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Emily Frost

The Number One Thing You Can Do to Make Life (and the Practice of Law) Better

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Oh, the difficulties of being a lawyer! A parent! A human being! An airline passenger! If it’s not your spouse driving you crazy, it’s your kids, your job, the Democrats (or Republicans), or your awful opposing counsel. Someone does something they shouldn’t, and you feel your skin flush, your heart … [Read more...] about The Number One Thing You Can Do to Make Life (and the Practice of Law) Better

Plaintiff-Friendly Statute Allows Private Whistleblower Claims by Nursing Home Workers

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In Texas, if you work for a private employer, it is often perfectly legal for the employer to fire you for reporting illegal activity. However, there are some notable exceptions to this general rule. One is section 260A.014 of the Texas Health and Safety Code. This 2011 statute prohibits … [Read more...] about Plaintiff-Friendly Statute Allows Private Whistleblower Claims by Nursing Home Workers

Employers: No Noncompete? Buy “Loyalty” Instead

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In April, I wrote about the enforceability of forfeiture clauses in an article published in Texas Lawyer and reprinted with permission here. A forfeiture clause requires an employee to forfeit his right to compensation if he engages in activity detrimental to the company, such as working for a … [Read more...] about Employers: No Noncompete? Buy “Loyalty” Instead

Forfeiture Clauses: When Are These “Bad Boys” Enforceable?

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Executive employment contracts and severance agreements often include a forfeiture clause. These so-called "bad boy" clauses require the employee to forfeit his right to compensation if he engages in activity deemed detrimental to the company, such as working for a competitor. A case pending before … [Read more...] about Forfeiture Clauses: When Are These “Bad Boys” Enforceable?

Not Knowing Is Okay

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I like to write about my toddler, who is not actually a toddler anymore but a strapping young lad of four. When he started school, he came home crying, utterly devastated, because he did not know how to sit “criss-cross apple sauce.” All of the other kids knew, but he didn’t. When I tried to show … [Read more...] about Not Knowing Is Okay

John Graves and Old Man Willett: Learning from Hardship

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Legendary Texas writer John Graves died recently. I’m reading his book Goodbye to a River: a Narrative (Vintage Departures). In it, he describes his last trip down the Upper Middle Brazos River, a place that had “meaning for [him] during a good part of [his] life in the way that pieces of rivers can … [Read more...] about John Graves and Old Man Willett: Learning from Hardship

Texas Trial Lawyer Trivia: When to Demand a Shuffle of the Jury Panel?

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Voir dire is my favorite part of a trial. It’s the beginning, which is always the most exciting part of any adventure. And it’s where you, as a trial lawyer, begin to get to know the jury panel, and they begin to get to know you and your client. Call it the courtship phase of the relationship. Both … [Read more...] about Texas Trial Lawyer Trivia: When to Demand a Shuffle of the Jury Panel?

Negotiation Techniques to Use in Settling Cases and Everyday Life: Giving the “Yes”

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I was thrilled to have the opportunity to speak at the State Bar of Texas’s Advanced Administrative Law Course last week. The topic was Negotiation Techniques to Use in Settling Cases and Everyday Life. A technique that I did not discuss at the course but one that I frequently use is what I call … [Read more...] about Negotiation Techniques to Use in Settling Cases and Everyday Life: Giving the “Yes”

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