Securities Exchange Act 1934: Federal law governing securities trading and disclosure requirements, particularly Regulation FD (Fair Disclosure) which regulates how companies disclose material information
Securities Act 1933: Federal law requiring registration of securities offerings and prohibiting fraud in securities sales, relevant for M&A transactions involving public companies
Hart-Scott-Rodino Antitrust Improvements Act: Federal law requiring companies to report proposed mergers and acquisitions to federal antitrust authorities before completion
Defend Trade Secrets Act 2016: Federal law providing uniform protection for trade secrets and allowing companies to file trade secret cases in federal court
Economic Espionage Act 1996: Federal criminal law protecting against theft or misappropriation of trade secrets
Uniform Trade Secrets Act: Model state law adopted by most states providing civil remedies for trade secret misappropriation
State Contract Laws: Various state-specific laws governing contract formation, enforcement, and interpretation
SEC Regulations: Regulatory framework governing material non-public information and insider trading in the context of M&A transactions
FTC Regulations: Federal Trade Commission regulations governing fair competition and antitrust aspects of M&A transactions
Industry-Specific Regulations: Sector-specific regulations that may affect confidentiality requirements in particular industries (e.g., healthcare, financial services)
M&A Case Law Precedents: Relevant court decisions establishing precedents for interpretation and enforcement of confidentiality agreements in M&A context
NDA Enforceability Precedents: Court decisions specifically addressing the scope and enforceability of non-disclosure agreements
