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
- Another One Bites the Dust – Minnesota Becomes Fourth State to Ban All Future Employment Non-Compete Agreements, Archer & Greiner, P.C., Client Advisory, May 2023
- Pennsylvania is Considering Banning All Non-Competes for all Healthcare Practitioners, Archer & Greiner, P.C., Client Advisory, March 21, 2023
- The Proposed Workforce Mobility Act is Back, This Time with Gusto, Archer & Greiner, P.C., Client Advisory, February 6, 2023
- “Audacious” Federal Trade Commission Proposed Rule Banning Non-Compete Agreements is Now Subject to Public Comment, Archer & Greiner, P.C., Client Advisory, January 5, 2023
- Déjà Vu All Over Again, Archer & Greiner, P.C., Client Advisory, November 29, 2022
- You Can’t Unring A Bell, Archer & Greiner, P.C., Client Advisory, May 12, 2022
- The Tumultuous Year in Noncompete Agreements and What to Expect in the Year to Come, Archer & Greiner, P.C., Client Advisory, January 3, 2022
- More Than One Way to Skin a Disloyal Cat: Common Law Duty of Loyalty Claim Saves the Day, Archer & Greiner, P.C., Client Advisory, November 2021
- Common Law Duty of Loyalty Claim Saves the Day, Archer & Greiner, P.C., Client Advisory, November 18, 2021
- The Houston Astros Stole Bases and Signs – But Did They Also Steal Trade Secrets?, IPWatchdog, August 12, 2021
- The Houston Astros Stole Signs, But Did They Also Steal Trade Secrets?, Archer & Greiner, P.C., Client Advisory, July 2, 2021
- Pennsylvania Supreme Court Invalidates “No-Hire” Agreement between Businesses as a Violation of Public Policy, Archer & Greiner, P.C., Client Advisory, May 18, 2021
- When You Hire Someone with a Non-Compete, You Roll the Dice and the House (Often) Wins, Archer & Greiner, P.C., Client Advisory, May 10, 2021
- “Lawyers Anticipating the New Normal Call Post-Boundary Life ‘a Gift and a Curse“, New Jersey Law Journal, May 11, 2021
- Bad Contracting Can Leave a Bad Taste in Your Mouth, Archer & Greiner, P.C., Client Advisory, August 2020
- New Jersey Law Journal Honors Thomas A. Muccifori with 2019 Professional Excellence Award for Mentorship
- Co-Moderated “Chancery & Injury Practice in NJ State & Federal Court” Seminar March 21, 2018
- Named Co-Chair of Burlington County Bar Association’s General Equity Section, Bench and Bar Committee July 12, 2016
- Spoke with SHRM – Revise Nondisclosure Agreements to Comply with New Law, May 16, 2016
- Spoke at NJSBA Seminar “What to Do When You Get That Call: Legal Answers in Emergency Situations” March 20, 2016
- Named to SJ Magazine Editorial Advisory Board, November 12, 2015
- Nominated to Lead Burlington Bar Association Section, June 23, 2015
- Quoted in Law360 Article September 12, 2014
- Is Noncompete Legislation a Bridge too Far? HR Executive Magazine, January 2020
- Consider Yourself Warned: Pennsylvania Supreme Court Set to Consider Long-Standing Consideration Requirement for Pennsylvania Noncompetes, Archer & Greiner, P.C., Client Advisory, January 15, 2020
- Employers Beware: The Workforce Mobility Act of 2019, Archer & Greiner, P.C., Client Advisory, November 14, 2019
- “Mentors Guide Attorneys Through ‘Precarious Intersection,’ Archer’s Muccifori Says“, New Jersey Law Journal, June 10, 2019.
- The Potential Pitfalls to Hiring Candidates with Noncompete Agreements, Human Resource Executive, May 2019
- Navigating the Intersection of the Social Media Highway and Restrictive Covenants, New Jersey Lawyer, NJSBA, April 2019
- Eureka!: How to Strike Gold in California While Avoiding Its Anti-Non-Compete Agreement Policy, Archer, P.C. Client Advisory, November 3, 2018
- Caution: Your Over Broad Non-Compete Agreement, Archer, P.C. Client Advisory, September 27, 2018
- The Assault Continues: Recent Developments Would Severely Curtail Employers’ Rights To Enforce Non-Compete Agreements, Archer, P.C. Client Advisory, May 11, 2018
- Proposed State Senate Bill Would Substantially Change Restrictive Covenant Law in New Jersey, Archer, P.C. Client Advisory, November 10, 2017
- Social Media Mayhem Continues- Invitations to Connect on LinkedIn Held Not Violative of Non-Solicitation Agreement, Archer, P.C. Client Advisory, September 26, 2017
- The Defend Trade Secrets Act—One Year Later, Published May 11, 2017 in the The Legal Intelligencer.
