Let’s get one thing straight: When you get breached, you are guilty until proven innocent. That first letter from a law firm? It’s not a heads-up. It’s a warning shot. And how you respond determines whether you end up bleeding cash in a courtroom or popping champagne because they walked away.

Welcome to the Age of Assumed Negligence

The second a breach goes public, the legal sharks start circling. Not because they know what you did wrong—but because they assume you did something wrong. And if you can’t prove otherwise—clearly, quickly, and convincingly—congratulations, you’re now “negligent.” It’s like a reverse Oprah episode: “You get a lawsuit! You get a lawsuit! Everyone gets a lawsuit!”

The problem? Most companies scramble like headless chickens trying to piece together evidence after the breach. Old meeting minutes. Dusty policies. A half-baked incident response plan last touched in 2016. That’s not a defense. That’s a neon sign that says, “We’re gonna settle.”

What Real Defense Looks Like (Spoiler: It’s Not an Excuse)

Imagine this instead: a breach happens. You notify victims within days—not months. The legal letter comes in, and bam, you punch back with a clean, indexed, third-grader-proof set of documentation. Hundreds of pages of current, relevant evidence. Not only do you prove you’re compliant—you prove you care.

At that moment, the opposing attorney realizes you’re not their payday. You’re their problem.

This is the difference between being targeted and being untouchable.

The Evidence Arms Race

This is where most execs go wrong. They treat compliance and security like insurance—you’ll deal with it when you need it. That’s a rookie move. By then, the house is already on fire.

Here’s what you need on tap, ready to go:

  • Real-time compliance documentation – Aligned to your regulatory frameworks (HIPAA, PCI, SEC—you know, the big ones).
  • Security operations evidence – Show your work. Prove you did the scans, patched the holes, trained the humans.
  • Insurance alignment – If you don’t have evidence, your insurance carrier won’t back you. You’ll be alone in court, and they’ll be cashing your premiums while ghosting your claims.

You Look Like an Easy Target Because You Are an Easy Target

The cyber insurance market is tightening. Underwriters are asking hard questions. And if you can’t spit out answers without a four-week excavation, you’re not getting paid. Worse? If you’re out of compliance, you are negligent. That’s not my opinion—that’s how the law sees it.

Oh, and one more thing: lawsuits don’t require facts. They require an opportunity. If you look weak, you are weak. That’s why we build evidence before there’s blood in the water.

Final Thought: Punch First, Not Last

In this world, the companies that survive are the ones that hit back first. With evidence. With documentation. With a story that makes it impossible to prove you were negligent.

And that story needs to be told so simply that a third grader on a jury can understand it.

Because if a lawyer smells confusion, they smell opportunity. If they smell competence, they go find someone else to sue.