Sherman Antitrust Act: Federal law that prohibits anticompetitive business practices and excessive restraints on trade. Must be considered to ensure non-compete provisions don't violate antitrust regulations.
Federal Trade Commission Act: Federal legislation that prohibits unfair methods of competition and deceptive practices. Relevant for ensuring non-compete terms are fair and reasonable.
Defend Trade Secrets Act (DTSA): Federal law providing uniform trade secret protection across the US. Critical for provisions relating to confidential information protection in international contexts.
State Non-Compete Laws: Various state-specific regulations governing non-compete agreements, with significant variations in enforcement and restrictions (e.g., California's prohibition under Section 16600).
EU Competition Laws: European Union regulations governing competition and trade restrictions. Must be considered when the agreement involves European jurisdictions.
GDPR Compliance: European Union's General Data Protection Regulation affecting how personal data can be handled in international agreements involving EU parties.
Reasonableness Requirements: Legal principle requiring non-compete restrictions to be reasonable in terms of duration, geographic scope, and scope of prohibited activities.
Geographic Scope Limitations: Legal requirements for defining and limiting the territorial scope of non-compete restrictions based on legitimate business interests.
Time Duration Restrictions: Legal limitations on the temporal scope of non-compete agreements, typically requiring reasonable time limits based on industry standards and business needs.
FTC Proposed Rule: Recent Federal Trade Commission proposed rule to ban non-compete clauses in employment contracts, which may affect future enforceability.
Choice of Law Provisions: Legal clauses determining which jurisdiction's laws will govern the agreement and where disputes will be resolved.
International Trade Secret Laws: Various international regulations and treaties governing trade secret protection across borders, including TRIPS Agreement provisions.