- Jane Recipe Yields 1st STSA Verdict, Archer, P.C. Client Advisory, March 29, 2017
- Caught with their Hands in the Fig Jar–Pirating Companies Pay Big for a Secret Recipe in the First Jury Verdict Under the DTSA, Archer, P.C. Client Advisory. March 2017
- Noncompete agreements a tricky target for Obama administration, May 2016, Business Insurance
- New Federal Defend Trade Secrets Act Prompts Businesses To Revise Their Contracts, Archer, P.C. Client Advisory. May 2016
- Revise Nondisclosure Agreements to Comply with New Law, Society for Human Resource Management, May 2016
- “Congress Finally Moving to Protect Trade Secrets Bill Moves to President Obama’s Desk” Archer, P.C. Client Advisory. April 2015. By: Thomas A. Muccifori
- “Corner Office: Thomas A. Muccifori, Esq.” South Jersey Biz, Volume 5, Issue 10 (October, 2015).
- “Protecting Your Company (and You) From Future Litigation Angst” New Jersey Business Magazine, September 2015
- “Will a Non-Compete Ruin My Life?” CMS Wire, July 6, 2015
- “The 5 Weapons No Litigator Should Be Without“, Law360, February 20, 2015.
- “Federal Trade Secrets Legislation Gains Momentum With House Committee’s Approval of Bill” Archer, P.C. Client Advisory. October 2014. By: Thomas Muccifori
- 7 Tips for Writing a Kick- Ass Brief, Law360.com, September 22, 2014
- “Guarding the Harvest: Take a Fresh Look at Protections for Proprietary Information and Intellectual Property“, Greater Philadelphia Chamber of Commerce, September 2014. By: Thomas A. Muccifori
- “6 Things To Leave Out Of That Brief“, Law360, September 11, 2014.
- “Exploring the Nooks and Crannies of the Inevitable Disclosure Doctrine“, New Jersey Lawyer Magazine, New Jersey State Bar Association, April 2014. By Thomas Muccifori, Esq. and Benjamin Morgan, Esq.
- Archer, P.C. Client Advisory, “N.J. Gov. Christie Signs Legislation to Protect Trade Secrets”, January, 2012, By: Thomas A. Muccifori and Julie A. Robinson
- “Ask The Lawyer“, Posted in the December 14, 2011 issue of the Moorestown Patch, By: Thomas A. Muccifori, Esq.
- “New Jersey May Finally Enact Legislation Protecting Trade Secrets” Published in the December 2011 edition of Mercer Business. By: Thomas Muccifori and Benjamin Morgan.
- Archer, P.C. Client Advisory, “New Jersey Poised to Finally Enact Legislation to Protect Trade Secrets”, December, 2011, By: Thomas A. Muccifori and Julie A. Robinson
- “The Nooks and Crannies of ’Inevitable Disclosure’” Published in the New Jersey Law Journal (Reprinted with permission from the December 6, 2010 edition of the New Jersey Law Journal. Copyright 2010 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited.) By: Thomas A. Muccifori, Esq.
- “Much Ado About Nothing: Despite predictions, Court declines to overrule Karlin,” Published in the New Jersey Law Journal (Reprinted with permission from the April 18, 2005 New Jersey Law Journal. Copyright 2005 ALM Properties, Inc.). By: Thomas A. Muccifori, Esquire.
