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Tuesday, April 28, 2026

Advocates, Government Officials File Supreme Court Briefs Supporting UBS Whistleblower - Whistleblowers Protection Blog

In May, the U.S. Supreme Court agreed to hear a Sarbanes-Oxley Act (SOX) whistleblower case with widespread implications for the ability of whistleblowers to seek anti-retaliation protections under federal whistleblower laws.

Since the Court granted certiorari in the case, whistleblower advocates and government officials have filed a series of amicus briefs in support of the whistleblower urging the Court to overturn a Second Circuit decision voiding a nearly $1 million retaliation award.

The case, Murray v. UBS Securities, LLC, was filed by an ex-employee against UBS Bank. Trevor Murray alleges that he was fired from his role as a bond strategist at UBS because he refused to publish misleading research reports and complained about being pressured to do so. SOX prohibits employers from retaliating against employees because the worker reported financial wrongdoing.

However, in 2022, 2nd U.S. Circuit Court of Appeals ruled against Murray, saying he did not prove that UBS intended to retaliate against him by firing him. In contrast, other federal appeals courts have ruled that whistleblowers only need to prove that their whistleblowing was a “contributing factor” to a decision to fire them.

In an amicus brief filed on behalf of the National Whistleblower Center (NWC), the founding partners of Kohn, Kohn & Colapinto (KKC) give a detailed history of the drafting of SOX to demonstrate the Congressional intent behind a “contributing factor” standard of proof. The partners of...



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