Josh Howley, who is part of the Firm’s Litigation Department and a member of the Firm’s Management Committee, regularly practices in state and federal courts, including bankruptcy courts, primarily in New York and New Jersey. One of his specialties is representing traditional lenders, hedge funds, servicers and receivers in asset recovery litigation. Mr. Howley is also frequently hired when mortgage loans go into default and the borrower asserts defenses. In a unanimous opinion dated July 1, 2020, Mr. Howley succeeded before the Supreme Court of New Jersey, on behalf of a prominent New Jersey bank, in establishing that an assignee of a lost original promissory note can enforce it based on a lost note affidavit even though the assignee was not the creditor that lost the original. This decision created strong, pro-lender precedent in New Jersey.
He is an efficient and effective problem solver. He recognizes that each case is unique and he tailors his approach to the facts presented.
Mr. Howley prides himself on responsiveness. He recognizes that the Firm’s clients are retaining him for, in part, being available whenever necessary to solve their problems. This includes overnight and on the weekend.
Mr. Howley clerked for the Hon. Charles J. Walsh, an esteemed New Jersey judge before starting at Skadden Arps in 2002, where he worked until joining Sills Cummis & Gross in February 2006. He made partner at Sills Cummis in October 2010 at the age of 35. Mr. Howley is active in the New Jersey Bankers Association, and he is the former Vice Chairman of the Board of the Northern New Jersey Chapter of the American Red Cross.
Mr. Howley has two young children who keep him grounded. He enjoys golfing, good food and wine, and seeing live music.