Articles, Publications from New Jersey Litigation, Criminal, Employment, Estate and Tax Lawyers

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

The Family Law/DYFS Overlap
As a family lawyer, you need to know the DYFS regulations because the overlap between the practices exists

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

Estate Planning Before and After the Divorce:  When the Honeymoon is Over
A seminar presented to the Association of Divorce Financial Planners but information which is useful for anyone contemplating a divorce.

Estate Tax Changes – A Planning Opportunity 
On December 17, 2010, President Obama signed the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010.

Maybe a Discretionary Trust Isn’t So Discretionary After All
New Jersey Law Journal, December 20, 2010.  Gary R. Botwinick, Esq. and Christopher J. Roman, Esq. discuss the impact of the recent New Jersey Appellate Division’s decision in Tannen v. Tannen decision on drafting trusts when the Grantor is concerned about the health of a beneficiary’s marriage.

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 how non-marital relationships can affect your estate planning efforts.

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

Do the Super Rich Have Different Divorces Than the Rest of Us?
Attorney Bonnie C. Frost explores if the very wealthy are different than the rest of the population when it comes to divorce.

Estate Planning Before and After the Divorce:  When the Honeymoon is Over
A seminar presented to the Association of Divorce Financial Planners but information which is useful for anyone contemplating a divorce.

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 ?
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

Real Estate Tax Appeals – A Strategy for Cost Reduction
Attorney Jason Rittie explains property tax appeals and where you can start.

Tax Law

Tax_Issues_For_Artists.pdf

On February 29, 2012, Gary R. Botwinick was a presenter at a seminar for fine artists.  As a service to our artistic friends, you can download this outline for your use.

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

Business

Buying a Business? Conduct Due Diligence
If you are buying a business, attorney Jason Rittie explains why you should conduct due diligence.

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.

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