U.S. Supreme Court,
Labor/Employment
Mar. 7, 2024
Employers face increased risk of SOX retaliation claims with Supreme Court's Murray ruling
Employers should anticipate more whistleblower tips, create a culture of compliance, establish a centralized tip reporting system, conduct prompt and fair investigations, maintain communication with whistleblowers, and document employee performance.
Brian Neil Hoffman
Partner, Holland & Hart LLP
Shutterstock
Employers that improperly retaliate against employees because of their whistleblowing may be subject to claims under the Sarbanes-Oxley Act (SOX). A SOX retaliation case before the U.S. Supreme Court, Murray v. UBS Securities, LLC, et al., held the potential for refinements to the preexisting framework applied in these cases - requiring additional proof from plaintiffs. Yet earlier this month in that case, the U.S. Supreme Court unanimousl...