Covers publicly available information
NDAs cannot protect information already in the public domain — these clauses are unenforceable.
Trade secret law / Defend Trade Secrets Act
Prohibits wage discussions
NDAs cannot prevent you from discussing your compensation with coworkers — this is an NLRA right.
NLRA Section 7
No expiration date
NDAs with no time limit are vulnerable to challenge for unreasonable duration.
Contract reasonableness doctrine
Covers personal relationships
Some NDAs attempt to restrict who you can talk to personally — courts frequently void these.
First Amendment / public policy
Reversed burden of proof
You shouldn't be required to prove innocence if accused of breaching — check who bears the burden.
Contract law
No carve-out for government reporting
NDAs must allow reporting to government agencies (SEC, NLRB, EEOC) — those that don't are void.
SEC Rule 21F-17 / NLRA