One of the least understood aspects of litigation practice, by the non-attorney, is the process called “pre-trial” discovery. Interrogatories, Notices to Produce, Demands for Admissions and Depositions are a litigants means of obtaining proof in a case and providing the grounds for attempting to impeach an opposing party and/or witness at trial. Discovery can be […]
When a shareholder of a large, publicly-held corporation dies, there is generally no impact on the operation of the company since his/her shares normally pass to heirs. Although the heirs are now shareholders of the company, under normal circumstances, they have no ability to control the company’s destiny. By contrast, the death or withdrawal of […]
You have probably read that there are plans to help minimize taxes, avoid probate and add convenience to your estate. How the asset is owned or “titled” affects these plans and can yield unexpected results. An asset can be owned by a person:a.) individually b.) as joint owners without a right of survivorship; and c.) […]
The growing proliferation of new technologies in the workplace, such as voice messaging, fax and electronic mail, have created an entirely new area of concern for both employees and employers: the balance between an employer’s ownership rights v. employee’s privacy rights. This issue comes up most often in the context of electronic mail or “E-Mail”.E-mail […]
Failing to properly plan your estate can put your family in turmoil for years after your death. Tax avoidance and saving money is a major part of estate planning – when done properly, planning can minimize or eliminate federal estate taxes on most estates. To take advantage of these opportunities, you must be thoughtful and […]
In recent years, “whistleblower” statutes have grown in national prominence. New Jersey’s whistleblower statute, called the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 et seq., is a comprehensive statutory enactment. It applies to both private and public employment situations. The statute makes it unlawful for employers to take adverse employment action, including termination, against employees […]
As, you probably know, life insurance proceeds are not taxable for income tax purposes. However, these proceeds are taxable for Federal Estate Tax Purposes. Unfortunately, this causes many families to suffer unexpected financial burdens after the death of a loved one because Federal Estate Taxes are approximately 50% on all assets over $600,000.00. For example, […]
Many employers are requiring their employees to sign Agreements Not to Compete, or “Restrictive Covenants.” In the past, an employer had little recourse when a high-level, trusted employee “jumped ship” to a competitor, taking with him or her valuable information and/or customers. At one time, restrictive covenants were flatly outlawed. Today, restrictive covenants are a […]