Thomas Daniel McCloskey, Esq.

Contact:

  • E: thomas.mccloskey@fisherbroyles.com
  • T: (908) 612-5835
  • F: (908) 292-1145
  • Princeton Office

vCard

Practice Areas:

  • Appeals & Appellate Advocacy
  • Building & Construction
  • Commercial Transactions
  • Compliance Counseling
  • Condemnation/Eminent Domain
  • Entertainment & Sports
  • Environmental Health & Safety
  • Financial Services & Lending
  • General Corporate
  • Government
  • Insurance
  • Land Use, Zoning & Planning
  • Litigation – Civil Pretrial and Trial Services
  • Litigation & Risk Management
  • Mediation
  • Political Law & Litigation
  • Privacy & Data Security
  • Real Estate
  • Regulatory Law & Government Contracts

Bar Admissions:

  • New Jersey
  • U.S. Court of Appeals, 3rd Circuit
  • U.S. District Court
    • District Of New Jersey

Education:

  • Seton Hall University School of Law, J.D., 1983
  • Seton Hall University, B.A., Political Science, 1980

Large Law Firm Experience:

  • Fox Rothschild, LLP
  • Greenbaum, Rowe, Smith & Davis, LLP

Tom has been in the active private practice of law for 33 years.

He was admitted to the Bar of the State of New Jersey and to the United States District Court for the District of New Jersey on December 15, 1983, and to the United States Court of Appeals for The Third Circuit on July 3, 1995. He obtained his undergraduate degree from Seton Hall University in South Orange, New Jersey in 1980 with a major in Political Science, and minors in Accounting and Legal History. He obtained his Juris Doctorate degree from Seton Hall University School of Law in Newark, New Jersey in 1983.

Throughout his 33 years in private practice Tom has been an accomplished commercial litigator and trial lawyer in the New Jersey State and Federal Court systems (and in other states via pro hac vice admissions). He has extensive litigation and transactional experience in real estate development, design, building and construction projects (residential, commercial, industrial, resort, and redevelopment). He has represented owners, banks, builder/developers, redevelopers, Fortune 500 companies, utilities, utility contractors, design professionals (architects and engineers), physicians and physician groups, accountants, lawyers, entertainers and entertainment companies in business formations and corporate counseling; financing, lender liability litigation; individual and corporate contracting; commercial transactions and contract disputes; product liability claims and litigation; trade name, trademark, service mark and copyright infringement litigation; condemnation counseling and litigation; residential, commercial, industrial, redevelopment and resort development; construction contracting, development of design professional and consultant agreements, contract documents, project delivery documents, and construction phase contract administration and counseling in a variety of building and construction applications; construction defect litigation; insurance coverage litigation; land use, zoning/planning and redevelopment law and related litigation; general aviation and related land use issues; fidelity and surety bond claims; all types of related corporate, partnership and business litigation, trials (jury and non-jury), appeals and appellate advocacy, arbitrations, mediations and alternate dispute resolution.

His specialties: A broad range of complex commercial litigation as well as business and real estate matters, with concentrations in:

  • land development, building/construction & land finance;
  • commercial, residential and resort development;
  • disaster recovery & rebuilding consultation services;
  • general construction contracting and contract administration;
  • public contracting, bidding and bid protest litigation;
  • condemnation/eminent domain litigation;
  • construction defect litigation;
  • insurance coverage litigation;
  • CHP/distributed energy engineering, procurement & construction;
  • revitalizing, re-purposing & adaptive re-use of stranded commercial assets;
  • corporate, partnership and business disputes;
  • land use, zoning/planning matters & related litigation;
  • Mt. Laurel exclusionary zoning & related affordable housing litigation;
  • chancery/injunction litigation;
  • regulatory compliance and related litigation.

