Defend Trade Secrets Act (DTSA): Federal law enacted in 2016 that provides uniform federal protection for trade secrets and allows trade secret owners to file lawsuits in federal court
Uniform Trade Secrets Act (UTSA): Model law adopted by most states that provides consistent state-level protection for trade secrets and defines remedies for misappropriation
State Contract Laws: State-specific legislation governing contract formation, enforcement, and remedies that affect NDA validity and interpretation
Common Law Contract Principles: Legal principles developed through court decisions regarding contract formation, consideration, and enforcement
Copyright Act: Federal law protecting original works of authorship, which may be relevant if the idea involves copyrightable material
Patent Act: Federal law governing patent protection, relevant if the confidential idea could potentially be patentable
Employment Law Considerations: State-specific employment laws affecting NDAs, including at-will employment doctrine and employee mobility rights
Enforceability Requirements: Legal standards for NDA enforcement including reasonable scope, duration, geographic limitations, and legitimate business interest
Remedies Provisions: Legal remedies available for NDA breach including injunctive relief, monetary damages, and attorney fees
Statutory Limitations: Required exclusions and limitations including public information, prior knowledge, and independent development provisions
Notice Requirements: State-specific notice periods and federal whistleblower protection notifications that must be included in NDAs
