Defend Trade Secrets Act (DTSA) 2016: Federal law providing uniform standards for trade secret protection and allowing companies to file trade secret cases in federal court. Key consideration for NDAs as it defines trade secrets and remedies for misappropriation.
Economic Espionage Act 1996: Federal criminal law that protects against theft or misappropriation of trade secrets. Relevant for establishing criminal penalties in cases of serious breach.
Computer Fraud and Abuse Act: Federal law addressing unauthorized access to computer systems and data. Important for NDAs covering digital information and cybersecurity provisions.
Uniform Trade Secrets Act (UTSA): Model law adopted by most states that provides framework for trade secret protection. Essential for state-level enforcement of NDAs.
State Trade Secret Laws: State-specific variations of trade secret protection laws that may affect NDA enforcement in different jurisdictions.
State Contract Laws: State-specific requirements for contract formation, enforcement, and interpretation that affect NDA validity.
National Labor Relations Act: Federal law protecting employee rights, including limitations on what can be restricted in NDAs regarding employee communications.
Whistleblower Protection Laws: Federal and state laws protecting individuals who report violations of law, which must be explicitly carved out in NDAs.
HIPAA: Healthcare privacy law that may affect NDAs in healthcare-related startups or when dealing with protected health information.
GDPR Compliance: EU data protection regulation that may affect NDAs for startups handling European personal data or operating in EU markets.
SEC/FINRA Regulations: Financial industry regulations that may affect NDAs for fintech startups or companies dealing with financial information.
Court Precedents on NDA Enforcement: Recent judicial decisions affecting the enforceability of NDAs, including reasonable scope and duration requirements.
