Now is the time of year to identify and lock in the law firm that will help guide you through a cybersecurity incident. The last thing your incident response team wants to worry about in the middle of a cybersecurity incident is who your legal partner is. Organizations can and should avoid this issue by ensuring that their preferred law firm is approved as counsel every year on their cyber liability policy.
The time for renewing your annual cyber insurance coverage is quickly approaching. As your organization prepares for insurance renewals this year, remember to confirm with your broker and insurer that your organization’s preferred firm is authorized to act as your breach coach under your policy.
What is a Breach Coach?
A breach coach is typically an experienced attorney who, together with a team of technical and legal professionals, steps in when a data breach occurs. Acting as the “team manager” of your incident response, the breach coach coordinates your response to legal, regulatory, contractual, and reputational obligations.
They are not just advisors—they are frontline strategists. From interpreting complex legal definitions of a breach to guiding companies through regulatory investigations, their expertise helps contain the damage and reduce exposure. Godfrey & Kahn is one of just 25 law firms nationwide—and the only Wisconsin-based law firm—to be authorized as a Breach Coach® by NetDiligence.
Why You Need a Breach Coach
The aftermath of a cybersecurity incident is a legal and logistical minefield. One misstep—like failing to notify regulators or mishandling customer communications—can make the situation exponentially worse. A breach coach helps you:
- Navigate regulatory obligations across jurisdictions
- Engage the right technical teams (e.g., forensics, crisis PR)
- Support attorney-client privilege over communications with your response team
- Ensure compliance with contractual requirements
- Respond properly to media and consumer inquiries
- Mitigate liability to third parties, including business partners as well as individual data subjects who often pursue civil class action litigation in the wake of a data breach
Without a breach coach, companies risk escalating the damage through mismanagement and non-compliance.
The Insurance Connection
Many organizations are introduced to breach coaches through their cyber liability insurance when they report a potential claim. However, organizations can, and should, identify their breach coach well in advance of any incident.
The best time to get your preferred breach coach approved by your insurance is during your annual renewal. Godfrey & Kahn works with a wide variety of insurance carriers, and we are regularly approved as a breach coach even when insurers have panel requirements. To ensure that Godfrey & Kahn is approved under your policy, we recommend working with your broker and an attorney on our team to submit a prepared package of information to the insurer.
Preparation is Key—Even Without an Emergency
Even if you’ve never experienced a breach, now is the time to act and take appropriate preventative steps that best position the organization in the event of a future breach. Breach coaches can help prepare customized response plans and run tabletop exercises to identify weaknesses. Working with your breach coach throughout the year to prepare for an incident can help speed up recovery time after an incident and ensure you are working with a legal partner who understands your business and core values. The goal is to develop a trusting relationship with your breach coach and be well prepared before the crisis hits.
Key Takeaways
- Don't wait for a breach to build your response team.
- Choose experienced partners—starting with your breach coach.
- Review your cyber insurance policy regularly and ensure your preferred breach coach is formally pre-approved by your insurer.
Cyber incidents are not a question of if, but when. Having a breach coach means you're not facing that moment alone. If you have questions about identifying a breach coach or would like assistance getting Godfrey & Kahn approved as your breach coach, please reach out to Sarah Sargent, Andy Schlidt, or Zach Willenbrink. Now is a particularly appropriate time to do so as you contemplate your upcoming annual renewal for cyber insurance coverage.
If your organization is the potential victim of a cybersecurity incident, you can reach out to one of our attorneys at any time by calling our cybersecurity hotline at 1-833-DATA-LOSS or by contacting us directly.
