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Whistleblowers Employer Liability Issues Anti-Retaliation Provisions

Dorsey & Whitney LLP

Companies Subject to U.S. Jurisdiction Should not Restrict Personnel from Being SEC Whistleblowers, or Receiving SEC Whistleblower...

Dorsey & Whitney LLP on

SEC rules prohibit taking “any action” to impede an individual from communicating directly with the SEC about a possible securities law violation, including by enforcing, or threatening to enforce, a confidentiality...more

Conn Maciel Carey LLP

[Webinar] Addressing Employee Complaints: Retaliation and Whistleblower Complaints with the EEOC, OSHA, and MSHA - October 1st,...

Conn Maciel Carey LLP on

Over the past several years, employers have seen a significant uptick in retaliation claims filed by employees and investigated by federal agencies. For example, in 2010, only approx. 30% of all charges filed with the EEOC...more

A&O Shearman

European Commission Report on EU Whistleblowing Directive

A&O Shearman on

The European Commission has published a report on the implementation and application of the EU Whistleblowing Directive. The Directive aims to guarantee a high level of balanced and effective protection for persons who report...more

Houston Harbaugh, P.C.

SCOTUS: Whistleblowers need not prove retaliatory intent under Sarbanes-Oxley Act

Houston Harbaugh, P.C. on

The U.S. Supreme Court recently held that proving an employer’s retaliatory intent is not required for whistleblowers seeking protection under the Sarbanes-Oxley Act. In Murray v. UBS Securities, LLC, 144 S. Ct. 445 (2024),...more

Littler

Littler Lightbulb: February Appellate Roundup

Littler on

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....more

Poyner Spruill LLP

Whistleblower Risks: United States Supreme Court Clarifies Burden of Proof

Poyner Spruill LLP on

In Murray v. UBS Securities, LLC the United States Supreme Court resolved a circuit split, holding that whistleblowers asserting retaliation claims under Sarbanes-Oxley must prove protected activity was a contributing factor...more

Sheppard Mullin Richter & Hampton LLP

United States Supreme Court Endorses Low Burden of Proof for Whistleblowers

In Murray v. UBS Securities, LLC, 601 U. S. ____, 2024 WL 478566 (2024), the United States Supreme Court (Sotomayor, J.) held that whistleblowers do not need to prove their employer acted with “retaliatory intent” to be...more

Goulston & Storrs PC

SCOTUS Issues Decision with Significant Implications for Future Whistleblower Cases

Goulston & Storrs PC on

On February 8, 2024, the United States Supreme Court issued an opinion in Murray v. UBS Securities, LLC, 601 U.S. ___(2024), a case involving a former UBS employee’s claim that he was terminated for making an internal report...more

BakerHostetler

Murray v. UBS Securities, LLC - Whistleblower Retaliation Without Need to Prove Retaliatory Intent

BakerHostetler on

On February 8, 2024, the Supreme Court of the United States (SCOTUS) unanimously ruled in Murray v. UBS Securities, LLC that employers can violate whistleblower protection statutes without evidence establishing retaliatory...more

The Volkov Law Group

Supreme Court’s Unanimous Decision Provides Important Protections for Sarbanes-Oxley Whistleblowers

The Volkov Law Group on

In a unanimous ruling, the Supreme Court reaffirmed the whistleblower protections of the Sarbanes-Oxley Act in the case, Murray v. UBS Securities, LLC et al. (February 8, 2024).  The Supreme Court’s decision reaffirms an...more

Jones Day

Supreme Court Holds Proof of Retaliatory Intent Not Required for Sarbanes-Oxley Whistleblower Claims

Jones Day on

The Background: In August 2022, the United States Court of Appeals for the Second Circuit held in Murray v. UBS Securities, LLC., et al. ("Murray") that an employee suing his employer under the anti-retaliation provisions of...more

Parker Poe Adams & Bernstein LLP

Supreme Court Says Whistleblowers Do Not Need to Prove Retaliatory Intent

Last week in a unanimous opinion, the U.S. Supreme Court concluded that an employee who sued his former employer for retaliatory termination did not need to prove a retaliatory intent behind the decision. Murray v. UBS...more

