Federal Trade Secrets Laws: Defend Trade Secrets Act (DTSA) of 2016 - Federal law providing uniform protection for trade secrets and requirements for trade secret protection
State Trade Secrets Laws: Uniform Trade Secrets Act (UTSA) as adopted by individual states, providing state-level protection for trade secrets
Federal Employment Laws: National Labor Relations Act (NLRA) and Fair Labor Standards Act (FLSA) - Impact employee rights and restrictions in confidentiality agreements
State Contract Laws: State-specific contract laws including Statute of Frauds requirements and consideration requirements for valid contract formation
Non-Solicitation Regulations: State-specific restrictions on non-solicitation agreements including requirements for reasonable geographic scope, time duration, and scope of prohibited activities
Federal Antitrust Laws: Sherman Antitrust Act, Clayton Act, and Federal Trade Commission Act - Ensure agreements don't unfairly restrict competition
Whistleblower Protection Laws: Federal and state whistleblower protection statutes, including DTSA notice requirements for confidentiality agreements
State-Specific Enforcement Requirements: Varying state requirements for enforceability of confidentiality and non-solicitation provisions, particularly strict in states like California
Industry-Specific Regulations: Sector-specific requirements such as HIPAA for healthcare, financial services regulations, and technology sector requirements
Reasonableness Requirements: Legal requirements that restrictions must be reasonable in terms of scope, duration, and geographic area to be enforceable
Legitimate Business Interests: Legal requirement that agreements must protect legitimate business interests rather than merely restrict competition
Consideration Requirements: Legal requirement that agreements must be supported by adequate consideration (something of value) to be enforceable
