Defend Trade Secrets Act (DTSA): Federal law that provides uniform standards for trade secret protection and allows companies to file trade secret cases in federal court
Economic Espionage Act: Federal law that criminalizes theft of trade secrets and provides protection for proprietary information
National Labor Relations Act (NLRA): Federal law that protects employees' rights to discuss working conditions; confidentiality agreements must not violate these rights
Securities Exchange Act: Federal law relevant for publicly traded companies, affecting disclosure requirements and insider information handling
Whistleblower Protection Laws: Federal laws that protect employees who report violations of law to government agencies; confidentiality agreements must include exceptions for these
Equal Employment Opportunity Laws: Federal laws ensuring confidentiality provisions don't discriminate or prevent reporting of workplace discrimination
State Trade Secrets Acts: State-specific laws that define and protect trade secrets at the state level, varying by jurisdiction
State Non-Compete Laws: State-specific regulations governing non-compete and non-disclosure agreements, with significant variation between states
Reasonable Scope Requirement: Legal requirement that confidentiality obligations must have reasonable scope and duration to be enforceable
Public Domain Exception: Legal principle requiring exclusion of publicly available information from confidentiality obligations
Independent Development Exception: Legal principle requiring exclusion of independently developed information from confidentiality obligations
Return of Materials Requirement: Legal consideration requiring clear provisions for the return or destruction of confidential materials upon employment termination
Consideration Requirement: Legal principle requiring adequate consideration (value) in exchange for confidentiality obligations
Severability Requirement: Legal provision ensuring that if one part of the agreement is found invalid, other parts remain enforceable
Recent Developments in NDA Law: Trend toward increased scrutiny of broad confidentiality agreements and enhanced whistleblower protections
