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E. Phileda Tennant
E. Phileda Tennant
Counsel — Labor & Employment
E: eptennant@velaw.com T: +1.713.758.2378
VCard BIO PDF
Counsel — Labor & Employment

E. Phileda Tennant

E. Phileda Tennant
Houston
T: +1.713.758.2378
F: +1.713.615.5087

Texas Tower
845 Texas Avenue
Suite 4700
Houston, Texas 77002

E: eptennant@velaw.com
VCard BIO PDF
E. Phileda Tennant

E. Phileda Tennant, a graduate of Harvard Law School, Texas native and fourth generation Houstonian, is a creative employment litigator and social advisor.

Phileda has extensive experience in non-compete, non-solicit and trade secret litigation and advises clients in drafting non-competition, non-solicitation and confidentiality agreements, as well as best practices with respect to onboarding employees from alleged competitors. She also assists clients in employment-related diligence with a particular emphasis on restrictive covenant agreements. Phileda is particularly sought after by businesses when they have a need to either defend against or prosecute an emergency temporary restraining order or injunctive relief. She has an extensive track record both obtaining injunctions against former senior executives of her clients and defending those clients against competitors seeking injunctive relief.

Phileda also has experience advising employers on the “S” – Social – in ESG. As a member of both V&E’s ESG Taskforce and Emergency Response Team, Phileda has experience advising clients regarding matters ranging from litigation to government investigations to SEC disclosures to internal policies and procedures related to human capital and social governance. Phileda has particular experience with OSHA citations and investigations, supply chain management, ESG codes and contracts, and diversity and inclusion diligence and policies.

She also has significant experience advising employers regarding sensitive issues related to diversity and inclusion, including whistleblower claims and claims of discrimination or harassment (including sexual harassment). She also often advises clients on the drafting of severance or separation agreements, as well as EEO complaint procedures and related employment policies.

Experience Highlights

  • Advising publicly and privately traded companies regarding supplier or vendor codes of conduct

  • Obtaining TROs enforcing non-competition, non-solicitation and non-disclosure agreements, as well as common law trade secret protections

  • Conducting numerous DEI or EEO investigations, inclusive of allegations of sexual harassment or sex-based discrimination, on behalf of public and private companies

  • Defending against Sarbanes-Oxley whistleblower claims in federal court and before federal agencies

  • Defense of industrial employer against citations and subpoenas brought by federal OSHA, Cal OSHA, Kentucky OSHA, and Nevada OSHA

  • Advising publicly and privately traded companies regarding supplier or vendor codes of conduct

  • Advising foreign portfolio investments on compliance with SEC disclosure requirements

  • Advising publicly traded companies regarding contractual ESG requirements

  • Advising energy-related private equity firm regarding sustainability report

  • Advising multiple energy companies on social elements of policies related to indigenous rights, supplier codes of conduct, DEI, whistleblowers

  • Advising multiple energy companies on disclosures of key social ESG information

  • Advising U.S. energy company on internal governance materials relating to Board diversity

  • Advising global energy company on community contribution policies

  • Advising international investment manager on ESG-related investment and portfolio company policy matters including supplier codes of conduct and ESG policies

  • Advising international carbon management company regarding aspects of ESG on website

  • Advising renewables company regarding ESG disclosures in connection with an initial public offering

  • Advising domestic exploration and production company regarding ESG report

  • Advise real estate investment trust regarding ESG policies related to ESG scoring from third-party rating agencies

  • Advising multiple clients, including U.S. energy company and international car dealership company regarding internal governance materials including code of business conduct and ethics

  • Advising international pipeline and terminals operator regarding employment matters

  • (Tex. Dist.) — Obtaining a temporary restraining order prohibiting director from competitive work for start-up oilfield services provider, using confidential information of former employer, or soliciting customers of former employer, leading to successful resolution of dispute

  • (Tex. Dist.) — Obtaining a temporary restraining order enforcing non-competition agreement, prohibiting senior executive from working in specialized sector for oilfield services competitor or using confidential information of former employer, leading to successful resolution of dispute

  • (Tex. Dist.) — Investigation of a complaint by a senior executive for a pipeline company against another senior executive, and obtaining temporary restraining order against former senior executive concerning trade secret misappropriation

