Soon to arrive for signature on the governor’s desk is New Jersey’s version of the Uniform Trade Secrets Act (UTSA or, as to New Jersey, the NJTSA). If enacted, New Jersey would join the 46 other states, and the District of Columbia, that have adopted the UTSA with various modifications. Currently, only New Jersey, New York, Massachusetts and Texas have not signed on to the UTSA.
To date, trade secret litigation in New Jersey has been based upon common law. If enacted, the NJTSA would change the definitions and remedies in trade secret litigation. Indeed, the outcome of a case in New Jersey might vary depending upon whether the court applied the UTSA or common law.
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