When your business suffers a data breach, the impact extends far beyond lost data and shaken trust. What many companies don’t realize is that plaintiff attorneys are actively monitoring breach reports—looking for opportunities to file lawsuits against breached organizations.
Where Attorneys Get Their Information
- State “Name and Shame” Lists: Some states, including New York and California, require organizations to notify the state after a breach. These states publish the details in public databases for consumers. While helpful for transparency, these lists are also prime hunting grounds for attorneys.
- Breach Monitoring Sites: Lawyers also watch sites like ransomware.live, which track claimed ransomware attacks. For example, even small organizations with sensitive personal information — like a family law firm holding 168 GB of divorce-related data—have been listed
Why This Matters to Your Business
- Attorneys Don’t Wait: Once a breach shows up on a list or monitoring site, attorneys often send out demand letters almost immediately.
- Lawsuits Are Costly: Legal teams usually take around 33% of any settlement, but businesses pay the price in money, time, and reputation.
- No One Is Too Small: Even small firms with sensitive client data are fair game for class-action suits.
The Reality
You can’t “quietly” handle a breach anymore. Regulators, consumers, and plaintiff firms all see the same information at roughly the same time. The exposure is instant.
What Businesses Should Do
- Partner with Your MSP: Ensure they have layered defenses and a tested incident response plan.
- Monitor Your Risk: Stay aware of breach trackers and consider what your industry peers are facing.
- Plan for Legal Fallout: Speak with counsel now—before an incident occurs.
Conclusion
Transparency rules and breach trackers make it impossible to hide. If your organization is breached, attorneys will know quickly—and lawsuits are likely to follow. The best protection is preparation, strong partnerships with your MSP, and an incident response plan that acknowledges the legal realities.
