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Sunday, April 26, 2026

A Review of Recent Whistleblower Developments - July 2023 | Foley ... - JD Supra

Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. Recent developments include:

  • SCOTUS to Review SOX Retaliation Case Involving Burden of Proof of Retaliatory Intent
  • Federal Court Denies Summary Judgment to Defendants Arguing Plaintiff Was Not an “Employee” Under SOX
  • Federal Court Rejects Plaintiffs’ Effort to Force Company to Reinstate Them
  • Third Circuit Denies Whistleblower Petition for Review but Questions SEC’s Application of Whistleblower Rules
  • SEC Seeks, and Fifth Circuit Grants, Remand of Its Own Order Denying an Award
  • SEC Awards Single Whistleblower Record-Breaking Sum of Nearly $279 Million

SCOTUS to Review SOX Retaliation Case Involving Burden of Proof of Retaliatory Intent

On May 1, 2023, in Murray v. UBS Securities, LLC, No. 22-660, the United States Supreme Court granted former UBS Securities employee Trevor Murray’s petition for a writ of certiorari to review Murray’s retaliation claim against UBS under Section 1514A of SOX. In 2018, a jury found in favor of Murray, who had sued UBS Securities for violating SOX’s anti-retaliation protection when UBS fired Murray after he accused his superiors of pressuring him to skew his research. In Murray v. UBS Securities, LLC, 43 F.4th 254 (2d Cir. 2022), the Second Circuit reversed the jury’s verdict on appeal, holding that Murray failed to prove by a preponderance of the evidence...



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