Theresa (Tess) S. Gee

Tess Gee is the author of ERISA: Department of Labor Investigations and Litigation (Practicing Law Institute), an authoritative guide to the Department of Labor's (DOL) enforcement of the fiduciary and prohibited transaction provisions under the Employee Retirement Income Security Act of 1974, as amended (ERISA). Tess also writes frequently on issues concerning ERISA's fiduciary responsibilities as they relate to pension and health plans, including trends in litigation. Tess served as the Chair of the firm's Employee Benefits Department. She is a Fellow of the American College of Employee Benefits Counsel.

Tess focuses her practice on both litigation and counseling in connection with fiduciary responsibilities and compliance with ERISA. Tess served for nearly 14 years in DOL's Office of the Solicitor, most recently as a Deputy Associate Solicitor in the division responsible for ERISA litigation and advice. While with DOL, she represented the government in investigations and cases involving breaches of fiduciary duty and prohibited transactions in connection with the value of company stock, corporate fraud, excessive fees, health plans and plan investments, as well as funding and other issues under Title IV of ERISA.

Since leaving the government, Tess has utilized her extensive past experience to assist clients in responding to DOL fiduciary investigations and inquiries and advising on plan design, fiduciary processes, disclosures, compliance with prohibited transaction provisions, and controlled group issues. She has successfully defended major corporations, directors and officers in class actions alleging fiduciary breaches, obtaining dismissal, nonmonetary settlement and favorable summary judgment rulings in various matters.

Prior to joining Miller & Chevalier, Tess advised clients under DOL investigation and was an ERISA class action litigator at a global law firm with offices in Washington, DC.