State-Specific Laws: Non-compete laws vary significantly by state, with some states like California largely prohibiting non-competes, while others enforce specific restrictions on duration, geographic scope, and scope of prohibited activities. Recent state law changes must be considered.

Federal Laws and Guidelines: Key considerations include the FTC's proposed rule to ban non-competes, federal antitrust laws, and Employment laws such as the Fair Labor Standards Act (FLSA).

Constitutional Considerations: Must account for right to work principles, interstate commerce implications, and broader public policy concerns that may affect enforcement.

Common Law Principles: Important doctrines include the reasonableness doctrine, protection of legitimate business interests, consideration requirements, and the blue pencil doctrine allowing courts to modify terms.

Industry-Specific Regulations: Special rules and considerations for certain professions (such as healthcare and broadcasting) and trade secret protections under the Defend Trade Secrets Act (DTSA).