Trade Secrets Laws: Federal Defend Trade Secrets Act (DTSA) of 2016 and state-adopted Uniform Trade Secrets Act (UTSA) which provide framework for protecting trade secrets
Employment Laws: State-specific employment laws, independent contractor regulations, and National Labor Relations Act considerations for worker classification and rights
Contract Law: State-specific contract laws, Statute of Frauds requirements, and common law principles of consideration that affect agreement validity
Intellectual Property Laws: Copyright Act, Patent Act, and Trademark laws that may intersect with confidential information protection
State-Specific Requirements: Varying state requirements for NDAs, including California's restrictions on non-compete provisions and state-specific reasonable duration requirements
Industry-Specific Regulations: Sector-specific regulations such as HIPAA for healthcare, GLBA for financial services, and other industry privacy requirements
Competition Laws: Federal antitrust laws and state-specific competition laws that may impact scope of confidentiality restrictions
Privacy Laws: State and federal privacy laws and regulations that govern the handling and protection of personal and sensitive information
Scope and Duration: Requirements for reasonable scope and duration of confidentiality obligations to ensure enforceability
Confidential Information Definition: Clear and specific definition of what constitutes confidential information under the agreement
Business Interest Protection: Demonstration of legitimate business interests being protected through the NDA
Material Handling: Provisions for return or destruction of confidential materials upon agreement termination
Breach Remedies: Specific remedies and consequences for breach of confidentiality obligations
Public Domain Exclusions: Explicit exclusions for information that is or becomes publicly available through no fault of the receiving party
Whistleblower Protections: Required provisions protecting whistleblower rights under federal law, including reporting to government agencies
