Under the Sarbanes–Oxley Act, Must Whistleblower–Employees Prove Their Employer Acted With Retaliatory Intent?

Preview of United States Supreme Court Cases, Vol. 51, Issue 1 (2023)

WVU College of Law Research Paper, No. 2023-018

6 Pages Posted: 2 Oct 2023 Last revised: 14 Dec 2023

See all articles by Anne Marie Lofaso

Anne Marie Lofaso

West Virginia University - College of Law

Date Written: September 29, 2023

Abstract

Case at a Glance: Petitioner Trevor Murray, a financial expert for respondent UBS Securities (UBS), was fired after he complained to his supervisor that the UBS trade desk pressured him to skew his reports in favor of UBS’s commercial mortgage-backed securities business. Murray sued UBS for violating the Sarbanes-Oxley whistleblower provisions. This case presents the question of whether Murray had the burden to prove that UBS’s discharge decision was motivated by retaliatory intent.

Keywords: Sarbanes-Oxley Act, whistleblower, employment law, retaliation

JEL Classification: K00, K10

Suggested Citation

Lofaso, Anne Marie, Under the Sarbanes–Oxley Act, Must Whistleblower–Employees Prove Their Employer Acted With Retaliatory Intent? (September 29, 2023). Preview of United States Supreme Court Cases, Vol. 51, Issue 1 (2023), WVU College of Law Research Paper, No. 2023-018, Available at SSRN: https://ssrn.com/abstract=4588043 or http://dx.doi.org/10.2139/ssrn.4588043

Anne Marie Lofaso (Contact Author)

West Virginia University - College of Law ( email )

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