Supreme Court Issues Decision On “Retaliatory Intent” Requirement Under Sarbanes-Oxley

Mathew Moldawer
Mathew Moldawer
02/13/2024
On February 8, 2024, the United States Supreme Court issued its decision in Murray v. UBS, 22-660,  _S.Ct._(2024), a case involving the Sarbanes-Oxley Act of 2002.  Sarbanes-Oxley was passed as a result of the Enron scandal, where the company used illicit accounting practices to inflate their revenue to appear more profitable.  Enron employees who raised concerns about Enron’s corrupt practices faced unfavorable treatment and even termination...
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The Difference Between Race and Racism

You may recall an event in Central Park in mid-2020 that involved a woman who called the police when she encountered a birdwatcher.  The birdwatcher was Black.  The woman was white.   Video of the incident went viral.  I’ll spare you the link, but it’s still available (isn’t everything) with a quick search of “Central Park Karen,” as the incident became known. Amy Cooper was walking with her dog off leash in the Bramble, which is...
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Maryland Employee Terminated For Failure To Follow Company Policy Can Proceed On Wrongful Discharge Claim

Kollman & Saucier
Kollman & Saucier
10/17/2018
Most employers are well-versed in statutory laws which prohibit termination of an employee for reasons such as a discrimination or retaliation.  But its lesser known that some states like Maryland have a catch-all cause of action for situations where an employee claims her termination violates public policy, but no statute provides a remedy.  Under those circumstances, an employee can sue for wrongful discharge, which is what occurred recently in...
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Virginia Court Refuses to Dismiss Jeweler's Bowman Claim

Kollman & Saucier
Kollman & Saucier
06/28/2017
Virginia courts recognize a narrow exception to the employment at will doctrine for employees who claim to have been discharged  in violation of public policy. Known as Bowman claims (after the seminal 1985 Bowman v. State Bank of Keysville decision),  employees can bring a claim for "wrongful discharge" if they can show that a statute expressly or implicitly protects them from being discharged for conduct covered by the statute. In the recent...
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Virginia Supreme Court Affirms Dismissal of Bowman Claim Based on Protective Order Statutes

Kollman & Saucier
Kollman & Saucier
03/08/2017
On February 23, 2017, the Virginia Supreme Court sustained a demurrer to a complaint alleging a Bowman claim of wrongful termination.  Francis v. National Accrediting Commission of Career Arts & Sciences, Inc. No. 160267.  The Court rejected an employee's claims that the public policy embodied in Virginia Code §§ 19.2-152.7:1 through 19.2-152.10 (the Protective Order Statutes) provides the basis for a wrongful discharge claim. According to...
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Fifth Circuit Holds That Firing For Having Gun at Work May Be Wrongful Discharge

Kollman & Saucier
Kollman & Saucier
08/12/2016
The public debate about the breadth of the Second Amendment remains ongoing and a subject that provokes deeply held passions and beliefs on both sides -- including recent comments on the topic by a certain presidential candidate.  Amidst this debate, the Fifth Circuit Court of Appeals held this week that an employee who was terminated for bringing a gun to work may bring a lawsuit for wrongful discharge under Mississippi law.  Swindol v. Aurora...
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