Defend Trade Secrets Act (DTSA): Federal law from 2016 that provides a federal cause of action for trade secret misappropriation and establishes uniform standards for trade secret protection
Economic Espionage Act: Federal law from 1996 that criminalizes trade secret theft, particularly focusing on foreign economic espionage
Freedom of Information Act (FOIA): Federal law that may impact confidentiality obligations when dealing with government entities or public information
Securities Exchange Act: Federal legislation governing the trading of securities and handling of material non-public information
Uniform Trade Secrets Act (UTSA): Model law adopted by most states that provides framework for trade secret protection at state level
State Contract Laws: State-specific laws governing contract formation, enforcement, and remedies that affect NDA validity
State Employment Laws: State-specific regulations affecting NDAs in employment context, including restrictions on scope and duration
HIPAA: Federal healthcare privacy law that must be considered if NDA covers medical or healthcare information
Gramm-Leach-Bliley Act: Federal law governing the protection of consumer financial information
First Amendment Considerations: Constitutional protections for free speech that may limit scope of confidentiality obligations
Whistleblower Protection Laws: Federal and state laws protecting individuals who report violations of law from confidentiality restrictions
Public Policy Exceptions: Legal doctrine that may void NDAs that excessively restrict public interest disclosures or legal reporting
