In early February 2024, the US Supreme Court issued its decision in Murray v. UBS Securities, LLC, upholding existing standards that a whistleblower employee is not required to show that his/her employer acted with retaliatory intent to assert a claim under the Sarbanes-Oxley Act (SOX). In a rare, unanimous decision, the Court overturned the ruling of the US Court of Appeals for the Second Circuit, which found an employee must present evidence of intentional discrimination to establish a violation of the SOX whistleblower protections.
In a Daily Journal article published on March 7, 2024, titled, “Employers Face Increased Risk of SOX Retaliation Claims With Supreme Court’s Murray Ruling,” securities partner Brian Hoffman outlines the Court’s ruling and provides six practical takeaways, including creating a culture of compliance where internal tipping is encouraged and taken seriously to help manage and navigate potential claims.
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