Defend Trade Secrets Act (DTSA) 2016: Federal law that provides uniform federal protection for trade secrets and allows companies to file civil lawsuits in federal court for trade secret misappropriation
Economic Espionage Act 1996: Federal criminal law that prohibits trade secret theft and economic espionage, providing criminal penalties for misappropriation of trade secrets
Uniform Trade Secrets Act (UTSA): Model law adopted by most states that provides consistent state-level protection for trade secrets and defines trade secret misappropriation
National Labor Relations Act (NLRA): Federal law that protects employees' rights to discuss working conditions and cannot be overridden by NDAs
Whistleblower Protection Laws: Federal and state laws that protect individuals who report illegal activities from retaliation, which cannot be superseded by NDAs
Contract Formation Requirements: Legal principles requiring offer, acceptance, and consideration for valid contract formation under state contract laws
Reasonable Restrictions Doctrine: Legal principle requiring NDAs to have reasonable limitations on duration, scope, and geographic reach to be enforceable
Industry-Specific Privacy Laws: Sector-specific regulations that may affect NDA terms (e.g., HIPAA for healthcare, GLBA for financial services)
Public Policy Limitations: Legal principle that NDAs cannot be used to prevent disclosure of illegal activities or override public policy concerns
General Knowledge Exception: Legal principle that NDAs cannot prevent employees from using general knowledge, skills, and experience gained during employment
