A court may immecdiately grant the plaintiff a restraining order or preliminary injunction when there is a valid trade secret claim and the plaintiff may suffer irreparable harm without it. Courts make the determination whether an injunction is necessary based on the evidence presented by the plaintiff at an initial…
Statutes that protect the rights of the owners of trade secrets protect against ‘misappropriation’ of confidential information, which requires a defendant to take or use the trade secret without permission. The inevitable disclosure doctrine can prevent an employee from working for another when the new job would inevitably require the…
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…
An executive with national responsibilities may be subjected to a broad geographic restriction in an employment restrictive covenant. Courts can and will enjoin a former executive from working for a competitor to prevent irreparable harm to the executive’s former employer when the restriction is reasonable. Misappropriation and use of a…