If he has not signed agreement to that effect he may succeed.
He may vehemently deny and claim that he is not signatory to any such agreement, and he has not disclosed.
The company has agreed that data has leaked from India.
Consult a lawyer handling such cases in advance.
You may find the following as relevant;
The Virginia Uniform Trade Secrets Act:
A Critical Summary of the Act and Case Law
In many cases a written contract will not be in place between the trade secret owner and the misappropriator of the trade secret. A frequent example involves a departing employee who misappropriates a trade secret from his employer and the employee has not executed a non-disclosure of proprietary information agreement. Recognizing the obvious inadequacies of the use of the property theory and the contract theory to justify the protection of trade secrets, law professors and jurists advanced the theory that the protection of trade secrets is justified on the basis of a general duty of good faith. That is, it is fair to protect someone who has a trade secret from someone who misappropriates it by improper or unlawful means. Finally, it has been argued that trade secret protection is justified, like patents, to encourage inventors and investors to create, innovate and develop new technologies by protecting their inventions and investments and allowing them to profit thereby.