Federal Trade Secrets Protection: Primary federal laws including the Defend Trade Secrets Act (DTSA) of 2016 and Economic Espionage Act of 1996, which provide federal protection for trade secrets
State Trade Secret Laws: State-level protections including the Uniform Trade Secrets Act (UTSA) and state-specific variations of trade secret protection laws
Intellectual Property Laws: Federal and state laws governing patents, copyrights, trademarks, and rights of publicity that may affect R&D activities and related confidential information
Employment Law Considerations: State-specific employment laws, National Labor Relations Act, and whistleblower protection laws that impact employee-related NDAs
Contract Law: State-specific contract laws, Statute of Frauds requirements, and consideration requirements that affect NDA enforceability
Industry-Specific Regulations: Specialized regulations such as FDA requirements, HIPAA for medical research, and export control regulations that may apply to specific R&D activities
Competition Law: Antitrust considerations including Sherman Antitrust Act and Clayton Act that may impact scope of NDA restrictions
Data Protection: State data protection laws and industry-specific data protection requirements that govern handling of confidential information
Key Document Components: Essential elements including definition of confidential information, scope of use, duration, return/destruction provisions, remedies for breach, exclusions, and survival provisions
