The risk of information leaks (leaks of personal information and trade secrets) is something for which an enterprise should always be prepared. For this reason, modern enterprises have reached beyond the scope of regular liability insurance for extra insurance and special contracts devoted solely to information leaks, which are becoming increasingly common.
In the case of leaks of personal information, however, it is not easy to identify the cause (identifying the leaker of the information or unauthorized access, identifying program vulnerabilities, etc.), or determine the extent of the damage caused to the victim. In the case of leaks of trade secrets, it is not easy to identify the route of the leak, determine whether the leaked information is considered to be a trade secret or not, or to prove the amount of damages. There are numerous difficult problems to be surmounted at both the factual and legal levels.
To address these difficulties, it is necessary to collaborate appropriately with technical experts to determine the industry’s technical standards and to confirm the facts by conducting log analysis and digital forensics, interviewing the relevant people, and analyzing the state of information management, before conducting a legal review.
We have extensive experience advising and representing companies that have suffered information leaks, as well as advising and representing non-life insurance companies regarding insurance against information leaks. Also, for the proper investigation of information leak cases, we have also established systems that enable us to collaborate with appropriate outside technical experts according to the nature of the case. In addition, for cases involving personal information and trade secrets, we have established systems that enable us to cooperate with attorneys specializing in such matters.
Major matters and achievements
- Represented a non-life insurance company in legal proceedings concerning a compensation claim against a vendor regarding an information leak
- Provided legal advice concerning the application of information leak insurance as an adviser to a non-life insurance company
- Represented a manufacturer in legal proceedings concerning a claim for compensation for damages related to the leak of trade secrets.