Defend Trade Secrets Act (DTSA) 2016: Federal law that provides uniform federal protection for trade secrets, allows companies to file civil lawsuits in federal court, and includes specific whistleblower protections that must be referenced in NDAs
Economic Espionage Act 1996: Federal criminal law that prohibits theft or misappropriation of trade secrets with intent to benefit foreign powers or cause economic harm
Uniform Trade Secrets Act (UTSA): Model law adopted by most states that provides framework for trade secret protection at state level, including definitions and remedies for misappropriation
State Trade Secret Laws: State-specific variations of trade secret protection laws that may provide additional or different requirements from UTSA
Fair Labor Standards Act (FLSA): Federal law governing employment relationships that may impact contractor classification and associated confidentiality obligations
Contract Law Principles: Common law principles including requirements for valid contract formation, consideration, and reasonable restrictions in NDAs
Whistleblower Protection Laws: Federal and state laws protecting individuals who report violations of law to government agencies, which must be explicitly referenced in NDAs
First Amendment Considerations: Constitutional protections that may limit the scope of confidentiality restrictions in certain circumstances
Time and Geographic Restrictions: Legal requirements for reasonable limitations on duration and geographic scope of confidentiality obligations
Severability Requirements: Legal principles governing the separation of invalid contract provisions while maintaining the validity of remaining terms
