Federal Antitrust Laws: Sherman Antitrust Act and Federal Trade Commission Act must be considered to ensure the agreement doesn't violate federal competition laws or create unreasonable restraints on trade
Defense of Trade Secrets Act: Federal law that provides protection for trade secrets and must be considered when drafting provisions related to confidential information
State-Specific Non-Solicitation Laws: Various state laws governing non-solicitation agreements, with significant variations between jurisdictions (e.g., California's restrictive approach vs. other states)
State Trade Secrets Laws: State-specific laws protecting trade secrets that may complement or differ from federal protections
Reasonableness Doctrine: Legal principle requiring that non-solicitation agreements must be reasonable in terms of scope, duration, and geographic limitations
Legitimate Business Interest Requirement: Legal requirement that the agreement must protect a legitimate business interest rather than simply restrict competition
National Labor Relations Act: Federal law protecting workers' rights that must be considered when drafting restrictions on employee activities
Independent Contractor Classification: Laws governing the distinction between employees and independent contractors, which may affect the enforceability and terms of the agreement
Consideration Requirements: Legal requirement that the agreement must be supported by adequate consideration to be enforceable
Geographic Scope Limitations: Legal restrictions on the geographic area where non-solicitation provisions can be enforced
Time Duration Limitations: Legal restrictions on the length of time non-solicitation provisions can remain in effect
State Unfair Competition Laws: State-specific laws governing unfair business practices and competition that may affect the agreement's terms and enforcement
