Defend Trade Secrets Act (DTSA) 2016: Federal law providing nationwide protection for trade secrets and establishing standards for trade secret misappropriation. Key consideration for confidentiality provisions.
Economic Espionage Act 1996: Federal criminal law that prohibits trade secret theft and protects against foreign economic espionage. Important for defining scope of protection.
Federal Trade Commission Act: Regulates unfair competition practices and protects against deceptive business practices. Ensures agreement complies with fair business standards.
National Labor Relations Act: Protects employee rights and concerted activity. Must ensure confidentiality provisions don't violate employee rights to discuss working conditions.
Fair Labor Standards Act: Federal wage and hour law. Agreement must not interfere with employee rights under FLSA.
Uniform Trade Secrets Act: State-level trade secret protection adopted by most states. Provides framework for protecting confidential information.
State Non-Compete Laws: State-specific restrictions on non-compete agreements. Varies significantly by jurisdiction, with some states like California heavily restricting their use.
State Contract Laws: State-specific requirements for contract formation, consideration, and enforcement. Essential for agreement validity.
Common Law Duty of Loyalty: Legal principle requiring employees to act in employer's best interest and disclose conflicts of interest.
Fiduciary Duties: Legal obligations applicable to officers and directors, including duty of care and loyalty. Important for senior position agreements.
Securities Laws: Regulations concerning insider trading and disclosure requirements. Relevant if agreement involves public company information.
Industry-Specific Regulations: Sector-specific laws like HIPAA for healthcare, financial services regulations, and government contracting rules that may affect confidentiality requirements.
