Defend Trade Secrets Act (DTSA): Federal law that provides uniform protection for trade secrets across the US, allowing companies to file civil lawsuits in federal court for trade secret misappropriation
Economic Espionage Act: Federal law that criminalizes the theft or misappropriation of trade secrets with the intent to benefit foreign powers or cause economic harm
National Labor Relations Act (NLRA): Federal law that protects employees' rights to discuss working conditions and engage in collective action, which may limit the scope of non-disparagement provisions
EEOC Regulations: Federal regulations that protect against workplace discrimination and ensure NDAs don't prevent reporting of discrimination or harassment
Age Discrimination in Employment Act (ADEA): Federal law that protects workers 40 and older from age discrimination, affecting how NDAs can be structured for older employees
State Trade Secret Laws: Various state-specific laws that provide additional protection for trade secrets and may affect how confidential information is defined
Silenced No More Act: California law that limits the scope of non-disparagement agreements, particularly in employment contexts and settlement agreements
#MeToo Legislation: Various state laws that restrict the use of confidentiality provisions in sexual harassment and discrimination cases
First Amendment Considerations: Constitutional protections for free speech that may limit the enforceability of non-disparagement clauses in certain contexts
Whistleblower Protection Laws: Federal and state laws that protect individuals who report violations of law to government agencies, requiring specific carve-outs in NDAs
