Washington, DC, December 19, 2023 – Miller & Chevalier ERISA & Employee Benefits Litigation attorneys Theresa S. (Tess) Gee, Joanne Roskey, Anthony F. Shelley, and Dawn E. Murphy-Johnson* authored the 2023 edition of ERISA: Department of Labor Investigations and Litigation, published by Practicing Law Institute (PLI), a non-profit learning organization chartered by the Regents of the University of the State of New York. 

The 2023 edition serves as both a reference guide to the Department of Labor's (DOL) regulations and informal guidance and as a resource for DOL's views on Employee Retirement Income Security Act of 1974 (ERISA) fiduciary responsibilities and prohibited transactions, comprehensively detailing DOL's key practices and positions. The book expands on DOL's regulatory and enforcement programs and litigation related to pension and health and welfare plans, including environmental, social, and governance (ESG), cybersecurity, and mental health parity issues, and provides updates on DOL's litigation against plan sponsors, fiduciaries, and service providers. There is also a brief overview of DOL's criminal enforcement program.

Further information about the book can be found here.

About the Authors

Member Tess Gee's employee benefits practice specifically focuses on litigation and counseling in connection with fiduciary responsibilities under ERISA. She served for nearly 15 years at DOL in the Office of the Solicitor, including as a Deputy Associate Solicitor in the division responsible for ERISA litigation and advice. While at 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, and funding and other issues under Title IV of ERISA. Since leaving DOL, Tess has represented plan sponsors, fiduciaries, and service providers in DOL investigations, litigation involving DOL, and class actions. 

Member Anthony F. Shelley focuses on litigation and regulatory issues relating to health and pension benefits. His experience includes matters involving ERISA (including litigation against the Pension Benefit Guaranty Corporation (PBGC) in connection with distress plan terminations) and the Affordable Care Act (ACA). He has defended companies and plans in class actions and individual suits concerning challenges to benefits denials, exclusions from coverage, fiduciary actions, medical provider claims, and subrogation and reimbursement determinations. He has dealt in depth with issues of federal jurisdiction and preemption of state law, as well as governmental regulatory authority, subpoena powers, and administrative law. He has argued before the U.S. Supreme Court and nearly allU.S. Courts of Appeals. 

Member Joanne Roskey has over 25 years of experience representing private clients and federal agencies in a broad spectrum of litigation, advice, and administrative law matters. She focuses her practice on the fiduciary, prohibited transaction, and health plan provisions of ERISA and advises clients on compliance issues and in government investigations and litigation across a wide range of employee benefits matters. Ms. Roskey previously served as Chief of the Division of Health Investigations for DOL's Employee Benefits Security Administration (EBSA), where she led the strategic planning and oversight of EBSA's health plan enforcement program and implemented, monitored, and assessed compliance with national enforcement priorities carried out by 10 regional offices across the country. 

Counsel Dawn Murphy-Johnson litigates and counsels on complex legal issues arising under federal law, with a focus on ERISA and the ACA. She regularly represents clients in disputes concerning a broad range of ERISA matters, with a particular emphasis on fiduciary duties, benefits denials, and the applicability of ERISA to compensatory arrangements. In her career as a litigator and appellate advocate, she has second-chaired trial teams for civil and criminal matters and has extensive experience representing parties and amici at all stages of briefing before the U. S. Supreme Court and in federal Courts of Appeals, including as second chair in oral argument before the Supreme Court.

About Miller & Chevalier 

Founded in 1920, Miller & Chevalier is a Washington, DC law firm with a global perspective and leading practices in Tax, International Law, Litigation, ERISA, White Collar Defense and Internal Investigations, Government Contracts, and Government Affairs. Miller & Chevalier is a top-ranked firm sharply focused on targeted areas that interact with the federal government. A significant number of firm lawyers have held senior positions in the U.S. government and have written many of the regulations they currently help clients navigate. For more information on the firm, visit www.millerchevalier.com.  

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CONTACT: 

Laura Miller, Media Relations, Greentarget, 312-252-4104

*Former Miller & Chevalier attorney