This is an interesting perspective from Colin Hulme at commercial law firm Burness Paull. Losing IP or confidential information in this era is effectively the same as losing profits through reputation damage and, in some cases, financial penalties. 

The use of UEBA (user entity behaviour analytics) is becoming increasingly common to detect and neutralise this kind of threat before it becomes a risk to the business. Being able to log, search and be alerted to abnormal user behaviour would significantly reduce the risk of information leakage in this scenario. And should a data leak be missed, the organisation would have a complete forensic picture to show adequate steps had been taken to safeguard the information.