FOLLOW US

America November 24, 2025 3 mins read

Supreme Court Declines to Reopen UBS Retaliation Case Revival Fight

America ı By Rihem Akkouche

0 Comments

UBS Retaliation Case revival

The U.S. Supreme Court on Monday refused to once again wade into the long-running whistleblower battle between UBS and its former research analyst, shutting down a renewed appeal in a case that has already ricocheted through the federal courts for years. The dispute centered on a critical legal question: under the Sarbanes-Oxley Act, must whistleblowers prove retaliation—or discrimination—to win?

A Whistleblower’s Second Bid Falls Short

Trevor Murray, the ex-UBS analyst whose claim was revived by the high court just last year, had asked the justices to overturn a new Second Circuit ruling that dismantled his nearly $1 million jury verdict. The appeals court vacated the award after determining that the jury instructions in his trial were overly broad, introducing ambiguity into what qualifies as a “contributing factor” in a retaliatory firing.

Neither Murray’s attorneys nor UBS responded to requests for comment on the latest development.

A High-Stakes Definition: What Is a ‘Contributing Factor’?

The Legal Meaning at the Heart of the Case

Murray had urged the Supreme Court to clarify whether a contributing factor under federal whistleblower law includes anything that “alone or together with other forces tends to affect an employment decision”—a standard embraced by several appellate courts. The phrase appears in the Aviation Investment and Reform Act, codified at 49 U.S.C. § 42121(b), and serves as the backbone of whistleblower protections across multiple sectors.

Supporters of Murray—including major whistleblower advocacy organizations and Sen. Ron Wyden, D-Ore.—warned that the Second Circuit’s stance created a “deep and direct conflict” by narrowing the reach of Sarbanes-Oxley, legislation designed to ensure corporate accountability in financial reporting.

A Verdict Won, Lost, Revived—Then Lost Again

Murray initially secured more than $900,000 in 2017 when a Manhattan federal jury found he was illegally terminated after alerting UBS leadership that he was being pressured to manipulate his research. But the Second Circuit reversed that win in 2022, ruling that Sarbanes-Oxley plaintiffs must prove their employer acted with retaliatory intent.

In 2024, the Supreme Court revived the case, unanimously rejecting the retaliatory intent requirement. The justices held that whistleblowers need only show that their protected activity contributed to the adverse action; from there, the burden shifts to the employer to prove it would have taken the same action regardless—an intentionally plaintiff-friendly structure crafted by Congress.

Yet on remand, the Second Circuit again tossed Murray’s verdict, concluding in a divided ruling that the trial judge instructed the jury using an excessively expansive definition of “contributing factor,” allowing jurors to find liability if the protected activity merely “tended to affect” UBS’ decision.

A New Appeal Shut Down

Murray’s latest petition contended that the high court never addressed the statutory meaning of “contributing factor” during its 2024 review, and he argued that the Second Circuit’s interpretation conflicts with other circuits and with positions taken by the U.S. Department of Labor.

UBS countered that lower courts should be free to sort out trial-level questions—such as jury instruction standards—before the Supreme Court intervenes again.

The justices agreed, declining to take up the case.

Counsel

Murray is represented by:

  • Robert L. Herbst and Benjamin J. Ashmore Sr., Herbst Law PLLC

  • Scott A. Korenbaum, Scott A. Korenbaum Esq.

  • Robert B. Stulberg and Patrick J. Walsh, Stulberg & Walsh LLP

  • Easha Anand and Pamela S. Karlan, Stanford Law School Supreme Court Litigation Clinic

UBS is represented by:

  • Eugene Scalia, Thomas G. Hungar, Andrew G.I. Kilberg, Aaron Smith, Andrew Y. Ebrahem, Gibson Dunn & Crutcher LLP

Previous Article

NBA Gambling Scheme Scandal: Operation Royal Flush Brings Chauncey Billups to Federal Court

Read More
4584 Posts

Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America September 11, 2026
Tenet Health 1,500 Layoffs Ripple Across North Texas Job Market
By – Rihem Akkouche
America September 11, 2026
Bears and RB Swift $33.75M Extension Locks In Backfield Anchor
By – Tyler Brooks
America September 11, 2026
Josh Hawley Opens OpenAI Investigation Over…

Key Takeaways Josh Hawley is demanding answers and internal records…

By – Samuel Lopez
America September 11, 2026
Congress Has Seen the Evidence on…

Key Takeaways Lawmakers with security clearances, including Rep. Nancy Mace,…

By – Samuel Lopez
Science & Technology September 11, 2026
iPhone Duo Finally Gives Apple Fans…

CUPERTINO, Calif. — iPhone Duo will bring a folding screen…

By – Michallie Harrison
America September 11, 2026
Mexican Food Company Announces California Layoffs…

Key Takeaways Ruiz Foods is cutting 176 jobs at its…

By – Samuel Lopez
America September 11, 2026
Sam Bankman-Fried Seeks Supreme Court Review…

By Samuel López | USA Herald Sam Bankman-Fried is taking…

By – Samuel Lopez
America September 11, 2026
5th Circuit Vacates $125M Award Over…

