Defend Trade Secrets Act (DTSA): Federal law providing uniform trade secret protection across the United States, including remedies for misappropriation and whistleblower protections
Federal Antitrust Laws: Laws that regulate competition and prevent anticompetitive practices, which may impact the scope and enforceability of protective covenants
National Labor Relations Act (NLRA): Federal law protecting employees' rights to organize and engage in collective bargaining, which may limit certain restrictive covenant provisions
Equal Employment Opportunity Laws: Federal laws preventing discrimination and ensuring equal treatment, which must be considered when drafting protective covenants
State Trade Secret Laws: State-specific laws governing trade secret protection, which may provide additional or different protections than federal law
State Non-Compete Laws: Varying state laws governing the enforceability and limitations of non-compete agreements, with significant differences across jurisdictions
State Employment Laws: State-specific regulations governing employment relationships and workplace rights that may affect covenant terms
State Contract Laws: General contract principles and requirements specific to each state that govern formation and enforcement of agreements
Reasonableness Doctrine: Legal principle requiring protective covenants to be reasonable in scope, duration, and geographic reach to be enforceable
Consideration Requirements: Legal requirement that both parties must receive something of value for the agreement to be binding
Public Policy Limitations: Restrictions on covenant enforceability based on public policy concerns and societal interests
Blue Pencil Doctrine: Legal principle allowing courts to modify or strike unreasonable provisions while maintaining enforceable ones, varies by state
FTC Proposed Non-Compete Ban: Recent Federal Trade Commission proposal to ban non-compete agreements nationwide, which may affect future enforceability
Geographic Scope Considerations: Requirements for reasonable geographic limitations in protective covenants based on business reach and market presence
Duration Limitations: Time restrictions on protective covenants must be reasonable and justified by business needs
