Is continued employment sufficient consideration for a Kentucky NDA?

Kentucky courts have recognized continued at-will employment as adequate consideration for confidentiality covenants in many circumstances, though early-employment NDAs are most defensible.

What is Kentucky's trade secret statute?

The Kentucky Uniform Trade Secrets Act (KRS §§ 365.880–365.900).

Non-Disclosure Agreement for Kentucky

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Kentucky legal context

Kentucky adopted the Uniform Trade Secrets Act at KRS §§ 365.880–365.900. Kentucky evaluates restrictive covenants under common-law reasonableness focused on protectable business interests, duration, and geography. Kentucky courts apply a partial-enforcement (blue-pencil) approach for overbroad covenants. The federal DTSA applies.

Key KY statutes

Kentucky Uniform Trade Secrets Act
KRS §§ 365.880–365.900
UTSA-style trade secret framework.
DTSA
18 U.S.C. §§ 1833–1839
Federal whistleblower immunity notice required.

Kentucky-specific considerations

Common-Law Reasonableness
Kentucky requires legitimate business interest plus reasonable duration and geographic scope.
Partial Enforcement
Kentucky courts may enforce part of an overbroad covenant rather than voiding the whole.
Continued Employment as Consideration
Kentucky case law recognizes continued at-will employment as adequate consideration for confidentiality covenants in many circumstances.