
Tara Porterfield


Tara focuses her practice on employment litigation and counseling. Board certified in Labor and Employment Law by the Texas Board of Legal Specialization, she represents employers in disputes involving wage and hour violations under the Fair Labor Standards Act (FLSA), ERISA violations, employment contracts, discrimination, and other statutory and common law claims in state and federal trial and appellate courts in multiple jurisdictions.
Tara also has expertise in drafting and enforcing dispute resolution programs, including arbitration agreements.
Additionally, Tara regularly advises corporate clients on issues involving the employment relationship, such as hiring, wage and hour concerns, leave, allegations of misconduct or discrimination, and termination. She drafts a full range of employment documents, including handbooks and policies, employment and severance agreements, and non-competition agreements.
Experience Highlights
(S.D. Tex.; 5th Cir.); (DOL ALJ & ARB) — Obtained dismissal, and affirmance of dismissal, in pair of Sarbanes Oxley whistleblower cases brought by clients’ independent contractor
(S.D. Tex.; E.D. Tex.; AAA) — Represented an energy industry client in multiple lawsuits and arbitrations, including putative collective actions and multiple plaintiff cases, alleging violations of FLSA overtime provisions (lead counsel)
(AAA) — Arbitrated executive’s breach of contract claim, resulting in take nothing judgment in client’s favor (lead counsel)
(D.N.M.) — Assisted in strategy and briefing to enforce arbitration agreement between clients’ contractor and its employee in wage and hour matter, leading to favorable settlement
Advise gig economy client in strategy for litigation and administrative claims brought by independent contractors
Long-time pro bono employment counsel to arts organization in Austin
(W.D. Tex.; S.D. Tex.) — Oversaw litigation of FLSA retaliation claim, including venue transfer and successful summary judgment motion
(D.N.M.) — Assisted in strategy and briefing to enforce arbitration agreement between clients’ contractor and its employee in wage and hour matter, leading to favorable settlement
(Tex. Dist. – Harris Cnty. ) — Drafted partial summary judgment motion on tortious interference with restrictive covenant and conspiracy claims in competitor’s employee theft of trade secrets case, contributing to favorable resolution
(D.V.I.) — Representation of an employer in a lawsuit involving its bonus program for exempt-level employees, where more than 50 current and former employees brought claims of breach of contract, breach of the implied duty of good faith and fair dealing, and infliction of emotional distress
(N.D. Ga.) — Representation of an employer against claims of withdrawal liability under ERISA’s Multiemployer Pension Plan Amendments Act
Representation of an employer in litigation involving multiple, willful OSHA citations alleging violations of Process Safety Management Standard; primarily responsible for complex briefing, including summary judgment motion, post-trial briefs, and appellate briefs
Represented a client in an arbitration involving allegations of pregnancy discrimination, resulting in a take-nothing award in client’s favor (lead counsel)
(S.D. Tex.); (5th Circuit) — Representation of an employer and its pension plan administrative committee in bringing ERISA claims against multiple participants and beneficiaries involving improperly distributed benefits, and defending counterclaims asserting interference with protected benefits in violation of ERISA Section 510 and age discrimination
Represented a client in an arbitration of FLSA claims brought by multiple former employees seeking overtime pay for “on-call” time, resulting in award in favor of client on all claims (co-lead counsel)
Represented a client in an arbitration of a Title VII race discrimination claim resulting in award in client’s favor (lead counsel)
Represented a client in an arbitration of workers’ compensation retaliation, disability, and age claims, resulting in award in favor of client on all claims (lead counsel)
(Tex. Dist.); (E.D. Tex.) — Representation of a large national insurance company in several suits by terminated agents, alleging discrimination and violation of the insurance code
(Tex. Dist. − Harris Cnty. and Travis Cnty.) — Obtained summary judgments in two test cases (12 similar cases) where plaintiffs challenged insurance company’s agent rating system with multiple claims under the Texas antitrust, consumer protection, and insurance statutes
Represented client in an ERISA action arising from the denial of benefits. Obtained a summary judgment in favor of the client in arbitration, upholding the plan administrator’s decision (lead counsel)
(3d Cir.) — Wrote appellate briefs obtaining reversal of an order holding an arbitration agreement unenforceable as to personal injury claims against a third-party beneficiary
Credentials
- The University of Texas School of Law, J.D. with honors, (Order of the Coif; Chancellors; Articles Editor, Texas Law Review)
- Wesleyan University, B.A.
- Judicial clerk to The Honorable Stephen S. Trott, U.S. Court of Appeals for the Ninth Circuit
- The Best Lawyers in America© (BL Rankings, LLC), Litigation–Labor and Employment (Austin), 2023 and 2024
- Texas
- United States Supreme Court
- U.S. Courts of Appeal for the Third, Fifth, Ninth, and Federal Circuits
- U.S. District Courts for the Southern, Eastern, and Western Districts of Texas
- Rankings & AwardsAugust 21, 2023
- Rankings & AwardsAugust 18, 2022
- InsightFebruary 23, 2022
- Deals & CasesSeptember 20, 2021
- “Due Diligence after Sun Capital,” V&E Employment, Labor and OSHA Update E-communication, March 19, 2014 (co-author)
- “A New Day for Texas Non-Competes: Texas Supreme Court Decision Fundamentally Changes Texas Non-Compete Principles,” V&E Labor and Employment Updates E-communication, June 28, 2011