“Breach Coach®” designates a law firm that specializes in providing cyber breach response services and has been authorized by NetDiligence to use the title. In this article we look at what a Breach Coach does, and how, why, and when, to access their services.
A big thank you to Jamie Sheller Esq., Breach Coach® Program Director, NetDiligence, for her assistance with this article.
What is a Breach Coach?
The service mark, “Breach Coach®“, registered by cyber risk management company NetDiligence, refers to a law firm that has been formally recognized by NetDiligence for demonstrated excellence in data security and privacy services. Only highly experienced law firms are considered for the Breach Coach designation. Firms must handle a minimum of 50 cyber breaches per year and undergo a rigorous assessment process to become an authorized Breach Coach firm. To be clear, the Breach Coach authorization only applies to vetted law firms, not to individual lawyers.
Authorized Breach Coach firms comprise a select group of top-tier law firms that serve a range of jurisdictions and sectors. Other firms also provide data security and privacy services, including cyber incident response services. Look for firms with practice titles such as:
- Cybersecurity and data privacy,
- Cybersecurity, privacy and data protection,
- Data privacy and cybersecurity, or
- Data governance protection and cybersecurity.
Individual lawyers that specialize in this area of work typically go by titles such as: Cyber Security lawyer or Data Breach lawyer.
What does a Breach Coach do?
A Breach Coach firm plays a crucial role in all stages of a cyber incident.
- Pre-breach, they help organizations develop incident response plans, conduct cyber risk assessments, create cyber awareness program, and ensure regulatory compliance.
- During a breach, they act as the central coordinator, working with forensic experts, IT teams, and insurers to contain the incident while managing legal obligations and breach notifications.
- In the post-breach phase, they guide organizations through regulatory investigations, litigation risks, and compliance reviews, while advising on security improvements to prevent future incidents. Their expertise ensures a structured, legally sound, and efficient breach response process.
While Breach Coach firms assist in many different areas, they are best recognized for the critical role they play in assisting with cyber breach recovery, ensuring a prompt and well-coordinated response to minimize financial and reputational damage.
When a cyberattack occurs, swift containment is crucial, as delays or mismanagement can lead to significant losses. Breach Coaches act as legal experts and trusted advisers. They coordinate response efforts among forensic investigators, crisis management teams, insurers, and other key professionals. Their established relationships with third-party vendors allow for rapid response, ensuring organizations can quickly mitigate risks. According to a 2024 IBM and Ponemon Institute report, it takes an average of 277 days to contain a data breach. Acting immediately is essential. Additionally, Breach Coaches help organizations comply with data breach notification laws, reducing liability risks while safeguarding their reputation.
Cyber incident response
Example situation
A healthcare facility fell victim to a malicious cyber attack. The attack was a cause for concern. Patient care and safety were potentially compromised due to the inability to access electronic records. Fortunately, the organization was able to quickly mobilize a response team which included a Breach Coach firm who was instrumental in resolving the emergency.
Having a Breach Coach readily available helped the organization quickly identify and respond to an attack. It also helped that they had been conducting annual consulting engagements for plan review and tabletop exercises. They were prepared. This rapid response limited potential harm and protected the organization’s reputation.
Breach Coach and Cyber Insurance
A cyber data or security attack can lead to the loss of sensitive data, downtime, financial losses, and a negative impact on the reputation of the organization. These are the chief reasons cyber insurance coverage is becoming very important – it offers organizations a contingency plan if a cyber attack occurs.
Breach Coach firms have close working relationships with insurance companies. When there is a cyber insurance claim, the Breach Coach firm plays a critical role by guiding the affected organization through the legal and regulatory complexities of the data breach. Many cyber insurance policies include access to Breach Coach services, ensuring that affected organizations receive expert legal counsel during a security incident. Having a Breach Coach as part of a cyber insurance policy ensures a structured, legally sound response, improving recovery and reducing overall breach costs.
Why do you need a Breach Coach?
Prompt and efficient breach response
A data breach can take various forms, such as a cyber attack, the misplacement or theft of a computer or electronic device containing confidential data, or the inadvertent exposure of information. Regardless of the type of breach, Breach Coach firms can provide prompt and efficient assistance in responding to the incident. A breach coach will help to identify the extent of the breach, evaluate the possible repercussions, and devise strategies to manage and rectify the breach.
Compliance with data breach laws
There are privacy laws that are specific to the industry in which your organization belongs. A Breach Coach can help you understand your obligations under these laws and the compliance requirements that you need to meet. And can also help you develop a plan for notifying affected parties.
