Defend Trade Secrets Act (DTSA): Federal law enacted in 2016 that provides uniform federal protection for trade secrets and allows companies to file civil lawsuits in federal court for trade secret misappropriation
Uniform Trade Secrets Act (UTSA): Model law adopted by most states that provides framework for trade secret protection at the state level
National Labor Relations Act (NLRA): Federal law that protects employees' rights to discuss working conditions and engage in concerted activities, which may limit the scope of confidentiality agreements
Title VII of the Civil Rights Act: Federal law that prohibits employment discrimination and may affect how non-disparagement agreements are structured, particularly in settlement agreements
Sarbanes-Oxley Act: Federal law that provides whistleblower protections for employees who report securities violations and must be considered in confidentiality agreements
Dodd-Frank Act: Federal law that provides whistleblower protections in the financial sector and must be carved out in confidentiality agreements
Speak Out Act of 2022: Federal law that limits the enforceability of non-disclosure agreements in cases involving sexual harassment or sexual assault
State Contract Laws: Various state-specific requirements regarding consideration, reasonableness, and enforceability of confidentiality and non-disparagement provisions
First Amendment Considerations: Constitutional protections for free speech that may limit the scope and enforceability of non-disparagement agreements
EEOC Regulations: Federal guidelines that affect how confidentiality and non-disparagement agreements can be structured in employment contexts
