As many companies have learned, a paperless workplace is often a vulnerable workplace perpetrating information piracy has never been easier. This development directly impacts commercial litigation, which increasingly involves disputes over information stored on digital platforms. The fundamental principles of business litigation will survive the transition to a more technology-based work environment; a well-guarded proprietary formula enjoys protection whether stored in a cabinet or on a hard drive. Still, the modern litigator should not rely solely on case law involving stolen rolodexes or Redwelds. Indeed, as businesses evolve, their lawyers must, too.
To that end, New Jersey practitioners should familiarize themselves with the state’s Computer Related Offenses Act (CROA), N.J.S.A. 2A:38A-1 to -6. Enacted in 1984, CROA provides a civil remedy to businesses and individuals “damaged in business or property” as a result of “[t]he purposeful or knowing, and unauthorized accessing or attempt to access any computer, computer system, or computer network.” N.J.S.A.2A:38-3(c). The law similarly applies to intentional “and unauthorized altering, damaging, taking or destruction of any data.” N.J.S.A. 2A:38-3(e). Liability is imposed on the “actor,” an undefined term.
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