Defend Trade Secrets Act (DTSA) 2016: Federal law providing uniform federal protection for trade secrets, allowing companies to file civil lawsuits in federal court for trade secret misappropriation
Economic Espionage Act 1996: Federal criminal law that prohibits trade secret theft, particularly focusing on foreign economic espionage and domestic theft of trade secrets
Uniform Trade Secrets Act (UTSA): Model law adopted by most states that provides a legal framework for trade secret protection at the state level
Federal Whistleblower Protection Laws: Various federal provisions that protect employees who report violations of law, requiring specific carve-outs in NDAs for protected whistleblowing activities
State Trade Secret Laws: State-specific variations of trade secret protection, including different definitions, statutes of limitations, and enforcement provisions
State Employment Laws: State-specific regulations governing employment relationships, including restrictions on non-compete agreements and confidentiality requirements
National Labor Relations Act: Federal law protecting workers' rights to discuss working conditions, which may impact the scope of confidentiality provisions
Contract Law Principles: Fundamental legal requirements for valid contracts including consideration, reasonableness of restrictions, and clarity of terms
Patent Act: Federal law governing patents that may intersect with trade secret protection in NDAs regarding intellectual property rights
Copyright Act: Federal law protecting original works of authorship, relevant for NDAs covering proprietary creative works and documentation
Trademark Laws: Federal and state laws protecting brands and marks, which may need to be addressed in NDAs covering brand-related confidential information
Industry-Specific Regulations: Sector-specific requirements such as financial services regulations, healthcare privacy laws (HIPAA), and technology sector requirements that may affect NDA terms
