Court Makes Retaliatory Whistleblower Firings Harder to Prove

Welcome back to another edition of Opening Argument, a reported column where I dig into complicated novel questions of law and unpack disputes that are dividing appeals courts. Today: A look at the burden of proof for whistleblowers who are fired in retaliation.

It’s been nearly five years since Trevor Murray convinced a jury that his former employer, UBS Securities LLC, had unlawfully fired him in retaliation for reporting he’d allegedly been pressured to mislead clients.

Now he has to do it all again.

Murray won over $2 million in attorneys fees, back pay, and damages in his first trial. ...