Professional Memberships

  • American Bar Association
  • New Jersey State Bar Association
  • Hunterdon County Bar Association
  • Monmouth Bar Association
  • American Bar Association, Forum on the Construction Industry
  • American Bar Association, Section of Litigation
  • American Bar Association Commercial and Business Litigation Committee
  • American Bar Association, Construction Litigation Committee
  • American Bar Association, Real Estate Litigation Committee
  • New Jersey Builders Association
  • PlanSmart NJ

Professional Accomplishments

  • Included in a list of “Top Rated Lawyers in Land Use and Zoning” by Martindale-Hubbell (2013, 2014, 2015).
  • Included in a list of “New Jersey’s Top Rated Lawyers” by Inside Jersey Magazine and the Newark Star-Ledger for his practices in Business and Commercial Law and Zoning, Planning and Land Use (August 2012).
  • Included in a list of “New Jersey’s Top Rated Lawyers” by Inside Jersey Magazine and the Newark Star-Ledger for his practices in Business and Commercial Law and Zoning, Planning and Land Use (August 2012).
  • Included in a list of “New Jersey’s Top Rated Lawyers” by Legal Leaders in Insider Jersey, Wall Street Journal and the New Jersey Law Journal (2015).
  • Included in a list of New Jersey’s “Top Rated Lawyers in Land Use and Zoning” by ALM in Corporate Counsel and The American Lawyer (2015).
  • Designated in Martindale-Hubbell as a “Top Rated Lawyer in Land Use and Zoning Law” (2015).
  • Numerous published decisions to his credit from the appellate courts of New Jersey.
  • Serving as lead counsel and special litigation counsel to major New Jersey and national builder/developers.
  • Serving as consultant, lead counsel, and special litigation counsel to several out-of-state builder/developers in the prosecution, defense, and successful settlement of defective fire-retardant treated (FRT) plywood roof sheathing claims, both statewide and nationwide.

Honors and Awards

  • Martindale-Hubbell “AV – Preminent” rated.
  • Recipient of the 2001 Walter T. Wittman Award for Legal Writing from the New Jersey Institute of Local Government Attorneys for article entitled, “Public Bidding Alert: Beware of the Trip-Wires in New Jersey’s New PWCR Act,” published in the New Jersey Municipal Law Review, Vol. 24, Number 2, June 2001.

Publications

  • “A Welcomed Sequel to Cypress Point & CGL Policy Interpretations”, Dimensions Magazine (New Jersey Builders Association, Fall 2015).
  • “NJ Court Opens Town to Affordable Housing Suits, Law 360 (Real Estate, New Jersey), August 7, 2015.
  • NJ Appellate Division Enjoins State Seizure of Unspent/Uncommitted Municipal Affordable Housing Trust Funds”, Fox Rothschild Real Estate ALERT, April 10, 2015.
  • “Builder ALERT: NJ Supreme Court Lowers the BOOM on COAH”, LinkedIn – March 13, 2015.
  • “Affordable Housing and the Mount Laurel Doctrine in New Jersey: Solving the Geometry of Chaos”, Fox Rothschild’s In the Zone, December 2014; LinkedIn – December 22, 2014.
  • Time To Reassess Those Arbitration-Only Provisions”, Law 360       (Real Estate, Commercial Contracts, New Jersey), December 9, 2014.
  • NJ Court Rules Arbitration-Only Dispute Resolution Provisions in Real Estate Purchase-Sale Agreements Unenforceable Without Notice That Buyers Give Up Relief in Judicial Forum”, Fox Rothschild Real Estate ALERT, November 24, 2014.
  • New Jersey Supreme Court Vacates COAH Order”, Fox Rothschild’s In the Zone, March 2014.
  • “NJ Supreme Court Vacates COAH Order” LinkedIn – March 21, 2014.
  • “Rebuilding Post-Sandy Part 2: Quandary Addressed; Next Steps” Fox Rothschild Disaster Recovery ALERT, January 2013.
  • “Rebuilding Post-Sandy: The Quandary Posed by FEMA’s New “Advisory Base Flood Elevations””, Fox Rothschild Disaster Recovery ALERT, December 2012.
  • “Hurricane Sandy — Fox Rothschild Disaster Recovery Consultation Services” Fox Rothschild Disaster Recovery ALERT, November 2012.
  • “NJ Court Invalidates COAH’s Third Round Regulations”, Fox Rothschild Zoning & Land Use Practice ALERT, October 2010.
  • “A Clarion Call: Courts Rein in Municipal Abuse of Eminent Domain and Zoning”, New Jersey Law Journal, January 25, 2010.
  • “Case of the Month – New Jersey: Homes of Hope, Inc. v. Easthampton Township Land Use Planning Board”, Fox Rothschild’s In The Zone, October 2009.
  • “Animal House Re-Lived”, Fox Rothschild’s In The Zone, February 2009.
  • “Case of the Month – New Jersey (July 2008)”, Fox Rothschild’s In The Zone, July 2008.
  • “Red Flags in Public Contracts: Trip-Wire Alerts for all Parties to a Local Public Contract”, Lorman Education Services, January 23, 2007.
  • “Public Contracts and Procurement Regulations”, Lorman Education Services, January 23, 2007.
  • “Down-zoning Paradox in New Jersey”, New Jersey Lawyer, September 04, 2006.
  • “Residential Construction Liens in New Jersey: The Nuts & Bolts”, Lorman Education Services, July 13, 2005.
  • “Navigating New Jersey’s New Home Warranty and Builders’ Registration Act”, Lorman Education Services, July 13, 2005.
  • “Public Bidding Alert: Beware of the Trip-Wires in New Jersey’s New PWCR Act”, New Jersey Municipal Law Review, Vol. 24, Number 2, June 2001.

