Skip to Main Content


March 7, 2024
Daily Journal

Employers Face Increased Risk of SOX Retaliation Claims With Supreme Court's Murray Ruling

In early February 2024, the US Supreme Court issued its decision in Murray v. UBS Securities, LLC, upholding existing standards that a whistleblower employee is not required to show that his/her employer acted with retaliatory intent to assert a claim under the Sarbanes-Oxley Act (SOX). In a rare, unanimous decision, the Court overturned the ruling of the US Court of Appeals for the Second Circuit, which found an employee must present evidence of intentional discrimination to establish a violation of the SOX whistleblower protections.

In a Daily Journal article published on March 7, 2024, titled, “Employers Face Increased Risk of SOX Retaliation Claims With Supreme Court’s Murray Ruling,” securities partner Brian Hoffman outlines the Court’s ruling and provides six practical takeaways, including creating a culture of compliance where internal tipping is encouraged and taken seriously to help manage and navigate potential claims.

Please click here to access the full article (subscription required).

This publication is designed to provide general information on pertinent legal topics. The statements made are provided for educational purposes only. They do not constitute legal or financial advice nor do they necessarily reflect the views of Holland & Hart LLP or any of its attorneys other than the author(s). This publication is not intended to create an attorney-client relationship between you and Holland & Hart LLP. Substantive changes in the law subsequent to the date of this publication might affect the analysis or commentary. Similarly, the analysis may differ depending on the jurisdiction or circumstances. If you have specific questions as to the application of the law to your activities, you should seek the advice of your legal counsel.


Unless you are a current client of Holland & Hart LLP, please do not send any confidential information by email. If you are not a current client and send an email to an individual at Holland & Hart LLP, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so. Thus, we may represent a party adverse to you, even if the information you submit to us could be used against you in a matter, and even if you submitted it in a good faith effort to retain us.