Family Law

• Guardianship
  Jim Boutillier, of counsel to the firm, offers decades of experience in estate planning, probate, trust and estate administration, guardianships and estate litigation. Since 1978, Jim has handled the drafting of hundreds of wills, represented individual and corporate executors and guardians, and assisted in the administration of trusts involving modest amounts to millions of dollars. He has served as Court-appointed counsel and/or a guardian ad litem for allegedly incapacitated persons in more than 100 cases, and has been a Court-appointed fiduciary for more than 50 estates. Jim has also tried contested cases involving estates and guardianships, and acted as guardian ad litem in a litigated matter valued at approximately $100 million. He continues to serve as Co-Chair of the Essex County Early Settlement Program for estate litigation, having been appointed as such since its inception in February 1996. Jim has been active in his communities, having served as a fireman and Captain in the Cedar Grove Volunteer Fire Department, a volunteer softball, baseball and soccer coach in the North Caldwell Recreation Department, and a neighborhood and town captain for the American Cancer Society.

Criminal Law

• Wrongful Death
  Gabriele v. Lyndhurst Residential Cmty., LLC, 2008 WL 588543 (N.J. App. Div. Mar. 5, 2008). Tompkins McGuire, representing a construction company, obtained a trial-level ruling that its commercial general liability insurer was obligated to defend and indemnify it in connection with the wrongful death of a subcontractor's employee. The decision was affirmed on appeal.
• Fraud
  We understand the needs of business clients. We have experience handling a substantial variety of commercial disputes before suit, at the trial and appellate levels, and in alternative dispute resolution fora. Our attorneys have handled controversies involving breach of contract, breach of fiduciary duties, consumer fraud, executive errors and omissions, intellectual property, real estate, shareholder/partnership disputes, trade secret misappropriation and other business torts. We are mindful of the cost of litigation, and its effect on our corporate clients, and work efficiently and aggressively in an attempt to promptly reach positive outcomes.
• Theft

Business and Corporate Law

• Trade Secrets
• Intellectual Property
  William Trousdale handles complex commercial litigation, and has served as New Jersey counsel in high-stakes patent and other intellectual property litigation. He is frequently retained by national law firms at local counsel, and has been actively involved in cases involving the financial services, pharmaceutical, medical device and communications industries.
• Unfair Competition
  Burberry Ltd. v. The Shoe Stop, Civil Action No.: 07-3715 (JHR) (D.N.J.). Trademark infringement, trademark dilution and unfair competition litigation.
• Antitrust

Employment Law

• Workers Compensation
  For over three decades, Tompkins, McGuire has defended both self-insured corporations and insurance carriers, directly and through third-party administrators, in Workers' Compensation proceedings. Using an aggressive approach and the experience that only a high-volume practice can offer, we competently and economically defend business owners against both the legitimate and the sometimes baseless claims brought by employees. Because we handle so many cases, we are assigned one day every third week in every regional court, thereby reducing in-court expenses — an important advantage to our business clients with an eye on the bottom line. When necessary, our attorneys also have the skills and experience to defend appeals to the Appellate Division of the New Jersey Superior Court.
• Wrongful Termination
  We defend companies, governmental entities and their personnel against claims of breach of contract, discrimination, wrongful discharge, sexual harassment, unfair labor practices, and whistleblower and retaliation actions. Insurance companies trust us to defend cases covered under EPLI policies at trial and on appeal. Our attorneys also assists our clients in avoiding litigation through compliance efforts in the development of internal policies, practices and procedures. We also help our clients negotiate employment contracts, severance agreements, and agreements not to compete, taking into account the myriad of laws and other requirements in this highly regulated field.
• Employment Discrimination
  Kelly Cozza focuses her practice on the litigation of insurance defense matters. She handles the defense of serious bodily injury or wrongful death claims as a result of premises liability, negligent security claims, and commercial automobile and trucking liability. These actions frequently involve contractual issues among the parties, including indemnification contracts and additional insured coverage. Kelly also defends against claims of professional malpractice, construction defect, and employment discrimination. She litigates in both state and federal court.
• Employment Contract
  We defend companies, governmental entities and their personnel against claims of breach of contract, discrimination, wrongful discharge, sexual harassment, unfair labor practices, and whistleblower and retaliation actions. Insurance companies trust us to defend cases covered under EPLI policies at trial and on appeal. Our attorneys also assists our clients in avoiding litigation through compliance efforts in the development of internal policies, practices and procedures. We also help our clients negotiate employment contracts, severance agreements, and agreements not to compete, taking into account the myriad of laws and other requirements in this highly regulated field. Read More
• Severance Agreement
• Sexual Harassment

