Defend Trade Secrets Act (DTSA): Federal law enacted in 2016 that provides uniform federal protection for trade secrets and allows companies to file trade secret cases 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 trade secret misappropriation
State Non-Compete Laws: State-specific regulations governing the enforceability of non-compete agreements, including restrictions on duration, geographic scope, and applicability to certain workers
Fair Labor Standards Act (FLSA): Federal law that establishes employment standards and may impact the enforceability of restrictive covenants based on employee classification
State Contract Laws: State-specific laws governing contract formation, consideration requirements, and enforcement of contractual agreements
Statute of Frauds: Legal requirement that certain contracts must be in writing and signed to be enforceable
Sherman Antitrust Act: Federal law prohibiting anti-competitive business practices, which may affect the scope and enforceability of non-compete and non-circumvention provisions
Federal Trade Commission Act: Federal law governing unfair competition practices and proposed regulations regarding non-compete agreements
First Amendment Considerations: Constitutional protections that may limit the scope of confidentiality and non-disclosure provisions
Right to Work Laws: State laws that may impact the enforceability of restrictive covenants in employment relationships
FTC Proposed Non-Compete Ban: Pending federal regulation that would potentially ban or severely restrict the use of non-compete agreements nationwide
State Employment Laws: State-specific regulations governing employment relationships and their impact on restrictive covenants
