Federal Trade Secret Laws: Defend Trade Secrets Act (DTSA) of 2016 and Economic Espionage Act of 1996 which provide federal protection for trade secrets and confidential information
State Trade Secret Laws: Uniform Trade Secrets Act (UTSA) and state-specific variations that govern trade secret protection at the state level
Contract Law: State-specific contract laws covering enforceability, consideration requirements, and essential elements of contract formation
Intellectual Property Laws: Patent Act and Copyright Act considerations for potentially patentable ideas or copyrightable elements within the confidential information
Employment Law: State-specific restrictions on non-compete agreements, employee mobility rights, and independent contractor relationships that may affect NDA enforcement
Constitutional Law: First Amendment considerations and public policy exceptions that may impact NDA enforceability
Definition of Confidential Information: Clear and specific definition of what constitutes confidential information under the agreement
Scope of Protection: Detailed outline of how the confidential information must be protected and handled
Duration of Obligations: Specific timeframe for which the confidentiality obligations remain in effect
Permitted Uses: Clear specification of how the recipient may use the confidential information
Return/Destruction Provisions: Requirements for returning or destroying confidential materials upon agreement termination
Remedies for Breach: Specific consequences and available remedies in case of agreement violation
Confidentiality Exclusions: Specific exceptions to what is considered confidential information
Survival Provisions: Terms that continue to apply after the agreement's termination