Property Law

• Premises Liability
  Trial representation of homeowner defendant in a residential premises liability matter wherein plaintiff sustained extensive injuries requiring cervical fusion surgery. Plaintiff had obtained a $400,000 arbitration award. There was a retrial of a prior trial wherein Appellate Division had reversed trial court’s dismissal of case due to the lack of a liability expert.
• Construction Litigation
  Tompkins, McGuire's attorneys are keenly aware that construction defect litigation can be lengthy, frustrating and expensive. We understand that defense costs can often eclipse the liability exposure to a client in a large, multi-defendant case. These cases demand a practical approach. Our attorneys strive to find creative strategies to minimize the cost and impact construction litigation can have on clients, including appropriate staffing and regular client consultation. We are experienced in spreading exposure to other responsible parties through indemnification agreements and additional insured endorsements. If necessary, we will see these cases through to judgment, whether it be at arbitration or trial.
• Easement
• Landlord-Tenant Disputes
  Michael Miller is a partner in Tompkins, McGuire and practices in the areas of commercial litigation, commercial landlord-tenant relations construction defect litigation, insurance coverage, professional malpractice defense, personal injury defense and workers' compensation. Among Mike’s clients are owners of shopping malls. When not practicing law, Mike is active in the Patriots Path Council of the Boy Scouts of America.
• Property Damage
  Richard F. Connors, Jr. is a civil trial lawyer with extensive experience in representing individuals, businesses and public entities in connection with personal/bodily injury and property damage cases as well as defending both professional malpractice claims (e.g., legal, architectural and engineering) and employers in employment discrimination matters – in both federal and state courts. Over the years, while Rich’s areas of practice have consistently expanded into a number of different fields, one of his longstanding and primary focuses has been the defense of trucking and busing/transportation-related cases. Additionally, Rich has extensive experience in defending a variety of commercial/business entities in connection with premises liability cases. Rich has also served as lead counsel in complex construction defect litigations. Rich has tried to conclusion numerous cases venued throughout New Jersey. Rich has long been active in his local community, having served on the school district’s Board of Education as well as a founding member and director of the Chatham Athletic Foundation, a nonprofit group which spearheaded fundraising for, and upgrades to, local athletic fields and facilities.

Health Law

• Personal Injury
  Tompkins, McGuire attorneys have litigated thousands of personal injury disputes, both for injured claimants and for those accused of causing harm. We have a long record of aggressively litigating vehicle accidents (including those involving pedestrians), slip and fall incidents, construction site injuries, and recreational accidents. We are familiar with the critical and unique laws that are triggered when suing, or defending, a governmental entity. Personal injury claims often involve the threat of substantial financial loss, and can require the analysis of complex and arcane legal issues. From the onset of our involvement, we work towards achiving a successful, cost-effective resolution. If necessary, we are fully prepared to take a case to verdict.
• Auto Accidents

Trusts and Estates

• Estate Planning
  Howard G. Wachenfeld, a fellow of the American College of Trust & Estate Counsel, has over sixty years of experience helping hundreds of clients help fullfill their estate planning objectives. In forming and administering estates and trusts, Howard takes the time to learn about his clients' circumstances and desires for the disposition of their assets, and advises clients of their options, including alternatives that minimize potential tax burdens when possible and seek to avoid future disputes. When challenges do arise, we can assist aggrieved beneficiaries and executors evaluate their rights and responsibilities, and chart a path forward.
• Wills
  Representation of plaintiffs in a will contest regarding a multimillion-dollar estate. Extensive discovery was conducted, involving a period of over ten years, with thousands of pages of financial and medical records secured and analyzed. Multiple expert witnesses retained and deposed from accounting, medical and legal fields. Parties agreed to conduct a binding arbitration hearing before a retired Chief Justice of New Jersey Supreme Court. Extensive briefs were prepared and numerous motions were filed. An initial eleven-day arbitration hearing, wherein multiple witnesses testified, was held. After this hearing and extensive post-arbitration submissions were completed, the last will executed by the elderly decedent was found invalid due to undue influence. A second hearing was held with respect to another prior will, again with testimony from numerous witnesses. This will was also found invalid by the arbitrator. Finally, two other executed wills and inter vivos transfers totaling over $6 million were voided. These findings were confirmed by the presiding Chancery Judge after extensive motion practice and oral arguments. Our request for extensive attorney’s fees was granted and confirmed. Subsequent requests for ancillary relief, including additional attorney’s fees, issuance of a Writ of Attachment and imposition of a constructive trust, were also granted. Based upon the treble damages provision of applicable statute relating to destruction/waste of inheritance, judgment was entered in clients’ favor in the amount of $8.5 million. Initial appeal dismissed after oral argument as interlocutory.
• Trusts
  Howard has represented individual and corporate executors, trustees and guardians, and in one case persuaded a court to give permission to a guardian of a wealthy person to make gifts in excess of $2 million. He has also represented beneficiaries in matters involving estate and trust administration.
• Power of Attorney
  Tompkins, McGuire attorneys have substantial experience arbitrating and litigating will disputes, including allegations of undue influence, lack of capacity, conflict of interest, power of attorney abuse and professional malpractice. We have handled probate litigation in matters involving modest sums, all the way to multi-million-dollar estates. We are sensitive to the fact that probate disputes often involve emotionally-charged disagreements among family members, and provide aggressive advocacy with compassion for our clients' situations.
• Probate

Finance Law

• Tax Law
  Kimberly McDougal’s practice focuses on insurance defense litigation, from premises liability and personal injury to motor vehicle accidents. She has experience in legal malpractice, personal injury protection (PIP) subrogation, and commercial and residential real estate property tax appeals.