Workplace Lessons From the Supreme Courts Marshal's Report

Workplace lessons from the U.S. Supreme Court, from a report by the Supreme Court Marshall:

"The pandemic and resulting expansion of the ability to work from home, as well as gaps in the Court’s security policies, created an environment where it was too easy to remove sensitive information from the building and the Court’s IT networks, increasing the risk of both deliberate and accidental disclosures of Court-sensitive information."

The Marshal was not able to identify the person or persons responsible for the leak of a draft opinion weeks before its release by the Court.

Businesses with confidential information, trade secrets, or intellectual property developed by its employees (but owned by the employer) should consider a review of applicable handbook policies, stand alone agreements regarding confidential information, or employment agreements that include restrictive covenants. In addition to some common law protections, employers are allowed to protect confidential information, and customer and employee/contractor in a comprehensive manner, including with non-solicit provisions.

Much has been made about the Federal Trade Commission's recent push to eliminate noncompete agreements nationwide through its rulemaking authority. In Nebraska, noncompete provisions are already unenforceable as a matter of law (with the exception of noncompete in the context of selling a business).

To read the full public report visit: https://www.supremecourt.gov/publicinfo/press/Dobbs_Public_Report_January_19_2023.pdf