Wyden Urges Justices to Revive UBS Retaliation Case Again
This article features Government Accountability Project Legal Director Tom Devine and was originally published here.
Sen. Ron Wyden and several whistleblower organizations have urged the U.S. Supreme Court to revive for a second time a fired UBS worker's whistleblower retaliation lawsuit, pointing to a "deep and direct conflict" the Second Circuit has created with its latest decision in the case.
Wyden, D-Ore., along with the Government Accountability Project, the National Whistleblower Center, the Project on Government Oversight and Whistleblowers of America, filed a 38-page amicus brief Wednesday, backing Trevor Murray in his suit against UBS Securities LLC. The amicus parties said the high court should reverse a February Second Circuit ruling that backed UBS and struck down a nearly $1 million verdict a jury had awarded Murray due to faulty jury instructions.
The amicus parties said the Second Circuit ignored the "relevant canons of construction" and overlooked the language, history and purpose of the Sarbanes-Oxley Act, which governs corporate financial reporting and recordkeeping. The Second Circuit also broke from five other circuit courts on the matter, according to the brief.
"Amici submit that this deep and direct conflict, by itself, provides compelling grounds for this court to grant Murray's pending petition for certiorari, particularly in light of the legal uncertainty this split reflects and the forum...
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