Aug 5 2022
2nd Cir. 21-56 Panel Decision

Murray v. UBS Securities, LLC

The Second Circuit held that the Sarbanes-Oxley Act requires a whistleblower to prove an employer acted with retaliatory intent to discriminate against them. Because the district court failed to instruct the jury on this essential element, the verdict is vacated and the case is remanded for a new trial.

Aug 5 2022
2nd Cir. 20-4202 Panel Decision

Murray v. UBS Securities, LLC

The Second Circuit held that the Sarbanes-Oxley Act requires a whistleblower to prove an employer acted with specific retaliatory intent to establish an adverse employment action claim. Because the district court failed to instruct the jury on this essential element, the court vacated the verdict and remanded for a new trial.

Aug 23 2023
2nd Cir. 20-1643-cv Panel Decision

New England Carpenters Guaranteed Annuity and Pension Funds v. AmTrust Financial Services, Inc.

The Second Circuit held that AmTrust Financial Services' public statements regarding its accounting for extended warranty revenue and employee bonuses were actionable statements of opinion under the Securities Act. The court vacated the dismissal of these specific claims and remanded the case for trial, while affirming the dismissal of all other securities fraud allegations.

Nov 21 2017
2nd Cir. 15-0690 Panel Decision

Peterson v. Islamic Republic of Iran

The United States Court of Appeals for the Second Circuit reviewed a dispute over the enforcement of judgments against Iran involving bond proceeds held by foreign banks. The court vacated the lower court's dismissal of non-turnover claims against plaintiffs who were not parties to prior settlement agreements and remanded the case to determine the location of assets and applicable immunity defenses.