Murray v. UBS Securities, LLC
| Murray v. UBS Securities, LLC | |
|---|---|
| Argued October 10, 2023 Decided February 8, 2024 | |
| Full case name | Trevor Murray v. UBS Securities LLC, and UBS AG |
| Docket no. | 22-660 |
| Citations | 601 U.S. 23 (more) |
| Argument | Oral argument |
| Decision | Opinion |
| Case history | |
| Prior | Murray v. UBS Sec., 43 F.4th 254 (2d Cir. 2022). Murray v. UBS Sec., LLC, 14 Civ. 927 (KPF) (S.D.N.Y. 2020) |
| Questions presented | |
| Under the burden-shifting framework that governs Sarbanes-Oxley cases, must a whistleblower prove his employer acted with a "retaliatory intent" as part of his case in chief, or is the lack of "retaliatory intent" part of the affirmative defense on which the employer bears the burden of proof? | |
| Holding | |
| A whistleblower seeking to invoke the protections of section 806 of the SOX Act must prove that their protected activity was a contributing factor in the employer’s unfavorable personnel action, but need not prove that the employer acted with “retaliatory intent.” | |
| Court membership | |
| |
| Case opinions | |
| Majority | Sotomayor, joined by unanimous |
| Concurrence | Alito, joined by Barrett |
Murray v. UBS Securities, LLC, 601 U.S. 23 (2024), is a United States Supreme Court case regarding the standard for bringing a whistleblower retaliation claim under the Sarbanes-Oxley Act.