Eden Winokur

Partner

Qualifications: LLB, BA

Industries

Practices

Eden is a leading cyber, privacy, disputes and insurance lawyer who heads Hall & Wilcox’s cyber team.

Cyber and privacy

Eden specialises in advising on the full spectrum of cyber risk. This includes:

  • acting as incident response provider/breach coach and/or legal advisor in the event of a cyber security incident or data breach, providing an urgent triage and assessment of the incident and risks;
  • managing the incident response process, including the engagement of cybersecurity and other expert vendors, along with directing IT forensic investigations. Beyond IT experts, cyber incidents can involve engaging specialist vendors for reputational risks, notification specialists, call centre services, credit monitoring providers, business interruption adjustors and ransomware negotiation experts. Eden has strong relationships with leading specialist vendors dealing with all aspects of cyber incidents;
  • cyber insurance coverage advice, including in relation to claims by SMEs as well as large and complex claims, which often require technical knowledge about cyber incidents;
  • providing privacy and other legal advice in respect of actual or suspected data breaches or security incidents, including drafting notifications to and engaging with the OAIC and individuals affected by data breaches;
  • advising clients in relation to regulatory investigations initiated by the OAIC, as well as assisting clients respond to and settle complaints with the OAIC following a data breach;
  • managing privacy advice from local experts in multi-jurisdictional incidents, particularly those involving European citizens under GDPR;
  • advising on notifications to regulators and regulatory bodies, including ASIC, APRA, ASX, ACSC and ACNC; and
  • defending or bringing subrogated claims arising from cyber incidents, particularly in relation to social engineering fraud, breach of contract or negligence.
Cyber advisory

Eden provides pre-incident and post-incident cyber advisory services to executives, boards and key individuals from organisations, including large ASX-listed companies, corporates, SMEs, insureds and insurers.

Disputes

Eden specialises in advising on disputes, including:

  • defending organisations or professionals against claims arising under professional indemnity or management liability policies, particularly technology or financial services professionals; and
  • defending directors and officers in large-scale complex litigation and regulatory investigations.
Warranty & indemnity

Eden also specialises in advising insurers and insureds on complex and large claims made under W&I insurance policies associated with M&A transactions.

Experience

Cyber

Eden has acted for hundreds of organisations in connection with Australian and multinational cyber security and data breach incidents, including some of Australia’s largest and most high profile cyber matters. His practice includes providing pre-incident and post-incident training to executives, boards and leadership teams regarding cyber risk and responding to cyber incidents.

Disputes

Eden has acted for numerous directors, officers and organisations in litigated matters in Supreme Courts, Courts of Appeal, Federal Court and in administrative proceedings. Highligted matters inlcude:

  • acting for a major telecommunications company in the NSW Supreme Court in a matter involving allegations of breach of duty and negligent network security services offered as part of what was then described as Australia’s largest ever internet event. The case involved highly technical expert evidence regarding internet security;
  • acting for the CEO and director of the major subsidiary of a collapsed public company against ASIC in the Queensland Supreme Court, Queensland Court of Appeal and in a Federal Court class action relating to numerous contraventions of the Corporations Act for dishonesty, failing to take reasonable steps in the misappropriation of $147.5 million and the preparation of false documents; and
  • acting for the former CFO and company secretary of a collapsed public company in the New South Wales Supreme Court in defence of a false and misleading conduct claim against directors and officers, which was alleged to have caused the plaintiffs to lose $100 million.
Warranty & indemnity

Eden has acted on numerous W&I claims for both insurers and insureds, including:

  • acting for an insurer in a highly complex W&I claim involving an acquisition worth over $180 million. The claim involved breaches of warranty arising from ineffective registrations on the PPSR;
  • acting for an insurer in a W&I claim involving an acquisition worth over $300 million. The claim involved two breach of warranty claims relating to allegations of the underpayment of a material contract with a key client and an intellectual property dispute; and

Awards and recognition

AILA Ron Shorter Prize
Professionalism in Public Speaking

Professional Membership

  • NSW Law Society

Latest thinking

Cyber | 10 May 2022

AFSL holders on notice for cybersecurity failings

Following ASIC v RI Advice, AFSL holders should be aware that cybersecurity protocols are now a core obligation in the provision of financial services.

Related event

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