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John J. P. Howley

John J. P. Howley

John Howley, Esq.
  • Employment Law, Health Care Law
  • New York
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Summary

John Howley has more than 25 years of experience representing clients in government investigations, trials and appeals throughout the United States. Among his noteworthy cases, Mr. Howley has: - won an $80 million settlement in a race discrimination class action; - argued in the U.S. Supreme Court on behalf of the Government of India; - won a labor arbitration for the NYC police officer's union; - won an $800,000.00 employment termination settlement for a live-in nanny; - overturned death sentences for clients in Alabama, Ohio, and Virginia; - defended major pharmaceutical companies in multi-billion dollar lawsuits. Mr. Howley has received The Thurgood Marshall Award from the New York City Bar Association, The Medal for Excellence in Advocacy from the American College of Trial Lawyers, and The Gideon Champion of Justice Award from the New York State Association of Criminal Defense Lawyers. He was also named one of New York's SuperLawyers. Mr. Howley graduated from Skidmore College and earned his law degree, magna cum laude, from New York Law School, where he was Articles Editor of the Law Review. He served as an intern to U.S. District Judge Kevin Thomas Duffy and to former U.S. Magistrate Judge Shira A. Scheindlin, who is now a Senior U.S. District Judge. Upon graduation, Mr. Howley served as a law clerk to Judge Roger J. Miner on the U.S. Court of Appeals for the Second Circuit.

Practice Areas
  • Employment Law
  • Health Care Law
Fees
  • Free Consultation
  • Rates, Retainers and Additional Information
    Employment cases are usually handled on a contingency fee basis. Healthcare fraud cases are usually handled on a flat fee basis.
Jurisdictions Admitted to Practice
New York
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Languages
  • English: Spoken, Written
  • Tagalog: Spoken, Written
Professional Experience
Managing Partner
The Howley Law Firm P.C.
- Current
President & Chief Executive Officer
Davies Energy Systems, Inc.
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Partner
Kaye Scholer
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Associate
Kaye Scholer
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Law Clerk to Judge Roger J. Miner
U.S. Court of Appeals for the Second Circuit
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Education
New York Law School
J.D. (1990)
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Honors: magna cum laude
Activities: Articles Editor of the Law Review
New York Law School Logo
Skidmore College
B.A. (1980) | Government and History
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Notre Dame ng Dadiangas University
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Awards
Outstanding Service Award
Skidmore College
Gideon Champion of Justice Award
New York State Association of Criminal Defense Lawyers
Distinguished Alumnus Award
Skidmore College
Medal for Excellence in Advocacy
American College of Trial Lawyers
Pro Bono Society Award
Association of the Bar of the City of New York
Public Interest Coalition Award
New York Law School
Thurgood Marshall Award
New York City Bar Association
Honorary Investment & Trade Representative
Republic of the Philippines
Professional Associations
Labor and Employment Law Committee, NYC Bar Association
Member
- Current
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Philippine Disaster Recovery Corporation
Member, Board of Directors
- Current
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The Philippine American Chamber of Commerce, Inc.
Chairman Emeritus
- Current
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The Philippine American Chamber of Commerce, Inc.
Member, Board of Directors
- Current
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New York City Bar Association
Member
- Current
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American Chamber of Commerce of the Philippines
Member, Board of Directors
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Skidmore College Board of Trustees
Vice Chairman
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Northfield Mount Hermon School Board of Trustees
Vice Chairman
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Lawyers' Committee for Civil Rights Under Law
Member, Board of Trustees
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The Philippine American Chamber of Commerce, Inc.
President
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New York Law School
Member, Board of Trustees
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Commission on Independent Colleges and Universities
Member, Board of Trustees
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Publications
Articles & Publications
Evolutionary History: The Changing Purposes for the Death Penalty
Studies in Law, Politics and Society, Vol. 42 (Elsevier)
Keeping the Status Quo: Interim Measures in International Arbitration Agreements
23 Int’l Litig. Quarterly 1 (ABA)
Foreign Sovereign Immunities Act Developments
40 The Int’l Lawyer 285 (ABA)
Defending the Politics of Clemency
81 Oregon L. Rev. 231
Antitrust Policy for a Global Economy
38 Ateneo L.J. 43
Beyond GATT: Developing a Framework for International Competition Law
68 Philippine L.J. 110
Summary Judgment in Federal Court: New Maxims for a Familiar Rule
34 New York L. Sch. L. Rev. 201
Speaking Engagements
Whistleblowers on Wall Street: Understanding the SEC Whistleblower Program
New York City Bar Association
False Claims Act Enforcement Trends in Healthcare
Lawline.com
Whistleblowers on Wall Street: Understanding the Dodd-Frank Whistleblower Program
Lawline.com
The Happy Lawyer: Applying Business and Ethical Fundamentals
Lawline.com
Stealing Evidence: Ethically Representing Clients Who Record Conversations, Take Documents, and Copy Files
Lawline.com
Ethical Issues in Whistleblower Litigation
Lawline.com
Habeas Corpus and the Anti-Terrorism and Effective Death Penalty Act
New York City Bar Association
Developments in the Dodd-Frank Whistleblower Program 2016
New York City Bar Association
Websites & Blogs
Website
Website
Legal Answers
6 Questions Answered

