Eden specialises in cyber and data security risks and is a member of W+K’s Australian cyber incident response team. Eden is also a member of the firm’s Legalign Global cyber incident response team ensuring multi-jurisdictional cyber incidents can be dealt with by best-in-region law firms that share consistent, unparalleled service standards. He has extensive experience dealing with cyber incident response and claims, advising on pre-incident data privacy, risk management training and advising on cyber insurance coverage for both local and international insurers as well as their insured clients.
Eden takes a proactive and commercial approach as a data breach and incident response manager, helping clients respond to major cyber incidents as part of our 24/7 response team. He advises on the full range of cyber and data incidents, including conducting investigations with IT forensics, assisting with data breach investigations, providing regulatory and other legal advice, preparing notifications to relevant regulatory bodies, managing notification campaigns and advising on media strategy. Eden also assists clients to prepare for cyber risks, including providing staff training, developing cyber incident response plans, providing advice on privacy policies and pre-emptive procedures for large multi-national organisations through to SME clients.
Beyond his cyber experience, Eden also specialises in defence work and advising on coverage, primarily in D&O, professional indemnity and W&I claims. He has extensive experience defending directors and officers in litigated matters, including in regulatory investigations and enforcement actions. He has also advised insurers on some of the largest W&I claims in Australia.
Cyber + Data Security
- Acting as incident response manager and breach counsel for a major non-for-profit in what was Australia’s largest ever data breach. The matter involved an extensive notification campaign, providing regulatory advice including a comprehensive investigation by the Office of the Australian Information Commissioner, advising on various novel coverage issues and advising on a potential recovery action.
- Acting as incident response manager and breach counsel for a major Australian car-sharing company in relation to a hacking event and data breach, which included the perpetrator being arrested by the NSW Cyber Crime Squad. The matter involved complex IT forensic investigations, providing regulatory advice, a notification campaign, a criminal prosecution and handling privacy complaints with the privacy regulator to reduce the client’s exposure.
- Acting as incident response manager and breach counsel for a multi-national financial services company in connection with a potential major data breach. The matter involved highly technical IT forensic investigations and providing a wide-range of regulatory advice.
- Advising numerous large multi-national and Australian companies and institutions in relation to their legal and notification obligations under the Privacy Act in connection with Australia’s largest third-party data breach at a major multi-national organisation.
- Acting as incident response manager and breach counsel for a SME health organisation in relation to a business email compromise and data breach incident. The claim involved assisting with IT forensic investigations, providing regulatory advice, obtaining expert evidence and preparing a successful submission to the Office of the Australian Information Commissioner seeking an exemption from notification under the Privacy Act.
- Acting as incident response manager and breach counsel for a SME in relation to a ransomware and potential data breach incident that prevented the organisation from conducting its business. The claim involved the management of urgent IT forensic assistance to contain the threat, unlock the company’s encrypted data and restore the organisation’s network. The claim also involved analysis of regulatory obligations and advice on a recovery action.
Directors & Officers
- 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.
- 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.
- Acting for a major telecommunications company in the New South Wales Supreme Court in a matter involving allegations of breach of duty and negligent network security services offered as part of what has been dubbed Australia’s largest ever internet event. The case involves highly technical expert evidence regarding internet security.
- Acting for a financial advisor and planner in the New South Wales Supreme Court against a former client in relation to allegations of negligent financial advice in a claim valued at $4.5 million.
Warranty + Indemnity
- Acting for an insurer in a highly complex W&I claim involving breaches of warranty in connection with ineffective registrations on the PPSR following an acquisition deal worth over $180 million. The matter involved providing complex advice in relation to coverage, litigation strategy, claim management and recovery. The strategy developed allowed the insurer to significantly reduce its exposure to the claim.
- Acting for an insurer in two breach of warranty claims relating to allegations of the underpayment of a material contract with a key client and an intellectual property dispute following an acquisition deal worth over $300 million.
- Cyber + Data Security
- Directors + Officers Liability
- Financial Institutions
- Professional Liability
- Warranty + Indemnity
- Technology + Cyber
- Financial Institutions
- Australian Insurance Law Association
- Australian Professional Indemnity Group
- Claims Discussion Group
- Law Society of New South Wales