In January, the New Jersey Trade Secrets Act (NJTSA) was enacted, N.J.S.A. 56:15-1 et seq., based on the Uniform Trade Secrets Act (UTSA). Although the NJTSA expressly supplants New Jersey’s prior common law regarding trade secrets, in “the field of submission-of-idea law, there is uncertainty as to whether or not the USTA applies.” Ahlert v. Hasbro, 335 F. Supp. 2d 509, 512 n.6 (D.N.J. 2004). Therefore, New Jersey lawyers should remain mindful of theft-of-idea law until the scope of the NJTSA’s pre-emptive effect is determined by our courts.
The NJTSA defines a trade secret as being:
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