A challenge for employers can be properly handling internal whistleblower tips and defending claims of retaliation in violation of the Sarbanes-Oxley Act (SOX) – allegations that an employer took adverse employment action against an employee because of his/her whistleblowing. A SOX retaliation case before the U.S. Supreme Court, Murray v. UBS Securities, holds potential to refine the existing framework applied in these cases, but a narrower opinion seems likely. Irrespective of the ultimate decision, employers can take proactive steps to help reduce potential exposure.
Securities partner Brian Hoffman authored the article titled, “Key Employer Takeaways From Oral Arguments in Murray v. UBS Securities,” published in Daily Journal, October 24, 2023. The article provides an overview of the Supreme Court case affecting whistleblowers of public companies and provides employers practical steps to best prepare and appropriately manage potential internal whistleblower tips. Future litigants may not see dramatic changes to the existing SOX retaliation claim framework from Murray, and further questions may be left open for future courts to resolve.
Please click here to read the full article as published in Daily Journal.
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