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I work with an online investment firm that because of an error in their system they neglected to invest my 401k retirement roll-over after I had transferred money to them. I brought this to their attention 3 months later after I logged in to check my account and saw it had been closed. During this time the investments that should have been made on my behalf increased in value. Is the investment firm liable for the investment appreciation that was missed because they didn't invest me money?