Key Takeaways A divided Fifth Circuit upheld relief from a…

By – Samuel Lopez
America September 11, 2026
5th Circuit Vacates $125M Award Over…

Key Takeaways A divided Fifth Circuit upheld relief from a…

By – Samuel Lopez
America September 10, 2026
41% of Lawyers Say Legal Careers…

Key Takeaways More than 41% of surveyed lawyers say the…

By – Samuel Lopez
America September 10, 2026
Trump Promises $5,000 Dividend Checks if…

By Samuel López | USA Herald DALLAS — President Donald…

By – Samuel Lopez
America September 10, 2026
Hawaii Couple Sentenced to Prison After…

Key Takeaways Scott Hawver received 16 months in prison, and…

By – Samuel Lopez
America September 10, 2026
Flock Safety Cracks Down on Police…

Flock Safety is introducing mandatory safeguards for its automated license-plate…

By – Jackie Allen
America September 10, 2026
Massachusetts Judge Publicly Reprimanded Over 2018…

Key Takeaways The Massachusetts Supreme Judicial Court publicly reprimanded Judge…

By – Samuel Lopez
America September 10, 2026
OpenAI Cybersecurity Under Scrutiny After AI…

OpenAI cybersecurity concerns are growing after researchers reported that a…

By – Jackie Allen
America September 9, 2026
To Catch a Predator: Robert Pattinson…

The phrase Catch a Predator became synonymous with one of…

By – Jackie Allen
America September 8, 2026
Trump-a-Palooza: Republicans Put Trump at Center…

DALLAS — Trump-a-Palooza is bringing Republicans from across the country…

By – Jackie Allen
America September 8, 2026
Iranian Twins Face Death Sentence and…

Iranian twins Taraneh and Romina Rahimi, 20, are facing drastically…

By – Jackie Allen
America September 8, 2026
AI Amnesia: Bigger Diffusion Models May…

AI Amnesia may be an emerging problem for researchers, artists…

By – Jackie Allen
America September 8, 2026
Bats Invade Homes in New York…

New York is experiencing a surge in bat encounters this…

By – Jackie Allen
America September 10, 2026
PGR Filed for Bankruptcy as Solar…

Solar power promises endless energy from an endless source —…

By – Rihem Akkouche
America September 10, 2026
Frazier $1.1B Public Fund Signals Fresh…

When investors line up not just to meet a funding…

By – Tyler Brooks
America September 10, 2026
Enbridge-Tallgrass Crude Oil Deal Locks In…

In the world of energy infrastructure, growth often looks less…

By – Tyler Brooks
America September 10, 2026
Brian Duckworth Death Silences a Voice…

Some voices carry further than the rooms they’re born in.…

By – Tyler Brooks
America September 10, 2026
Wrongful Death Lawsuit Against Energy Drink…

Key takeaways The latest reported order paused the family’s lawsuit…

By – Samuel Lopez
America September 10, 2026
Missing Scientists and Defense Personnel Continue…

Key takeaways Four people central to earlier coverage remain publicly…

By – Samuel Lopez
America September 9, 2026
Ambient AI Could Be the Next…

Key Takeaways Ambient AI can turn conversations into draft records,…

By – Samuel Lopez
America September 5, 2026
Georgian National Indicted in Money Laundering…

By Samuel López | USA Herald A federal grand jury…

By – Samuel Lopez
America September 1, 2026
DOJ Drops Hammer On Kansas School…

By Samuel López | USA Herald The U.S. Department of…

By – Samuel Lopez
America August 28, 2026
CVS Ordered to Answer for AI-Fueled…

Case at a Glance A Manhattan federal judge has ruled…

By – Samuel Lopez
Breaking News August 27, 2026
Sacred Horse Year Pilgrimage Turns Catastrophic…

A Disaster Unfolding in Real Time, Legal and Diplomatic Fallout…

By – Samuel Lopez
America August 27, 2026
When Your Chatbot Becomes the Star…

Legal Analysis: How AI Conversations Are Reshaping the Rules of…

By – Samuel Lopez
America September 6, 2026
Travis Kelce-Backed Club Car Wash Faces…

By Samuel López | USA Herald A fast-growing car wash…

By – Samuel Lopez
America September 6, 2026
‘DWTS’ Gleb Savchenko Lists $1.4 Million…

By Samuel López | USA Herald Factual Background Gleb Savchenko…

By – Samuel Lopez
America September 4, 2026
Trump Calls Tiger Woods DUI Plea…

In This Report Tiger Woods accepted reduced charges and surrendered…

By – Samuel Lopez
America September 2, 2026
Clippers Fined $30M as NBA Drops…

A year-long investigation just landed on the Los Angeles Clippers…

By – Rihem Akkouche
America August 26, 2026
Tupac Shakur Murder Trial Moves to…

The Tupac Shakur murder trial will resume Thursday in Las…

By – Jackie Allen
America August 21, 2026
World Cup Brawl Leads to Major…

EAST RUTHERFORD, N.J. — The World Cup final between Spain…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter