Phillips & Cohen partner Sean McKessy talked to Legal Dive about the Supreme Court’s decision in Murray v. UBS.
According to McKessy, there would have been no protection at all for whistleblowers if the Supreme Court did not reach the result that it did.
“As a practical matter, whistleblowers would have been defanged and the law would have had zero deterrent effect [without this ruling],” said McKessy. “It’s so hard to show intentionality. You basically need someone dumb enough to put their retaliatory animus in an email.”
McKessy added, “I’ve seen some mind-boggling conduct, but I’ve yet to see them put in writing, ‘We’re firing you because you reported wrongdoing.’”
Read the entire article, “GCs Urged to Act Before Employees Become Whistleblowers,” Legal Dive, February 23, 2024.