Defend Trade Secrets Act (DTSA) 2016: Federal law that provides uniform federal protection for trade secrets and allows companies to file trade secret cases in federal courts. Must be considered for whistleblower immunity provisions.
Economic Espionage Act: Federal law that criminalizes trade secret theft and economic espionage. Relevant for defining penalties and scope of protection for confidential information.
Freedom of Information Act: Federal law that may impact NDAs involving government contracts or public entities. Must be considered for exceptions to confidentiality.
Uniform Trade Secrets Act: State-level legislation adopted by most US states that provides framework for trade secret protection. Must be referenced for state-specific requirements.
State Contract Laws: Varying state-specific requirements for contract formation, enforcement, and interpretation. Must comply with local jurisdiction requirements.
State Employment Laws: State-specific regulations governing employment relationships and restrictions. Relevant if NDA involves employees or contractors.
Statutes of Limitations: State-specific time limits for bringing legal actions. Must be considered when setting duration of confidentiality obligations.
Contract Law Fundamentals: Basic principles including consideration, mutual intent, and capacity to contract. Essential for ensuring NDA enforceability.
Reasonable Restrictions Doctrine: Legal principle requiring that contract restrictions must be reasonable in scope, duration, and geographic area to be enforceable.
At-Will Employment Doctrine: Employment law principle that may affect how NDAs can be implemented and enforced with employees in different states.
Whistleblower Protection Provisions: Federal requirement to include specific language about whistleblower rights in NDAs to maintain enforceability.
Public Information Exclusions: Legal requirement to clearly exclude publicly available information from confidentiality obligations to maintain enforceability.