Speaking Engagements/Events

  • Anatomy of a Construction Arbitration, presented by HB Litigation Conferences, September 12, 2016, Edison, New Jersey.  Speaker/Panelist.  Topics presented included Preliminary Hearings, Forms of Awards & Scheduling Orders.
  • Hunterdon County Chamber of Commerce: Hunterdon Chamber Internet Radio, http://hunterdonchamberradio.com/, Featured Guest: Weekly 1-Hour Long Radio Program: “What’s Going On in Real Estate?”, Hosted by Tony Page & Joe Eggert, Topic: Re-vitalizing, Re-Purposing & Adaptive Re-Use of Stranded Corporate Assets, Wednesday, April 22, 2015 (5-6 pm).
  • Next Steps on the Path for Affordable Housing Provided by the NJ Supreme Court, Seminar Presented by: Fox Rothschild LLP (Real Estate Dept./Zoning & Land Use Practice Group), Princeton, NJ Office, Speaker/Panelist, April 15, 2015.
  • Climbing Mt. Laurel: Affordable Housing and the Promise of Inclusion, Presented by: The Real Estate Society of Seton Hall University School of Law, Speaker/Panelist, Seton Hall University School of Law, Newark, New Jersey, April 7, 2015.
  • 2015 Annual Atlantic Builders Convention, Panelist: Seminar “Rebuilding After Sandy.”  Topics presented on included Eminent Domain & Shoreline Protection Initiatives & Issues, The Impact of Local Zoning on Rebuilding Effort, DEP Regulations, Sandy Buyout Program and Property Taxes/Tax Appeals/Municipal Budgets. Presented by: New Jersey Builders Association, Atlantic City, New Jersey, March 26, 2015.
  • Embedding Sustainable Development & Land Use Into Public Policy, Presented by: New Jersey Appleseed Public Interest Law Center, Speaker/Special Presentation: Re-vitalizing, Re-Purposing & Adaptive Re-Use of Stranded Assets
  • Panelist: Seminar Benchmarking Existing Efficient & Ethical Land Use Policies that Safeguard a Community: Rebuild; Redesign; Resiliency & Environmental Justice, Seton Hall University School of Law, Newark, New Jersey, March 23, 2015.
  • 2014 Annual Atlantic Builders Convention, Panelist: Seminar “Rebuilding After Sandy.”  Topics presented on included Automatic Variance Law, The Impact of Local Zoning on Rebuilding Effort, DEP Regulations, Sandy Buyout Program and Property Taxes/Tax Appeals/Municipal Budgets., Presented by: New Jersey Builders Association, Atlantic City, New Jersey, March 27, 2014.
  • Investing For the New Normal, Speaker, Presented by: PlanSmart NJ Annual Regional Planning Summit, Presentation:       Sandy’s Clarion Call: The Case for a Comprehensive Charrette, Trenton, New Jersey, April 30, 2013.
  • Public Contracts and Procurement Regulations in New Jersey, Author & Presenter, Presented by: Lorman Education Services, January 23, 2007.
  • Government Contracting in New Jersey: Bids, Contracts and Bonds, Author & Presenter, Presented by: Lorman Education Services, May 24, 2006.
  • Residential Construction Issues in New Jersey, Author & Presenter, Presented by: Lorman Education Services, July 13, 2005.