- “How to Obtain Free Credit Reports,” Published on SouthJersey.com. (Copyright 2005 SouthJersey.com). By: Thomas A. Muccifori, Esquire
- “Odd Man Out: New Jersey is Surrounded by States that have seen the Benefits of Business Courts,”Published in the New Jersey Law Journal (Reprinted with permission from the August 2, 2004 New Jersey Law Journal. Copyright 2004 ALM Properties, Inc.). By: Thomas A. Muccifori, Esquire
- “An Employer’s Ability to Obtain an Employee’s Credit Report,” Published in the July 2004 Executive Council Section of South Jersey Business Magazine. By: Thomas A. Muccifori, Esquire
- “No Maw Uncertainty: New Jersey Supreme Court Rejects CEPA Claim for Terminated Employee Who Refused to Sign Restrictive Covenant,” Published in the New Jersey Law Journal (Reprinted with permission from the June 7, 2004 New Jersey Law Journal. Copyright 2004 ALM Properties, Inc.). By: Thomas A. Muccifori, Esquire
- “Doctors’ Restrictive Covenants: Weighing the Harm Factor,” Published in the New Jersey Law Journal (Reprinted with permission from the February 9, 2004 New Jersey Law Journal. Copyright 2004 ALM Properties, Inc.). By: Thomas A. Muccifori, Esquire
- Maw Uncertainty: Ruling On Noncompete Pacts Introduces More Confusion Into An Area That Has Had Its Fill,” Published in the New Jersey Law Journal (Reprinted with permission from the May 12, 2003 New Jersey Law Journal. Copyright 2003 ALM Properties, Inc.). By: Thomas A. Muccifori, Esquire and Robert T. Egan, Esquire
- “Don’t Drop the Ball a Third Time in Trying to Create a Business Court,” Published in the New Jersey Law Journal (Reprinted with permission from the November 4, 2002 New Jersey Law Journal. Copyright 2002 NLP IP Company). By: Thomas A. Muccifori, Esquire
- “New Jersey Labor and Employment Law,” Contributing Author as published in the 1998 ICLE publication. By: Thomas A. Muccifori, Esquire
- Moderator, Chancery & Injunction Practice in NJ State & Federal Court, Burlington County Bar Association, May 15, 2018
- Speaker, Small Business Focus: Archer Law’s Trade Secret Protection and Non-Compete Practice Group, Moorestown Business Association, December 20, 2017
- Speaker, What to Do When You Get that Bill, Emergent Litigation Topics NJSBA, April 17, 2016
- Speaker, Hot Topics in Chancery Practice, Burlington County Bar Association, February 10, 2016
- Speaker, Demystifying Chancery Practice, Burlington County Bar Association, January 28, 2015
- Speaker & Moderator, Burlington County Chamber of Commerce Lunch & Learn Programs (September 2012 on Collections) (March 2012 on Non-Compete)
- Speaker, Demystifying Chancery Practice, Burlington County Bar Association, January 31, 2013
- Speaker, Demystifying Chancery Practice, Burlington County Bar Association, January, 2012
- Moderator, Demystifying Chancery Practice, Burlington County Bar Association, January, 2011
- Moderator, Demystifying Chancery Practice, Burlington County Bar Association, January, 2010
- Moderator, Demystifying Chancery Practice, Burlington County Bar Association, January, 2009
- Moderator, Demystifying Chancery Practice, Burlington County Bar Association, January, 2008
- Moderator, The Do’s and Dont’s of Drafting and Litigating Non-Compete Agreements in Chancery Court, January, 2007
- Speaker, Burlington County Bar Association Commercial Pilot Program Seminar, October, 2004
- Participant, Rutgers Law School Attorney Panel Series, March, 2003
- Guest, Small and Family Business Law, WPSJ Television Show “Legal Line” January, 2002
- Guest, Legal Issues Surrounding Non-Compete, Non-Disclosure, and Non-Solicitation Clauses in Employment Contracts, WPSJ Television Show “Legal Line” June, 2002
- Speaker, Small and Family Business Seminar, The Hammonton Chamber of Commerce, May, 2001
- Guest, Collections and Insolvency, WPSJ Television Show “Legal Line” December, 2001
- Speaker, Trade Secret and Restrictive Covenant Litigation in New Jersey, NJ ICLE March, 1995
In the News
- “States Add to ‘Fire Hose’ of Noncompete Issues Vexing Employers” Bloomberg (6/13/23)
- “Lawyers Anticipating the New Normal Call Post-Boundary Life ‘a Gift and a Curse,” NJ Law Journal (5/11/21)
- “Is noncompete legislation a bridge too far?” Human Resource Executive Magazine (1/21/20)
- “Mentors Guide Attorneys Through ‘Precarious Intersection,’ Archer’s Muccifori Says,” NJ Law Journal (6/12/19)