Post-Quantum Negligence: When Inaction Becomes Legal Exposure

Post-quantum risk is no longer a distant technical concern. It is an emerging legal exposure. In this episode of Shielded: The Last Line of Cyber Defense, host Jo Lintzen speaks with Darren Bender, a US litigation attorney and Chief Litigation Officer in the post-quantum cryptography sector. Darren introduces the concept of post-quantum negligence and explains how quantum threats intersect with foreseeability, duty of care, and negligence law. He walks through how courts may evaluate Harvest Now, Decrypt Later risk using expert forecasts, Mosca’s theorem, and the Learned Hand test. He also explains why financial services may be first to face litigation and what governance evidence organizations must begin documenting now to defend decisions made today.