Federal Trade Secrets Legislation: Key federal laws including the Defend Trade Secrets Act (DTSA) of 2016 and Economic Espionage Act of 1996 that provide federal protection for trade secrets
State-Specific Trade Secret Laws: Including the Uniform Trade Secrets Act (UTSA) adopted by most states and state-specific variations of trade secret protection laws
Employment Law Considerations: State-specific employment laws, restrictions on employee mobility, and the 'inevitable disclosure' doctrine where applicable
Contract Law Requirements: General contract formation principles under state law, consideration requirements, and Statute of Frauds provisions
Industry-Specific Regulations: Specific confidentiality requirements for different industries (e.g., HIPAA for healthcare), securities laws for public companies, and applicable financial regulations
Constitutional and Public Policy Limitations: First Amendment considerations, whistleblower protections, and public policy exceptions that may affect NDA enforcement
Antitrust/Competition Law: Compliance with Sherman Act, Clayton Act, and state antitrust laws to ensure the NDA doesn't create anti-competitive effects
International Considerations: International trade secret protection, cross-border enforcement issues, and data protection regulations like GDPR for agreements with international scope
