Jason E. Markel

Jason concentrates his practice on complex civil litigation in both the trial and appellate courts. He is a former appeals court clerk and has written and argued numerous appeals in the New York State appellate courts.  His practice primarily encompasses general commercial and business litigation matters, such as disputes involving commercial contracts, contractor performance issues and construction contracts, corporate and partnership agreements, non-compete and non-solicitation clauses, and real property purchase agreements and leases.  He is also experienced with commercial general liability insurance coverage matters and general personal injury and insurance defense.

As the Occupational Safety and Health Act (OSHA) Practice Leader, Jason also devotes a significant portion of his practice to OSHA consulting, regulatory compliance counseling, and the defense and management of OSHA inspections and whistleblower claims. He has represented manufacturers, construction contractors, sawmills, dairies, nonprofits, coating and dipping facilities, warehouse operators, supermarkets, fabricators, machine shops, trenchers, hospitals, nursing homes, and many other businesses. He has published numerous articles regarding OSHA enforcement practices, compliance, and strategies for mitigating OSHA exposures.

Jason is a member of the firm’s COVID-19 Litigation and Employment Action Team.  He aids clients with COVID-19 safety-related labor and employment issues, including OSHA and NYS-based compliance guidance and whistleblower claims.  He also assists clients with the interpretation of contractual force majeure clauses and contractor performance and change order disputes over pandemic-related price and time adjustments in construction contracts.

Jason has also given numerous webinar presentations addressing compliance and preparation for the defense of Paycheck Protection Program (PPP) loans and the litigation-based risks associated with Paycheck Protection Program (PPP) reviews and audits.  He is also a co-author of the firm’s “Borrower Beware” series of PPP client alerts.

Services

Clerkships

• New York State Court of Appeals, 1996-98

Education

Cornell University, B.S.

Syracuse University College of Law, J.D., magna cum laude

Admissions

• New York
• U.S. District Courts for the Western, Eastern, and Southern Districts of New York