Defend Trade Secrets Act (DTSA): Federal law enacted in 2016 that provides a federal cause of action for trade secret misappropriation and sets 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
Federal Rules of Civil Procedure: Procedural rules governing trade secret litigation in federal courts, including requirements for maintaining confidentiality during legal proceedings
Uniform Trade Secrets Act (UTSA): Model law adopted by most states that provides framework for trade secret protection and enforcement at the state level, with state-specific variations
State Contract Laws: State-specific laws governing contract formation, enforcement, and interpretation, including requirements for valid consideration and reasonable terms
State Employment Laws: State-specific regulations governing employment relationships, including restrictions on non-compete agreements and employee confidentiality obligations
HIPAA: Federal law protecting sensitive patient health information from being disclosed without patient consent, crucial if medical information is involved in the NDA
Gramm-Leach-Bliley Act: Federal law requiring financial institutions to explain their information-sharing practices and protect sensitive financial data
Data Privacy Laws: Various state and federal regulations governing the collection, storage, and protection of personal and sensitive data
National Labor Relations Act: Federal law protecting employees' rights to discuss working conditions, which may limit the scope of confidentiality agreements
Whistleblower Protection Laws: Federal and state laws protecting employees who report violations of law, which must be explicitly carved out in NDAs
Sexual Harassment NDA Restrictions: Recent state laws limiting or prohibiting the use of NDAs in cases involving sexual harassment or discrimination