  • (Tex. Dist.) — Obtaining a temporary restraining order that a former director and senior manager of medical diagnostics manufacturer should return trade secret and confidential information belonging to former employer and desist in using former employer’s confidential information in start-up venture, leading to successful resolution of dispute

  • (Arbitration) — Representing an international company in successful resolution of wage and hour claims

  • (W.D. Pa.) — Leading the successful defense of an international midstream logistics company against putative collective and class action wage and hour claims

  • Conducting numerous DEI or EEO investigations, inclusive of allegations of sexual harassment or sex-based discrimination, on behalf of public and private companies

  • (S.D. Tex.) (5th Circuit) — Obtaining the dismissal of a Sarbanes-Oxley whistleblower claim and Fifth Circuit affirmation of that dismissal on grounds that the whistleblower was not an employee

  • (ALJ / Dept. of Labor ) — Obtaining the dismissal of a Sarbanes-Oxley whistleblower claim before the Department of Labor

  • (S.D.N.Y.) — Defending individual from putative sexual harassment claims

  • Advising a publicly traded company regarding shareholder activism campaign related to allegations of sexual harassment

  • (W.D. Tex.) — Obtaining successful resolution of claims of national origin discrimination brought against international employer

  • (EEOC) — Successful negotiation of settlement with EEOC regarding claims of race discrimination on behalf of national employer, following evidentiary hearing before the EEOC

  • Advising employers on COVID-19 policies and procedures

  • Defense of industrial employer against citations and subpoenas brought by federal OSHA, Cal OSHA, Kentucky OSHA, and Nevada OSHA

  • Counselling employers regarding programmed and unprogrammed OSHA investigations

  • (D. Md.) — Obtaining successful resolution of claims of age and sex discrimination

  • (E.D. Va.) — Successful prosecution and resolution of claims of trade secret misappropriation against former employee

Credentials

  • Harvard Law School, J.D., 2014
  • Brown University, B.A. magna cum laude, Political Science, 2011 (Phi Beta Kappa)
  • The Best Lawyers in America© (BL Rankings, LLC), “Ones to Watch,” Litigation–Labor and Employment (Houston), 2022–2024
  • Board of Directors: Vecino Health Centers
  • Associate Editor: Houston Bar Association Magazine
  • Member: Houston Bar Association, Project TRAIN Committee (develops and distributes training materials for employers to assist them in hiring and retaining special needs individuals)
  • Volunteer: Houston Bar Association LegalLine and Houston Volunteer Lawyers
  • Texas
  • Fifth Circuit Court of Appeals
  • U.S. District Court for the Southern, Eastern, Western, and Northern Districts of Texas
  • “Affirmative Action: Does the Students for Fair Admissions, Inc. v. President & Fellows of Harvard College Decision Affect Employers?” The Houston Lawyer, “Behind the Lines” Podcast, October 2023 (speaker)
  • “What’s All the Fuss about ‘No Poach’ Agreements?” Association of Corporate Counsel Symposium, Dallas-Fort Worth, April 2021 (speaker)
  • “Are You SLAPP Happy Yet?” V&E Houston Office, October 30, 2018 (speaker)
  • “Three Challenges Evidentiary Issues in Employment Law,” 29th Annual Labor and Employment Law Institute, August 25, 2018 (speaker)
  • “Balancing Non-Compete and Antitrust Considerations in an Era of Increased Scrutiny,” V&E Houston Office, March 23, 2017 (speaker)
  • “Time to Revisit Employer Confidentiality and Release Agreements,” V&E Employment, Labor and OSHA Update E-communication, October 12, 2016 (co-author)

News & Insights

Insight
Fifth Circuit Upholds Nasdaq Board Diversity Rule

V&E ESG Update

Energy TransitionManaging the Modern Workplace
November 7, 2023
Insight
Vinson & Elkins' Quarterly Securities & ESG Updates - Fall 2023
Energy TransitionEnvironmentalManaging the Modern WorkplaceRegulatory Roundup
October 12, 2023
Deals & Cases
JPI to be Acquired by Sumitomo Forestry America, Inc.
October 2, 2023
Rankings & Awards
Vinson & Elkins Earns 308 Rankings in The Best Lawyers in America (BL Rankings, LLC) 2024, Including 6 “Lawyer of the Year” Recognitions
August 21, 2023