This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month.

At the Supreme Court

• Intent Requirement Under Sarbanes-Oxley Anti-Relation Provision. The Supreme Court granted certiorari in Murray v. UBS Sec., LLC, U.S., No. 22-660 to determine whether the plaintiff in a Sarbanes-Oxley whistleblower retaliation case must prove the employer acted with "retaliatory intent" in taking an adverse employment action to resolve an apparent split between the circuits. The underlying case involves an appeal by a securities firm research strategist who claims he was fired in violation of the whistleblower protection provision of the Sarbanes-Oxley Act after allegedly complaining he was pressured to skew his research. The former employee is challenging the Second Circuit's decision, which overturned a jury verdict in his favor because the district court failed to instruct the jury that the plaintiff had to prove the employer's retaliatory intent to prevail on his claim. Interpreting what it called the plain, ordinary meaning of the statute, the Second Circuit held that to prevail on a whistleblower retaliation claim the employee must prove the employer took an adverse employment action with intent to "'discriminate against an employee . . . because of' lawful whistleblowing activity." The deadline to file briefs on the merits is set for the summer of 2023 and the oral argument will...

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