SINGAPORE — Information technology vendor Capgemini’s lawyers argued in court on Monday that it should have to pay “nominal damages” to gaming hardware maker Razer over a data leak, instead of the sum of US$6.5 million Lawyers for Razer countered that the amount of damages should not be reduced, while trying to establish that they had not been contributorily negligent or failed to mitigate the data leak.
It made headlines after Mr Diachenko discovered the breach and posted a LinkedIn article about it on Sept 10, 2020.THE APPEAL Mr Argel Cabalag had added a “#” command to a configuration file that controlled security and access to an application. The misconfiguration then disabled the security settings of the application, eventually leading to the data breach.
Among his arguments in court, Mr Leck noted Razer’s own evidence – that it would have provided an “orderly resolution” if its cyber security and compliance process architect at the time, Ms Tiong Lee Lan, took reasonable steps to ensure the data leak was brought to her attention. In finding that Razer was not contributorily negligent for the data breach, Justice Lee wrote in his judgment he did not think the"wording of an internal company reprimand" would"shed any light on whether Razer caused the damage or would have suffered less damages if it acted promptly".In response, Razer’s lead counsel, Mr Wendell Wong from Drew & Napier, asked what extent of reaction time could be deemed a breach.