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Articles Posted in New Jersey Trade Secrets Act

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Absence of Competitive Advantage – The First Line of Defense to Trade Secret Lawsuits

The touchstone of a trade secret is that it provides the owner of the information with a competitive advantage in their market. Courts look at the cost of development, the difficulty in duplicating  and measurable benefits to ascertain whether a bona fide trade secret exists. The first step in the…

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Prior Disclosure Kills Trade Secrets Claim

To enforce a claim for misappropriation of a trade secret, the plaintiff must prove that the information was secret and valuable. Plaintiffs in New Jersey can rely on either the common law or the New Jersey Trade Secrets Act. Secrets that have been publicly disclosed lose their their protection as…

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