Thomas A. Muccifori

During his 35 years in practice, Thomas A. Muccifori has litigated business disputes of all types, ranging from complex matters for Fortune 500 companies to mid- and small-sized businesses and individuals, including a variety of labor and employment issues in both the public and private sectors. Utilizing his background in business and full knowledge of his client’s businesses and industries, Tom identifies and  evaluates potential risks, resolves thorny issues through pre-suit negotiations and, when necessary, strategically, aggressively and efficiently navigates his clients through all law, chancery  and complex business courts throughout New Jersey, as well as its Federal District Courts, the Third Circuit Court of Appeals and the United States Supreme Court.

In particular, Tom has gained nationwide experience in drafting, negotiating, counseling and litigating non-compete agreements of all types, on behalf of employers, employees and others. He has successfully litigated and defended a number of such cases in State and Federal Court on behalf of employees and employers seeking injunctive and monetary relief in a wide variety of contexts, including sales, technical employees, and key senior management. He is the founder and Chair of Archer’s Trade Secret Protection and Non-Compete Practice Group. Tom is also Chair of the firm’s Commercial Collections and Consumer Litigation Practice Group, which represents both creditors and debtors in all facets of commercial litigation.

Tom has spent his entire professional career with Archer, beginning with summer clerkships in 1984 and 1985, and as an associate attorney from 1986 until 1994, when he became a shareholder. Tom is licensed to practice in New Jersey and the United States District Court, District of New Jersey, United States Court of Appeals for the Third Circuit, and the United States Supreme Court.

Representative Experience*

  • Utilizing cutting-edge restrictive covenant and inevitable disclosure claims and theories to protect his clients’ interests, Tom has obtained temporary restraining orders, preliminary injunctions and other relief for:
    • A leading biotech company
    • A leading plastic supplier company
    • Numerous office supply companies
    • Many large and small Delaware Valley employers riddled with key employee defections to competitors.
  • Tom successfully litigated a contentious, complex dispute between a New Jersey distributor of graphic art and printing supply materials against an international printing company and its majority owner. Following a fourteen-day non-jury trial, Tom helped the distributor obtain and collect in full a $1,543,761.75 million judgment against the printing company and its owner for breach of contract, reformation and fraud. The $1,543,761.75 judgment entered by the Court was composed of $792,115.68 in compensatory damages, $662,775.00 in punitive damages and $88,871.01 in pre-judgment interest.
  • Labor and Special Counsel for the City of Brigantine (2003-2012)
  • Business Counsel for a number of companies in the plumbing, lumber, concrete, trailer, transportation and petroleum industries.

*Results may vary depending on your particular facts and legal circumstances

Professional and Community Involvement

  • Member, Equity Jurisprudence Committee, New Jersey State Bar Association
  • Litigation Counsel of America: Fellow (Present)
  • American Bar Association, Advisory Panel and Committee on Business & Corporate Litigation (2003-present)
  • Burlington County Bar Association, Chair, General Equity Committee (2005-2018)
  • Camden County Bar Association, Creditor Rights and Commercial Litigation committees (1986-present)
  • Moorestown Business Association
  • New Jersey Bar Association, Equity Jurisprudence Committee
  • Atlantic County Bar Association
  • Lawyers Encouraging Archer’s Diversity
  • New Jersey State Bar Association
  • Ocean County Bar Association
  • Society for Human Resource Management
  • Trial Attorneys of New Jersey (1986-present)
  • Burlington County Bar Foundation (2002-present)
  • Burlington County Chamber of Commerce
  • Moorestown Business Association
  • Moorestown Education Foundation
  • Rutgers President’s Council
  • Rutgers School of Law, Dean’s Leadership Council
  • SJ Magazine, Editorial Advisory Board (2015-present)
  • Established the Honorable Thomas J. Muccifori Scholarship Fund at Rutgers School of Law, Camden (September 2003)
  • Burlington County Bar Association, Chair, Continuing Legal Education Committee (2008-2009)
  • Burlington County Bar Association, Chair, General Equity Section (2003-2010)
  • Burlington County Bar Association, Trustee (2005-2008)
  • Camden County Bar Association, Chair, Commercial Litigation Committee (2002-2004)
  • Brigantine Historical Society, Board of Directors (2004-2006)
  • Steininger Behavioral Care Services, Golf Committee (2001-2003)
  • Moorestown Department of Recreation (2000-2014) Volunteer
  • Rutgers Law School, Lecturer, New Jersey Practice (1994-2004)
  • Moorestown Youth Baseball Federation, Manager, Coach and Volunteer (2000-2008)
  • Raman Condominium, Brigantine, New Jersey, Board of Directors and President (1999-2005)

Articles and Presentations

NEWS & EVENTS

New Jersey Law Journal Honors Thomas A. Muccifori with 2019 Professional Excellence Award for Mentorship

“Audacious” Federal Trade Commission Proposed Rule Banning Non-Compete Agreements is Now Subject to Public Comment

Ask Archer: A Fireside Chat; Latest Legal Changes For Every Employer That Uses Non-Compete Agreements