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New Jersey businesses say “that is confidential” every day. In court, that phrase does not carry a case. Trade secret claims succeed when a company can show, with admissible evidence, that the information stayed secret for a reason, and that the company treated it as secret in a consistent, disciplined way.

Most business owners resist this practice. Some believe that imagining failure invites it, a form of magical thinking with no basis in how contracts, courts, or business relationships actually work. Others operate in a business culture that treats positive thinking as a virtue and any discussion of potential problems as negativity. Some simply find it uncomfortable to dwell on worst-case scenarios, preferring to focus on growth and opportunity. The resistance is understandabl

A small business owner cannot control the economy, interest rates, supply chain disruptions, competitor pricing, a customer’s decision to leave a negative review, the mood of a government inspector, the weather on the day of an outdoor event, or the fact that a trusted vendor suddenly goes out of business.

January is the right time to bring corporate records and filings current. New Jersey expects companies to keep accurate books, maintain a valid registered agent, file the annual report, and preserve a clean record of ownership and governance. Courts and regulators judge what you did and what your documents say. A disciplined review now prevents avoidable problems when a lender, a buyer, or a plaintiff asks for your records later.

A policy printed only on the receipt is not enough. If a merchant limits refunds to exchanges or store credit, that limitation must be disclosed in a way the customer can see before paying.

Year end is the right time to measure contracts against how the business actually operates. The law of contracts in New Jersey looks to the words on the page and to performance during the term. Courts enforce clear language, and they give weight to how the parties behaved.