Morgan Lewis

Nuclear Whistleblower Cases: Supreme Court’s Sox Whistleblower Rationale Will Likely Be Applied

Morgan Lewis on

The US Supreme Court ruled in Murray v. UBS Securities LLC that whistleblowers under the Sarbanes-Oxley Act (SOX) need not prove retaliatory intent. This ruling is consistent with current precedent for Energy Reorganization...more

Miller Nash LLP

(We Can’t Have No) Retaliation: Part Two—Important Lessons for Employers Resulting from the SCOTUS Whistleblower Decision

Miller Nash LLP on

Outlined in part one of our series—SCOTUS Clarifies Whistleblower Claims Standard under Sarbanes Oxley—the U.S. Supreme Court reversed a federal court of appeals decision, resolving a recent federal appeals court split...more

Kramer Levin Naftalis & Frankel LLP

The US Supreme Court Rules in Murray v. UBS That SOX Whistleblowers Do Not Need To Prove Retaliatory Intent

On Feb. 8, 2024, the U.S. Supreme Court unanimously ruled in Murray v. UBS Securities, LLC that plaintiffs bringing whistleblower retaliation claims under Section 1514A of the Sarbanes-Oxley Act of 2002 do not need to prove...more

Vinson & Elkins LLP

Supreme Court Confirms Retaliatory Intent Is Irrelevant in Proving SOX Retaliation

Vinson & Elkins LLP on

On February 8, 2024, in its Murray v. UBS Securities, LLC1 opinion, the U.S. Supreme Court unanimously held that a whistleblower pursuing a claim for retaliation under the Sarbanes-Oxley Act of 2002 (“SOX”) does not need to...more

Bricker Graydon LLP

Landmark Ruling Redefines Whistleblower Protection Under Sarbanes-Oxley Act

Bricker Graydon LLP on

On February 8, 2024, the United States Supreme Court released a unanimous opinion confirming that a whistleblower does not need to show their employer’s actions were made with “retaliatory intent” to be protected under the...more

Eversheds Sutherland (US) LLP

No retaliatory intent required - “contributing factor” sufficient to prevail in SOX whistleblower claim

On February 8, 2024, the United States Supreme Court, in Murray v. UBS Securities, LLC, issued a decision that expands the ability of whistleblowers to seek anti-retaliation protections under federal whistleblower laws....more

A&O Shearman

Supreme Court Rules Whistleblowers Need Not Prove Retaliatory Intent Under SOX

A&O Shearman on

On February 8, 2024, the Supreme Court of the United States unanimously held that whistleblower-plaintiffs need not prove that adverse employment actions were motivated by their employer’s retaliatory intent to obtain...more

Littler

Costa Rica Passes First “Whistleblower Law” to Protect Complainants and Witnesses of Possible Acts of Corruption

Littler on

On December 13, 2023, the Legislative Chamber of Costa Rica passed Bill No. 23,449, “Protección de las personas denunciantes y testigos de actos de corrupción contra represalias laborales” (Law for the protection of...more

Ius Laboris

Belgium’s new whistleblowing law

Ius Laboris on

The EU Whistleblowing Directive has been implemented in Belgium and SMEs have only until 17 December to act. Here we consider some of the key details of the new Belgian legislation....more

Epstein Becker & Green

#WorkforceWednesday: SEC Cracks Down on Private Companies for Violating Whistleblower Protections - Employment Law This Week®

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This week, we’re focusing on three recent Securities and Exchange Commission (SEC) charges against employers for violating whistleblower protection laws and how all employers should take extra steps to ensure compliance in...more

Ballard Spahr LLP

SEC Increases Scrutiny of Whistleblower Protections

Ballard Spahr LLP on

Summary - The Securities and Exchange Commission (SEC) has recently announced settlements with a number of companies whose separation agreements or internal policies the SEC viewed as impeding employees’ participation in the...more

Ius Laboris

Employee whistleblowing in the UAE

Ius Laboris on

While the area is still developing, some whistleblower protections are already on the books in the UAE. ...more

Ius Laboris

Whistleblowing in Germany: what employers need to know

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Germany’s new Whistleblower Protection Act is now in force. Large and medium-sized companies need to act quickly to comply and avoid possible fines....more

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