Jason 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

On June 17, 2020, Governor Cuomo signed into law an amendment to the New York healthcare whistleblower law to create a new protected category, “improper quality of workplace safety,” and to expand protected channels to include news and social media outlets for reporting violations of improper quality of patient care or workplace safety. Under the new amendment, healthcare employers cannot take retaliatory action because an employee complains to the press or on social media about workplace conditions that significantly threaten employee health.

When the Coronavirus Aid, Relief, and Economic Security Act (CARES) was adopted on March 27, 2020, businesses welcomed the prospect of receiving COVID-19 financial relief through the Paycheck Protection Program (PPP). The PPP was layered atop the SBA’s existing Section 7(a) loan program, through which the federal government guarantees loans issued by qualified lenders to eligible business borrowers. The PPP program temporarily relaxed several criteria for obtaining an SBA loan, greatly expanding the availability of the lending program to a wider range of businesses. While clearly broader, the criteria for eligibility and the implications of the “necessity” certification weren’t quite so clearly defined, and left open many unanswered questions. But the prospect of “free money” by way of loan “forgiveness” induced countless businesses to submit loan applications at the earliest opportunity, beginning in early April 2020, despite the uncertainties.

Seventy Hodgson Russ attorneys have been named to the 2013 Upstate New York Super Lawyers (59 Hodgson Russ attorneys) and New York Metro Super Lawyers (11 Hodgson Russ attorneys).

Jason E. Markel

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Admissions

Representative Work

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