, the prosecution argued for a 15-month prison term.
Sullivan’s defense attorneys argued that there were key limitations in the nexus requirement that were not made clear to the jury during the initial trial. They claimed that these requirements, related to section 1505, weren’t part of the jury’s instructions, which undermines the entire conviction, prompting a call for a reversal.
The prosecution countered that even if there were errors in jury instruction, Sullivan’s actions of falsifying documents and authorizing hush money were clear obstruction of justice.
The court has not made a decision, but the ruling will be closely watched by CISOs, boards of directors, and legal scholars, as Sullivan’s conviction has sparked more legal scrutiny and charges against CXOs, especially in cases related to compliance with data-handling laws.