Whistleblower Retaliation Burdens of Proof: Murray v. UBS Securities

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On May 1, the Supreme Court granted certiorari in Murray v. UBS Securities. Murray is a whistleblower retaliation case brought under the Sarbanes Oxley Act (SOX).  Plaintiff Trevor Murray alleges he was terminated in retaliation for raising concerns to his supervisor about his employer (UBS) committing fraud on shareholders. The jury delivered a $1 million verdict for Murray, but the Second Circuit Court of Appeals vacated and remanded the case for a new trial, finding the jury was not properly instructed that an anti-retaliation claim under SOX requires a showing of retaliatory intent. In so finding, the Second Circuit

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