A federal appeals court in New York vacated a

jury verdict in favor of a former

UBS AG worker who claimed he was illegally fired in retaliation for protected whistle-blower activity.


The verdict in favor of former strategist Trevor Murray is invalid because the trial judge failed to inform the jury that a whistle-blower must prove his employer intentionally retaliated against him, the 2nd US Circuit Court of Appeals in Manhattan

ruled Friday. The appeals court ordered a new trial.

The Sarbanes-Oxley Act requires a whistle-blower-employee like Murray to prove by a preponderance of the evidence that the employer took the adverse employment action against the whistle-blower-employee with retaliatory intent, the panel said.

Murrays lawyer, Robert Herbst, didnt immediately respond to a message seeking comment.

The case is Murray v. UBS Securities, 14-cv-00927, US District Court, Southern District of New York (Manhattan).