WHAT INFORMATION CAN BE CLASSIFIED AS LEGALLY CONFIDENTIAL UNDER NEW JERSEY LAW?

By Fredrick P. Niemann, Esq. a New Jersey Confidentiality and Covenant not to Compete Attorney

Confidential information and non-compete clauses in agreements include all information that is provided by the Seller to the Purchaser that is not common knowledge or already in the public domain. This will NOT include the following:

• Information that is already known in the industry;
• Information that becomes publicly known through no fault of the Purchaser;
• Information rightfully in the possession of the Purchaser before being received from the Seller;
• Information created by the Purchaser through the Purchaser’s own independent research. Information obtained in this way must be acquired without the direct or indirect use of confidential information already received from the Seller. This may include information developed from publicly available or industry sources;
• Information obtained from a third party pertaining to the Seller’s business where the third party may rightfully disclose the information. This may include information rightfully disclosed by a government agency or industry journal.

Contact me personally today to discuss your non-disclosure and Covenant not to Compete issue.  I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns.  You can reach me toll free at (855) 376-5291 or e-mail me at fniemann@hnlawfirm.com/.

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