“Confirmed Judges, Confirmed Fears” is a blog series documenting the harmful impact of President Trump’s judges on Americans’ rights and liberties. It includes judges nominated in both his first and second terms.
Judge Michael Park, who was nominated by Donald Trump to the Second Circuit Court of Appeals, wrote a 2-1 opinion joined by Trump judge Steven Menashi that reversed a district court and ruled that a securities corporation could not be held liable for firing a whistleblower who reported that other employees were violating Securities and Exchange Commission (SEC) rules. Judge Myrna Perez, who was nominated by President Biden, strongly dissented in the February 2025 decision in Murray v UBS Securities.
What happened in this case?
Trevor Murray began working as a research strategist for a large securities company, UBS Securities LLC. He discovered that other employees were violating SEC regulations and reported that to a supervisor. After these complaints, UBS fired him.
Murray filed suit against UBS under a provision of the Sarbanes-Oxley Act that protects corporate whistleblowers who can show that their whistleblowing was a “contributing factor” in their termination. A jury concluded that he did make that showing and found in his favor and against UBS.
UBS appealed to the Second Circuit, which found for UBS, claiming that Murray was required by law to specifically prove retaliatory intent. The Supreme Court unanimously disagreed and reversed. The case then...
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