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Theresa S. Gee Authors Authoritative Guide to Department of Labor's Views on ERISA

Washington, DC, October 1, 2018 – Theresa S. (Tess) Gee, Chair of Miller & Chevalier's Employee Benefits Department, has authored ERISA: Department of Labor Investigations, Enforcement, and Litigation for Bloomberg BNA, a wholly owned subsidiary of Bloomberg.

The recently-released book is 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. It is a comprehensive resource for ERISA practitioners as well as plan sponsors, fiduciaries, and service providers.

"ERISA: Department of Labor Investigations, Enforcement, and Litigation by Tess Gee provides a one-stop guide to Department of Labor enforcement of ERISA," said Robert N. Eccles, Of Counsel at O'Melveny & Myers LLP and former Associate Solicitor of Labor. "Based on her long experience inside and outside the Department, the book comprehensively details the agency's key practices and positions. If you are dealing, or hoping to avoid dealing, with the Department in an enforcement context, this book has what you need to know."

In addition to examining the DOL's structure, priorities, and interpretive positions, the book's features include:

  • Complete guide to DOL regulations, interpretive bulletins, prohibited transaction exemptions, advisory opinions, field assistance bulletins, and technical releases, and the level of deference the DOL has received from the courts
  • Pension and health plan investigations
  • Investigations and litigation under ERISA § 510
  • Litigation of fiduciary issues under ERISA § 404, prohibited transactions under ERISA § 406, and exemptions under ERISA § 408, including co-fiduciary liability and the liability of knowing participants
  • ESOP litigation
  • The Fiduciary Rule and its status
  • Comprehensive appendix of investigation and litigation-related documents including subpoenas, closing letters, and settlement agreements

Gee practices in the area of employee benefits with a specific focus on litigation and counseling in connection with fiduciary responsibilities under ERISA. She served for nearly 15 years at the DOL in the Office of the Solicitor, most recently as a Deputy Associate Solicitor in the division responsible for ERISA litigation and advice. While with the 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.

Further information about the book can be found here.

About Miller & Chevalier 

Founded in 1920, Miller & Chevalier is a Washington, DC law firm with a global perspective and leading practices in Tax, Litigation, International Law, Employee Benefits (including ERISA), White Collar Defense and Internal Investigations, and Government Affairs. Miller & Chevalier is a top-ranked firm sharply focused on targeted areas that interact with the federal government. Over the past three years, the firm's lawyers have represented more than 40 percent of the Fortune 100, one-quarter of the Fortune 500, and approximately 30 percent of the Global 100. Based in Washington, DC, 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



Theresa S. Gee, Chair, Employee Benefits Department, Miller & Chevalier, 202-626-5928
Laura Miller, Media Relations, Greentarget, 312-252-4104