In January, New Jersey adopted the Uniform Trade Secrets Act (NJTSA), N.J.S.A 56:15-1 et seq., affording greater protection for trade secrets in New Jersey. Recognizing the significant damage that misappropriation of trade secrets poses to businesses, New Jersey joined 46 of its fellow states and the District of Columbia, which have adopted, in whole or in part, the Uniform Trade Secrets Acts (UTSA). (New York, Massachusetts and Texas are the three states that have not enacted the UTSA.)
The NJTSA is intended to provide greater clarity and consistency in the event of a threatened or actual loss of trade secrets through misappropriation. It must be noted, however, that the NJTSA has some important differences from the general UTSA as adopted by other jurisdictions, as well as from the pre-existing common law of New Jersey.
What Is a Trade Secret?
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