Federal Antitrust Laws: Key federal laws including Sherman Antitrust Act, Clayton Act, and Federal Trade Commission Act that prevent anti-competitive practices and ensure the agreement doesn't unreasonably restrict trade
State-Specific Non-Solicitation Laws: Various state requirements regarding enforceability of non-solicitation agreements, with some states (like California) being more restrictive and having specific requirements for reasonable scope and duration
Employment Laws: National Labor Relations Act (NLRA) and state employment laws that protect employees' rights and ensure the agreement doesn't violate their ability to seek employment
Contract Law Principles: Basic contract formation requirements including consideration, proper formation, and reasonableness standards that must be met for the agreement to be valid
Scope of Restrictions: Requirements for reasonable and specific restrictions, including clear definition of prohibited activities and geographic limitations if applicable
Duration Requirements: Time limits must be reasonable, typically 1-2 years depending on industry and jurisdiction
Legitimate Business Interest: Agreement must protect legitimate business interests, cannot be purely anti-competitive, and must be justified by business necessity
Trade Secret Laws: Federal Defend Trade Secrets Act and state-specific trade secret laws that govern the protection of confidential information in the context of non-solicitation agreements
