Defend Trade Secrets Act (DTSA): Federal law from 2016 that provides uniform federal protection for trade secrets, includes whistleblower immunity provisions and requirements for immunity notice in agreements
Economic Espionage Act: Federal law from 1996 that criminalizes trade secret theft, particularly important for protection against foreign economic espionage
Computer Fraud and Abuse Act: Federal law protecting against unauthorized access to computers and electronic trade secrets
Uniform Trade Secrets Act: Model law adopted by most states that provides framework for trade secret protection at state level, with state-specific variations
National Labor Relations Act: Federal law protecting employees' rights to discuss working conditions, must be considered when drafting confidentiality provisions
Definition Requirements: Trade secrets must be specifically defined to be enforceable and align with both federal and state legal definitions
Protection Measures: Agreement must specify reasonable measures to maintain secrecy of trade secrets, including security protocols and procedures
Employee Rights Provisions: Must preserve employee rights to work in their field, use general knowledge, and exercise whistleblower rights
Scope and Duration: Agreement terms must be reasonable in duration and scope, not overly restrictive, and protect legitimate business interests
Notice Requirements: Must include immunity notice required by DTSA and any state-specific notice requirements
Consideration Clause: Must specify adequate consideration for current employees or employment itself as consideration for new employees
Enforceability Requirements: Agreement must be reasonable, protect legitimate business interests, and not violate public policy to be enforceable
