Defend Trade Secrets Act (DTSA): Federal law enacted in 2016 that provides uniform federal protection for trade secrets and allows companies to file civil lawsuits in federal court for trade secret misappropriation
Economic Espionage Act: Federal law from 1996 that criminalizes the theft or misappropriation of trade secrets for the benefit of foreign entities or economic advantage
Uniform Trade Secrets Act (UTSA): Model law adopted by most states that provides a legal framework for trade secret protection at the state level, with state-specific variations
National Labor Relations Act: Federal law that protects employees' rights and must be considered when drafting confidentiality provisions to ensure they don't restrict protected activities
Whistleblower Protection Laws: Federal and state laws that protect individuals who report violations of law, which must be explicitly carved out in confidentiality agreements
HIPAA: Healthcare-specific federal law that governs the protection of sensitive patient health information and imposes additional confidentiality requirements
Gramm-Leach-Bliley Act: Financial services regulation that requires financial institutions to explain their information-sharing practices and protect sensitive data
Contract Law Fundamentals: Basic principles including consideration, enforceability, reasonable restrictions, and duration limitations that must be incorporated into the agreement
First Amendment Considerations: Constitutional protections that may limit the scope of confidentiality obligations, particularly in matters of public concern
State-Specific Contract Laws: Varying state requirements regarding contract formation, enforcement, and interpretation that must be considered based on the governing law
Statute of Limitations: State-specific time limits within which legal action must be initiated for breach of confidentiality obligations
Public Policy Exceptions: Legal doctrine that may void confidentiality provisions that violate public policy or attempt to conceal illegal activities
