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) regulations and guidance, enforcement priorities, litigation positions, and views advocated through its amicus curiae briefs in the U.S. Supreme Court and the Courts of Appeals. From 2017 to 2019, Tess was Chair of the firm's Employee Benefits Department.

Tess practices in the area of employee benefits with a specific focus on the Employee Retirement Income Security Act of 1974, as amended (ERISA). She focuses on both litigation and counseling in connection with fiduciary responsibilities under ERISA. Tess served for nearly 15 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 and compliance with ERISA's prohibited transaction provisions. 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.