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Barroway Topaz Kessler Meltzer Check, LLP is also at the forefront of protecting the rights of employees and consumers. The firm's ERISA Litigation Department specializes in breach of fiduciary duty actions brought pursuant to the Employee Retirement Income Security Act of 1974. Many of these suits involve fiduciary breaches by a company in the administration of an employee benefit plan. For example, a company sponsoring and administering a defined contribution 401(k) plan for the benefit of its employees, has a fiduciary duty to ensure that plan assets (including employee and any company matching contributions to the plan) are directed to appropriate and prudent investment vehicles. This duty is sometimes breached, particularly where a company deems investment in its own equities appropriate, despite having access to information that clearly indicates otherwise.
This conflict of interest and the resultant losses, can be devastating to employees who often depend on their 401(k) accounts as a principal source of retirement income. Barroway Topaz Kessler Meltzer Check, LLP commits considerable resources to litigating claims on behalf of pension plan participants, and is currently prosecuting more than two dozen ERISA actions nationwide as lead or co-lead counsel, including suits against Honeywell, Bristol-Myers, El Paso and Time Warner.
Barroway Topaz Kessler Meltzer Check, LLP also specializes in litigation on behalf of consumers. More broadly, consumer fraud describes a wide range of improper practices that may involve advertising, marketing and/or the sale of goods or services. Consumer fraud class actions are initiated, for example, when a company overcharges or improperly charges consumers for goods or services, or runs deceptive or misleading ads for its products. Companies also commit consumer fraud when they interpret a contract or agreement in a manner that unfairly disadvantages consumers. Barroway Topaz Kessler Meltzer Check, LLP has taken a prominent role in prosecuting claims against credit card companies, pharmaceutical companies, life insurance companies and private mortgage insurers, which have resulted in significant monetary recoveries and changes in corporate policies on a class-wide basis.
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