New Jersey Adopts Uniform Trade Secrets Act

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On January 9, New Jersey Governor Chris Christie signed the New Jersey Trade Secrets Act (NJTSA). The NJTSA brings New Jersey in line with 46 other states and the District of Columbia, all of which have enacted a version of the Uniform Trade Secrets Act. The NJTSA provides to New Jersey businesses a new tool that can be used in the event of actual or threatened misappropriation of trade secrets. Prior to the enactment of this new statute, New Jersey did not have statutory protection for trade secrets.

Businesses in New Jersey could only enforce their trade secrets by bringing actions based on common law, as the federal trade secret statute is limited to criminal actions. While other federal statutes often apply in cases involving trade secret theft, such as the Computer Fraud and Abuse Act, the Stored Communications Act, or the Copyright Act, these statutes all have different elements and are not targeted specifically for the protection of trade secrets.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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