Q. What are the legal options for the Plaintiff if municipality does not offer or decline a settle within 30 days
A: Your next step is most likely to commence a lawsuit if you have not already done so. You should consider retaining an experienced employment lawyer for such a lawsuit. There are many, complicated procedural requirements for pursuing an employment lawsuit. In addition, many judges assume that individuals who represent themselves are doing so because no lawyer would take the case. If you have a strong case, many employment lawyers will take it on a full or partial contingency fee basis. This means that you will not pay any legal fees unless you win.
Q. If the EEOC complaint does not have certain parties named, does that mean I cannot add them to a summons and complaint
A: As a general rule, you cannot sue a defendant under Title VII unless they were named in the underlying EEOC charge. There are some exceptions, but those exceptions are very complicated. There are also ways to expedite the process of naming a missing defendant. My question to you is: Why do you not have a lawyer who can handle all of these very complicated procedural and jurisdictional issues for you? If you have a strong case, many employment lawyers will represent you on a full or partial contingency fee basis (in other words, they do not receive their fee unless you win).
Q. The HRA of NYC is trying to terminate me because of my past convictions can I get a temporarily injunction
A: It is possible (but very difficult) to obtain a temporary injunction in an employment termination case. You must present evidence that: (1) you will likely win the lawsuit; (2) that you will suffer "irreparable harm" if you are terminated; and (3) the equities are balanced in your favor. A lot will depend on the facts of your case, including whether you are a union member, whether HRA has other grounds to terminate you, etc. The most difficult part is proving "irreparable harm." You will have to prove that money damages will not cure the harm caused by your termination. If your only harm is lost wages, then money damages will be sufficient. You must prove that you will suffer other types of harm that cannot be addressed by an award of money at the end of the case. If you do win a temporary injunction, you may be required to post a bond. If it turns out that you should not have received injunctive relief, HRA will be able to collect damages against you. This is not something you should try to handle on your own. Consult with an experienced labor and employment lawyer.
Q. Should I sue a company that wrongfully terminated me I believe due to identity discrimination against the inclusive law?
A: You have described the basic outlines of a sexual harassment/wrongful termination case. The devil will be in the details. You should consult with an experienced attorney to go over, among other things, the specific comments constituting verbal harassment, the specific comments and actions that caused you to be berated and degraded, the substance and timing of any formal or informal complaints to HR or management about the harassing conduct, and the explanations your employer are likely to assert as the reasons for your termination. This is not something you should do on your own because the laws on transgender discrimination are complicated and still evolving. You should consult with a lawyer who has experience protecting transgender clients from discrimination. Most will give you a free initial consultation to determine if you have a strong case and, if you do, will take the case on a contingency fee basis.
Q. looking for a lawyer to help me fight a wrongfully termination.
A: In order to help you, I would need to know why you believe the termination was wrongful. New York is an "employment at will" state. This means that you may be fired at any time for no reason. A termination is wrongful only if: (a) you are protected by an employment contract that requires a valid reason or that the employer follow a process before firing you; (b) you are a union member and its collective bargaining agreement requires a valid reason or that the employer follow a process before firing you; or (c) you were fired for an illegal reason such as your race, religion, gender, national origin, etc.
Q. I'm an unpaid intern. Do discrimination laws apply to me?
A: In New York, yes. The New York Human Rights Law protects unpaid interns from discrimination based on age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, marital status, or domestic violence victim status. You may have a claim under other laws, but I would need to know more facts. It is also worth looking into whether or not you are properly classified as an unpaid intern. Again, I would need to know more facts. Feel free to contact me to discuss your situation in more detail.
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Contact & Map
350 Fifth Avenue, 59th Floor
New York, NY 10118
USA
Telephone: (212) 601-2728