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E. Phileda Tennant
E. Phileda Tennant
Senior Associate — Labor & Employment
Senior Associate — Labor & Employment

E. Phileda Tennant

E. Phileda Tennant
Houston

Texas Tower
845 Texas Avenue
Suite 4700
Houston, Texas 77002

E. Phileda Tennant

Experience Highlights

  • Reviewing and advising publicly traded companies regarding Supplier or Vendor Codes of Conduct and contractual ESG requirements

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

  • Conducting numerous D&I 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

  • Reviewing and advising publicly traded companies regarding Supplier or Vendor Codes of Conduct and contractual ESG requirements

  • Advising natural gas utility company in the review of board policies, corporate governance documentation, and ESG rating agency interactions

  • Advising FPIs on compliance with SEC disclosure requirements

  • (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 D&I 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 and 2023
  • 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
  • “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)