Improving security
A cyber incident can leave an organization vulnerable and exposed to potential future attacks. In order to prevent such incidents from recurring, it is important to identify the weaknesses in the existing security system and take the necessary steps to strengthen them. This is where a Breach Coach firm can be of great help. They can conduct a thorough investigation into the incident and identify the specific areas where the organization’s security protocols were insufficient or ineffective. Based on their findings, they can then provide recommendations for improving security measures and preventing similar incidents in the future. By working with one in the aftermath of a cyber incident, organizations can better understand their vulnerabilities and take proactive measures to enhance their cybersecurity efforts.
Proactive remediation measures
You need a Breach Coach to implement remediation measures in order to prevent future attacks. Remediation measures include system updates, third-party assessments, and training programs to educate employees. The human element is a major factor in data breaches. For example, Verizon’s 2024 Data Breach Investigations Report states that 68% of the breaches reviewed involved a human element. Training programs can improve incident readiness and security awareness.
How to access Breach Coach services?
Breach Coach firms provide valuable assistance in the pre-breach, breach, and post-breach stages of a cyber incident. Organizations typically access Breach Coach services in either of the following two ways:
Through an insurer
Purchase a cyber insurance policy that includes access to Breach Coach services. This approach is particularly valuable giving organizations quick access to breach response services when needed. When a cyber incident occurs, just contact your insurance broker or insurance company and they will activate their panel of response professionals.
Insurance buyers need to do their due diligence when buying a cyber insurance policy and ask the insurance company who the Breach Coach is. You want to ensure that the one recommended has experience dealing with cyber incidents and has a strong track record of helping companies through the process.
While many insurance companies offer cyber insurance policies that provide access to breach coaches as part of their coverage, it’s important to note that not all policies are the same. Read the policy carefully to understand what services are included and what the limits and exclusions are.
Direct engagement
Organizations may also select to do their own research and engage with a reputable Breach Coach firm directly. This is often the approach organizations take when they don’t have an inclusive cyber policy in place and they are looking for assistance with pre-breach support such as an incident response plan or cyber risk assessment. As a Breach Coach firm works with many different clients they can provide helpful guidance and benchmarks that many be otherwise difficult to obtain. Again, not all firms are the same, look for one that has experience and understands your legal jurisdiction and your industry.
The Global Risks Report 2022 of the World Economic Forum says despite the cybersecurity measures instituted by individuals, businesses, and the government, cybercriminals continue to adopt sophisticated strategies. Also, according to the eSentire official cybercrime report, cybercrime will grow to $10.25 trillion by 2025. In light of these startling statistics, individuals and organizations need to prioritize putting cyber incident response plans in place or re-evaluate existing ones.
Can an inhouse lawyer perform the same role?
An inhouse lawyer can perform some of the same role as a Breach Coach firm however there are a few important differences:
- Situation specific experience – the Breach Coach firm typically has much more experience in cyber incident response. A cyber breach is an urgent situation. The more experience a lawyer has with your particular type of breach (they are NOT all the same), the better equipped they are to act quickly and appropriately.
- Legal privilege – of great importance is the issue of attorney-client privilege. Attorney-client privilege is a legal principle that protects confidential communications between and client and their attorney from disclosure. While an in-house lawyer can establish attorney-client privilege with their employer, there are limitations. For example, if the lawyer is acting in an operational role it may not apply. Likewise, privilege may not apply depending on who is party to the communication. And, of course, limitations vary by jurisdiction. These limitations can be avoided by working with an external law firm.
- Regulatory and litigation readiness – specialized law firms will have experience dealing with regulatory agencies (e.g., SEC, FTC, GDPR regulators), often handle numerous similar cases and have experience with potential lawsuits.
- Established relationships – specialized law firms often maintain strong ties with forensic experts, PR teams, and law enforcement, enabling swift, effective incident response coordination.
Key Takeaways
- ‘Breach Coach’ refers to a law firm that specializes in cyber incident response and has been authorized by NetDiligence to use the title.
- Breach Coach firms work with a network of experts to help respond effectively and quickly to cyber-attacks.
- Breach Coach firms provide pre-breach, breach, and post-breach assistance.
- Breach Coach lawyers can establish legal privilege (attorney-client privilege).
- Many insurance companies give their clients access to vetted Breach Coach firms as part of their cyber insurance coverage.
- A vetted Breach Coach can serve as an invaluable resource, making sure you are taking the necessary steps to respond to a breach and comply with your legal obligations.
