Articles

Litigation

You've Been Sued--Now What?
Named in a lawsuit? This brief overview of the stages of litigation in New Jersey will unlock the mystery of what happens after you have been sued.

Criminal Law

Child Sex Abuse Case -
The most critical issue in any child sexual abuse case centers around the disclosure and facts....
Court Holds Alcotest Breath Testing Device is Reliable
Court decision holds that Alcotest breath testing device is reliable and may be used in convicting defendants charged with drunk driving.
The Do's and Don'ts of a DWI Case
Every DWI/DUI defendant is entitled to the full range of constitutional rights afforded to a criminal defendant except the right to a jury trial.
Beware of the DYFS Case
DYFS must investigate all claims of child abuse and neglect; here's what happens when DYFS becomes involved with you and your children.

Employment Law

When Is An Accident Work-Related?
Have you been injured in the workplace? On occasion there is a dispute about whether an accident is compensable.
The Rights of the Injured Employee and the Employer
If an accident occurs on the job, employees have rights and employers and insurance companies have certain responsibilities under NJ law.
Termination From Employment: Unfair or Unlawful?
Terminated from employment? It may or may not have been unlawful.
Hiring Practices, Do They Have A Case?
Hiring decisions...what employes can't ask or do when hiring.
NJ Family Leave Act: What You Don't Know Could Cost You!
Learn what the NJ Paid Family Leave Act provides for you and your family.
Protect Yourself! Employee Lawsuits Do Happen
Employees must protect themselves from discrimination; employers should consider some key areas of exposure to avoid a lawsuit.

Estate Planning

Top 5 Estate Planning Mistakes
Estate Planning attorney, Gary Botwinick, presents critical information about the federal and state estate tax, wills, gift tax and more.
Battle of the Mall Heirs
Gary Botwinick's blog post about a critical element of the law regarding executing a valid will--"testamentary capacity."
Kay vs Kay Estate-Estate of Divorcing Spouse has Equitable Claim
Attorney Gary Botwinick illustrates what can happen when the laws governing equitable distribution and divorce conflict with probate statutes.
The NJ Inheritance Tax-the Lesser Known NJ Death Tax
In New Jersey, there is a distinction between the "estate tax" and the "inheritance tax" and each presents its own unique planning challenge.
Please Hold Your Applause
Gary Botwinick's blog post about the current status of the Federal Estate Tax and what it means to you.
ROTH IRA Conversion
One of the greatest opportunities--the uncapped ROTH IRA conversion.
Estate Planning for Same-Sex Couples
Gary Botwinick's article published in the NJ Law Journal regarding the challenges facing same sex couples in estate planning.
Estate Planning: Palimony Claims Are Not Reserved For the Living
Gary Botwinick's article published in the NJ Law Journal regarding how non-marital relationships can affect your estate planning efforts.
Thoughts on Estate Planning When the Honeymoon is Over and After the Divorce
There are issues you may want to address prior to filing for divorce...attorneys Pat Barbarito and Gary Botwinick explain.
The Lesson of the Schiavo Case - Prepare a Living Will
"Failing to prepare is preparing to fail" is a lesson learned from Bill Walton and can be applied to estate planning re: the living will.
Unintended Consequences of ILITs and QPRTs When Clients Divorce
What happens to certain trusts and estate planning tools if you and your spouse divorce?
Estate Planning When Mental Capacity is in Question
Can an individual with dementia execute a legally enforceable and valid will? Attorney Gary Botwinick addresses this question citing New Jersey case law.

Family Law

Sole Custody, Does it Still Exist?
It's rare to find a New Jersey court awarding sole legal custody to a custodial parent. Why?......
The Killer. When Stephen Haller raises and lowers his voice, people listen
NJ Superlawyers Magazine profiles former NJ Governor McGreevey's divorce lawyer, Stephen Haller.
Parental Alienation: The Quandary Lawyers and Judges Face
Attorney Liz Vinhal discusses what happens when parents use their children as ammunition in custody battles.
Grandparent Visitation Under New Jersey Law: A Heavy Burden
Attorney Ellen Seigerman explains what happens when a biological parent decides to terminate the child's relationship with their grandparents.
Standard of Living-What Does it Really Mean? by Patricia M. Barbarito, Esq.
Attorney Pat Barbarito explains the factors considered by the court in determining alimony.
Guidance for Divorced Lawyers with Waning Practices: Learn to Live Poor
In this article reprinted from the NJ Law Journal, attorney Liz Vinhal comments on the Donnelly vs Donnelly divorce case.
Child Support a Legal Obligation and a Moral Dilemma
After a divorce, the legal issue of when a parent's obligation for child support ends is complex and depends on the specific circumstances of the case.
Marital Momentum: Taking the Good with the Bad
A spouse's financial status could be negatively affected by a divorce decree as this article by attorney Jennifer Fortunato, reprinted from the NJ Law Journal, illustrates.

Real Estate

How To Buy A Home
Real estate attorney, Jason Rittie, enumerates the legal steps in purchasing a home.

Tax Law

Tax Implications of NJ Civil Unions
Attorney Gary Botwinick discusses some of the most important tax implications of NJ Civil Unions in comparison to marriages.

Business

Tenants' Survival Guide In A Depressed Market
If you are a tenant feeling the strain on cash flow--attorney Jason Rittie explains: you have options.
American Recovery and Reinvestment Act of 2009
Provisions of the 2009 American Recovery and Reinvestment Act has provisions that impact small business.
Recession Woes: Breached Contracts And Soaring Accounts Receivables
There are legal ramifications in collecting on client debt--be aware of the consumer protection laws on state and federal levels.

Einhorn, Harris, Ascher, Barbarito & Frost, P.C., in Denville, New Jersey, represents clients facing criminal defense, family law, personal injury and other legal issues throughout North Jersey, including communities such as Morristown, Parsippany, Newark, West Orange and Livingston. Our office is conveniently located near I-80 and I-287.

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