Defend Trade Secrets Act (DTSA): Federal law enacted in 2016 that provides a uniform federal cause of action for trade secret misappropriation and protection of confidential information
Economic Espionage Act: Federal law that criminalizes the theft or misappropriation of trade secrets for the benefit of foreign entities or economic advantage
Electronic Communications Privacy Act: Federal law governing the privacy of electronic communications and relevant for protecting electronic confidential information
Computer Fraud and Abuse Act: Federal law that addresses unauthorized access to protected computers and electronic information systems
Uniform Trade Secrets Act: State-level legislation (adopted by most states) that provides framework for trade secret protection and enforcement at state level
State Contract Laws: Various state-specific laws governing contract formation, enforcement, and interpretation
State Employment Laws: State-specific regulations regarding employment relationships and associated confidentiality obligations
Common Law Contract Principles: Legal principles including contract formation, consideration requirements, and reasonable restrictions doctrine
First Amendment Considerations: Constitutional protections that may impact the scope and enforceability of confidentiality provisions
Industry-Specific Regulations: Sector-specific laws such as HIPAA for healthcare or financial services regulations that may affect confidentiality requirements
Blue Pencil Doctrine: Legal principle allowing courts to modify or remove unenforceable contract provisions while maintaining the rest of the agreement
Public Policy Exceptions: Legal exceptions to confidentiality obligations based on public policy considerations, such as whistleblower protections
