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New Jersey Employer’s Benefits Under Newly Enacted Trade Secrets Act



by Emily J. Bordens
Bressler, Amery & Ross A Professional Corporation - New York Office

Michael T. Hensley
Bressler, Amery & Ross A Professional Corporation - Florham Park Office

Dennis Kadian
Bressler, Amery & Ross A Professional Corporation - New York Office

Andrée Peart Laney
Bressler, Amery & Ross A Professional Corporation - Florham Park Office

Jed L. Marcus
Bressler, Amery & Ross A Professional Corporation - New York Office

Tracey Salmon-Smith
Bressler, Amery & Ross A Professional Corporation - Florham Park Office

February 7, 2012

Previously published on February 2012

Employers with trade secrets to protect from pirating and/or disgruntled employees should take note of applicable provisions of the New Jersey Trade Secrets Act (“Act”), effective January 5, 2012, which includes remedies applicable to an employee’s misappropriation of the employer’s trade secrets. The Act is modeled on the Uniform Trade Secrets Act and essentially codifies existing New Jersey case law. The definition of “trade secret” is, in essence, information which has current or possible economic value based on its “not being generally known” and over which the owner has taken certain measures to ensure its secrecy. To benefit from the Act, the employer must be able to provide evidence of those measures.


 

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