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On February 8, 2024, the Supreme Court of the United States (SCOTUS) found that former employees who filed a federal whistleblower retaliation claim under the Sarbanes-Oxley Act (SOX) must only show the protected activity was a “contributing factor” to the employer’s adverse employment decision. Significantly, the Court found whistleblowers need not show “retaliatory intent”—in contrast to other federal antidiscrimination laws.
Trevor Murray was employed as a research strategist at securities firm USB. In that role, he was responsible for reporting on commercial mortgage-backed securities (CMBS) to USB customers. The role required him to certify his reports were