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DATA PRIVACY & CYBERSECURIT Y
Cyber Incident Response in 2025: A Strategic Imperative for General Counsel By LANEY ALTAMAR | PRESENTED BY
T
he scene feels almost familiar based on the stats and headlines around the growing number of incidents. It’s 2:03 a.m. Your phone buzzes on the nightstand, and the caller ID tells you everything you need to know before you answer. It’s your CISO. “We have a situation.” A visceral reaction is understandable, but feeling helpless and out of control does not need to be inevitable. Cyber incident response begins with readiness, trusting your team, and executing the plan you put in place for these moments. It is possible to shift the script to ensure that legal is ready, steady, and leading from the center of the response.
WHEN THE INCIDENT BECOMES REALITY In 2024, the global average cost of a data breach rose to $4.88 million, reflecting a 10% increase from the previous year, according to IBM’s 2024 Cost of a Data Breach Report. The impact goes beyond lost data. It includes reputational harm, business disruption, and the rising complexity of legal exposure. At the same time, insurers reported a 14% rise in large cyber claims, according to Allianz’s BACK TO CONTENTS
2024 Cyber Risk Trends report. These are no longer edge cases. They have become the norm. Cyber incidents used to be the burden of a few unfortunate entities, but now they will inevitably affect most organizations at some point. In this environment, preventative security measures alone are insufficient, and the leadership should focus on what to do when an incident occurs. General counsel are essential to cyber incident response. Legal teams are positioned to help triage risk and manage disclosure obligations across global jurisdictions. Cyber incidents today require legal leadership that is informed, involved, and ready.
THE CYBER LANDSCAPE HAS SHIFTED Litigation now follows a growing number of incidents, especially those involving personal data, critical systems, or third-party failures. According to Chubb and the Insurance Information Institute, third-party litigation following ransomware attacks rose by 75 percent in 2024 compared to the 2020–2021 average. Governments across North America, Europe, and APAC are accelerating regulatory action. Notification
timelines are shrinking, and enforcement efforts are intensifying. Legal teams must now interpret and respond to overlapping regulatory requirements, often across multiple jurisdictions. Executive and board scrutiny has also increased. Leaders expect rapid, informed legal guidance that balances transparency, risk, and business continuity.
AN ESSENTIAL ROLE FOR GENERAL COUNSEL General counsel are expected to be more than advisors. They are risk managers, communicators, and incident coordinators. They help shape the early response, preserve privilege, and maintain credibility with internal and external stakeholders. They also play a central role in setting the tone. Legal is often the steady hand in the room when pressure peaks, guiding communications, protecting relationships, and keeping the organization aligned. Data identification is an increasingly vital area of readiness and response. Legacy review workflows built for litigation do not support incident response timelines. General counsel must oversee a process that delivers faster and more focused
SEPTEMBER/OCTOBER 2025
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