
E. Phileda Tennant

Texas Tower
845 Texas Avenue
Suite 4700
Houston, Texas 77002

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
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
- InsightOctober 10, 2022
V&E Cybersecurity Update
- Event RecapSeptember 20, 2022
- InsightAugust 30, 2022
- Rankings & AwardsAugust 18, 2022
- InsightJune 8, 2022
Published by Law360
- InsightApril 18, 2022
- InsightMarch 29, 2022
- InsightMarch 23, 2022
- InsightMarch 8, 2022
- InsightFebruary 23, 2022
- InsightJanuary 18, 2022
- InsightJanuary 14, 2022
- InsightDecember 8, 2021
- Event RecapNovember 18, 2021
- InsightNovember 5, 2021
- InsightNovember 4, 2021
V&E Government Contracts Update
- InsightNovember 1, 2021
V&E Government Contracts Update
- InsightOctober 29, 2021
V&E Government Contracts Update
- InsightOctober 29, 2021
- InsightSeptember 23, 2021
- InsightSeptember 21, 2021
- InsightSeptember 10, 2021
V&E Government Contracts Update
- InsightAugust 27, 2021
- InsightAugust 17, 2021
Republished by LatinVex
- InsightAugust 5, 2021
- InsightJuly 13, 2021
- InsightMay 12, 2021
- InsightApril 9, 2021
- InsightApril 8, 2021
- InsightMarch 23, 2021
- InsightMarch 17, 2021
- InsightMarch 10, 2021
V&E Government Contracts Update
- InsightMarch 3, 2021
- InsightJanuary 20, 2021
- “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
V&E Cybersecurity Update