Law Offices of Howard G. Smith announces that it is investigating
potential claims against TomoTherapy Incorporated ("TomoTherapy” or the
"Company”) (Nasdaq:TOMO) concerning whether the Company’s 401(k) Plan
(the "Plan”) imprudently invested in TomoTherapy stock and whether the
Plan’s administrators breached their fiduciary duties to the Plan’s
participants in violation of the Employee Retirement Income Security Act
of 1974 (ERISA). The investigation concerns public statements issued by
TomoTherapy between May 9, 2007 and April 17, 2008.
According to a shareholder lawsuit pending in the United States District
Court for the Western District of Wisconsin, during the foregoing period
TomoTherapy and certain of its executive officers failed to disclose
and/or misrepresented the Company’s revenues from backlogged multi-unit
orders and earnings guidance. The investigation concerns whether
TomoTherapy and other administrators of the Plan failed to prudently and
loyally manage the Plans’ investments in TomoTherapy stock by continuing
to offer Company stock when the stock was no longer a prudent investment
for participants’ retirement savings.
If you are a current or former employee who participated in, or
continues to participate in, the TomoTherapy Incorporated 401(k) Plan
and have information or would like to learn more about these claims,
please contact Howard Smith, Esquire, of Law Offices of Howard G. Smith,
3070 Bristol Pike, Suite 112, Bensalem, Pennsylvania 19020, by telephone
at (215) 638-4847, Toll-Free at (888) 638-4847, by email to howardsmith@howardsmithlaw.com
or visit our website at www.howardsmithlaw.com.
