THOUGHT LEADERSHIP
Supreme Court Ruling Could Be a Game-Changer for Whistleblower Retaliation Standards By CHRISTOPHER ROBERTSON AND OWEN WOLFE
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n October 10, 2023, the Supreme Court heard oral arguments in Murray v. UBS Securities, LLC. Employers and HR professionals throughout the United States should keep a close eye on the Court’s eventual decision, which is expected soon. The Court’s decision could reshape the standard for whistleblower retaliation claims under the Sarbanes-Oxley Act (SOX). Depending on how the Court rules,
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employers and HR departments should be ready to revamp their whistleblower policies, training programs, and internal investigation procedures. The case centers on Trevor Murray, who was formerly employed by UBS as a strategist in the bank’s commercial mortgage-backed securities (CMBS) business. Murray alleged that he complained to his supervisor that certain UBS CMBS
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traders were improperly attempting to influence his reports, in violation of applicable regulations. Murray further alleged that he was fired after reporting this conduct, which Murray asserted was retaliation in violation of SOX. UBS contended that it terminated Murray as part of a wider reduction of staff, rather than because of his whistleblowing activity. The case has progressed through BACK TO CONTENTS
