I hope that's not true. Surely if the "leak" is the result of an employee acting unlawfully, i.e. maliciously leaking their employer's intellectual property in

I hope that's not true. Surely if the "leak" is the result of an employee acting unlawfully, i.e. maliciously leaking their employer's intellectual property in contravention of their employment agreement, then the leak does not constitute a disclosure. If it did, then IP-based organisations would have an absurd level of exposure to the bad actions of any employee, and would have to impose equally absurd security measures - cavity searches at the exits, anyone? - on every employee with access to IP.