Defend Trade Secrets Act (DTSA): Federal law enacted in 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 that criminalizes trade secret theft, particularly focusing on foreign economic espionage and trade secret theft intended to benefit foreign powers
Securities Exchange Act: Federal law governing securities trading and requiring disclosure of material information for publicly traded companies, relevant if the business being sold is publicly traded
Federal Antitrust Laws: Laws including Sherman Act and Clayton Act that regulate competition and prevent anti-competitive business practices during the sale process
Uniform Trade Secrets Act: State-level legislation (adopted by most states) that provides a legal framework for trade secret protection and enforcement at the state level
State Contract Laws: State-specific laws governing contract formation, enforcement, and interpretation that vary by jurisdiction
State Statutes of Limitations: Time limits set by each state within which legal actions must be brought for breach of confidentiality or contract violations
State Non-Compete Regulations: State-specific rules governing the enforcement and scope of non-compete provisions that may be included in the NDA
WARN Act: Federal law requiring employers to provide advance notification of qualified plant closings and mass layoffs, relevant in business sale contexts
HIPAA: Healthcare privacy regulations that must be considered if the business handles protected health information
GDPR: European Union data protection regulation that may apply if the business handles EU resident data
SEC Regulations: Securities and Exchange Commission rules governing disclosure and insider trading, particularly relevant for publicly traded companies
