On February 8, 2024, the U.S. Supreme Court issued its long-awaited opinion in Murray v. UBS Securities, LLC, concluding that whistleblowers under Sarbanes-Oxley (“SOX”) do not need to prove retaliatory intent. Instead, they need to prove that the whistleblowing activity was a “contributing factor” to the adverse action. If they can show this, the burden shifts to the employer to show, by clear and convincing evidence, that it would have made the same decision in the absence of the protected conduct. The opinion in Murray lowers the bar for SOX whistleblower claims, potentially paving the way for more claims and making dismissal of such claims more challenging.

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