Q: Must a New Jersey Employer Ask Questions About the Source of a Customer List Received From a New Hire?

 
A: The New Jersey Supreme Court recently rejected a claim against an employer who received a confidential customer list from a new hire because there was no evidence the employer knew it was a trade secret of the employee’s prior employer.  The Court held that a hiring employer has no affirmative duty to inquire as to the source of a confidential customer list received from a new hire. Fox v. Millman, 210 N.J. 401 (2012).