Photo of Nicolette Roger

Nicolette M. Roger has a commercial litigation practice in a wide variety of matters, including class actions, product liability, investigations, bankruptcy, and arbitrations.

Contact: nroger@fbm.com

Governor Newsom recently signed into law AB 2273, the California Age-Appropriate Design Code Act (CA AADCA), making California the first state to pass broad privacy protections for children.

The CA AADCA is modeled after the UK’s Age-Appropriate Design Code (UK AADCA) which came into effect last year. While the two acts are not identical, businesses that conformed to the UK AADCA will see many similarities with the CA AADCA. Both laws seek to provide higher default privacy protections for children and set forth various requirements for covered businesses.
Continue Reading California Passes Landmark Privacy Protections for Children With Big Implications for Online Providers

On October 5, 2022, after a monthlong jury trial, former Uber Chief Information Security Officer Joseph Sullivan was found guilty of obstructing proceedings of the Federal Trade Commission (FTC) and misprision of a felony related to failure to disclose two data breaches in 2014 and 2016. Sullivan remains on bond pending his sentencing, where he faces a maximum sentence of five years for the obstruction charge and three years for the misprision charge.

Sullivan was hired by Uber in 2015 and handled the company’s response to the FTC regarding the 2014 breach. Sullivan supervised Uber’s responses to the FTC, testified under oath to the committee regarding the company’s data protections, and supported a preliminary settlement entered into by Uber and the FTC in the summer of 2016.

However, shortly after Sullivan’s testimony in 2016, Uber fell victim to another cyber-attack.
Continue Reading Uber’s Former Chief Security Officer Found Guilty of Obstruction for Coverup of Data Breaches