Employees depend greatly on their companies’ retirement and investment plans to effectively ensure their financial security after leaving the work force, and companies have a fiduciary duty to act in their employees’ best interest in investing plan assets. On occasion, employers fail – through negligence or malice – to act in their employees’ best interest in structuring these plans, and instead structure them in a way that jeopardizes or even eliminates their future security.  Alarmingly, evidence has emerged in recent years that many companies have even gone so far as to invest up to hundreds of millions of dollars of plan assets in their own stock while simultaneously committing acts in violation of securities laws – a practice that frequently results in swift and severe devaluation of company stock.

These practices put retired or retiring employees’ ability to support themselves at grave risk, the need for dedicated, experienced and skilled legal professionals is perhaps never more crucial than it is under in these circumstances.  At Kirby McInerney, our attorneys litigate class action suits under ERISA - The 1974 Employee Retirement Income Security Act - to give recourse to employees defrauded by their employers.  We fight against such employers and successfully defend our clients’ interests, restoring to them the secure future that they have worked hard to ensure, and which is rightfully theirs.   

If you have a legal question pertaining to a possible ERISA fraud or are interested in learning more about our ERISA practice, please contact Peter Linden at plinden@kmllp.com.