Defend Trade Secrets Act (DTSA): Federal law enacted in 2016 that provides federal protection for trade secrets and creates a uniform standard for trade secret protection across the United States
Economic Espionage Act: Federal law from 1996 that criminalizes trade secret theft and provides federal protection against economic espionage
Uniform Trade Secrets Act (UTSA): Model law adopted by most states that provides consistent state-level protection for trade secrets and defines trade secret misappropriation
National Labor Relations Act (NLRA): Federal law that protects employees' rights to discuss working conditions and ensures NDAs don't infringe on protected labor activities
Whistleblower Protection Laws: Federal and state laws that protect individuals who report violations of law to government agencies, requiring specific carve-outs in NDAs
State Contract Laws: Laws governing contract formation, enforcement, and interpretation specific to each state, including consideration requirements and duration provisions
HIPAA: Healthcare privacy law that may affect confidentiality agreements involving protected health information
Gramm-Leach-Bliley Act: Federal law governing confidentiality of financial information that must be considered in NDAs involving financial services
GDPR Compliance Requirements: European Union data protection regulations that may affect NDAs involving EU resident data or cross-border data transfers
First Amendment Considerations: Constitutional protections for free speech that may limit the scope and enforceability of confidentiality agreements
Public Policy Exceptions: Legal doctrine that may void NDAs that excessively restrict disclosure of information in the public interest
Statute of Limitations: Time limits set by state law for bringing legal actions related to breach of confidentiality agreements
