Federal Trade Secrets Act: The Defend Trade Secrets Act of 2016 provides federal protection for trade secrets and creates a uniform federal standard for trade secret protection
Federal Copyright Act: Governs the protection of original works of authorship including literary, dramatic, musical, artistic, and certain other intellectual works
Patent Act: Federal law governing the granting and protection of patents for inventions and discoveries
Lanham Act: Federal trademark law that prohibits activities such as trademark infringement, trademark dilution, and false advertising
Federal Antitrust Laws: Laws that promote market competition and can affect the scope and enforcement of non-compete agreements
FTC Proposed Rule 2023: Proposed regulation by Federal Trade Commission seeking to ban non-compete agreements nationwide
State Trade Secret Laws: State-specific laws protecting confidential business information that provides competitive advantage
State Non-Compete Laws: Varying state regulations on non-compete agreements, with significant differences in enforcement and requirements across jurisdictions
California Business and Professions Code ยง16600: California law that generally prohibits non-compete agreements except in very limited circumstances
State Contract Laws: State-specific requirements for contract formation, enforcement, and interpretation
State Employment Laws: State-specific regulations governing employment relationships and restrictions
Reasonableness Doctrine: Common law principle requiring non-compete agreements to be reasonable in duration, geographic scope, and scope of prohibited activities
Consideration Requirements: Legal principle requiring that something of value must be exchanged for a non-compete agreement to be enforceable
Employment At-Will Doctrine: Legal doctrine that allows employment to be terminated by either party at any time, which can affect non-compete enforcement
First Amendment Rights: Constitutional protections that may impact restrictions on speech and expression in intellectual property agreements
Interstate Commerce Considerations: Constitutional implications when non-compete agreements affect business across state lines
