Tess Gee is a counsel in O’Melveny’s Washington, DC office, focusing on ERISA litigation and advice in connection with fiduciary responsibilities under ERISA. She joined the Firm from the U.S. Department of Labor’s Office of the Solicitor, where she was a Deputy Associate Solicitor in the division responsible for ERISA litigation and advice. While with the Department of Labor, Tess represented the government in dozens of investigations and cases involving breaches of fiduciary duty and prohibited transactions in connection with the value of company stock, corporate fraud, excessive fees, undisclosed fees, health plans, and plan investments, as well as funding issues and issues under Title IV.

Since joining O’Melveny, Tess has advised and defended clients on a variety of matters:

Assisted clients in responding to Department of Labor fiduciary investigations and inquiries.
Counseled financial institutions, plan sponsors, and other clients on fiduciary structure and processes, disclosures, and compliance with ERISA's prohibited transaction provisions.
Successfully defended major corporations, directors, and officers in class actions alleging fiduciary breaches in connection with employer stock funds offered by 401(k) plans, obtaining dismissal, nonmonetary settlement, and favorable summary judgment ruling in various matters.
Defended service provider in class action alleging ERISA fiduciary breaches and prohibited transactions in connection with administrative expenses and investment fees charged to plan.
Obtained dismissal of class action challenging health insurer’s assertion of subrogation and reimbursement rights against tort recoveries by ERISA plan participants and beneficiaries.
Succeeded in dismissing class actions challenging Medicare Advantage entities’ assertion of subrogation and reimbursement rights to tort recoveries by Medicare Advantage members.
Obtained, on appeal, affirmance of summary judgment decision in favor of major corporation in ERISA class action.