
Jason E. Markel
Practices & Industries
Admissions
- New York
- U.S. District Courts for the Western, Eastern, and Southern Districts of New York
Clerkships
- New York State Court of Appeals, 1996-98
Education
Cornell University, B.S.
Syracuse University College of Law, J.D., Magna Cum Laude
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.
Jason also devotes a significant portion of his practice to Occupational Safety and Health Act (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.
Honors
- Listed, Upstate New York Super Lawyers, (Business Litigation) 2007, 2011 - 2015, 2017 - 2020
- Former computer editor, Syracuse Law Review
- Justinian Honorary Law Society
Experience
- Disparate Impact Discrimination Challenge
- Represented Housing Authority on Common Law Indemnification Claim
- Represented School District in Alleged “Sick Building” Case
- Successfully Defended Manufacturer in Alleged Breach of Distribution Agreement Matter
- Successfully Defended Public Benefit Corporation from Series of Administrative Challenges
- Successfully Moved to Dismiss Action Commenced by Workers Compensation Board
In the News
- Buffalo Business First, October 30, 2020
- January 10, 2007
Press Releases
- Hodgson Russ Press Release, September 8, 2020
- Press Release, August 12, 2019
- Press Release, August 20, 2018
- Press Release, September 6, 2017
- Press Release, August 19, 2015
- Press Release, August 14, 2014
- August 2013
Publications
- Hodgson Russ Home Care and Healthcare Alert, May 16, 2023
- Hodgson Russ Education Alert, April 18, 2023
- Hodgson Russ Home Care Alert, December 20, 2022
- Hodgson Russ Home Care Alert, August 19, 2022
- Hodgson Russ Product Liability & Complex Tort Alert, May 10, 2022
- Hodgson Russ Home Care Alert, May 5, 2022
- Hodgson Russ Product Liability Litigation & Legislation Quarterly Update, May 2022
- Hodgson Russ OSHA and Healthcare Alert, March 28, 2022
- Hodgson Russ OSHA and Labor & Employment Alert, February 18, 2022
- Hodgson Russ Product Liability Litigation & Legislation Quarterly Update, January/February 2022
- Tax Stringer, February 1, 2022
- Hodgson Russ OSHA and Labor & Employment Alert, December 20, 2021
- Hodgson Russ Labor & Employment Alert, December 20, 2021
- Hodgson Russ Labor & Employment Alert, December 8, 2021
- Hodgson Russ OSHA and Labor & Employment Alert, December 8, 2021
- Hodgson Russ OSHA Alert, November 17, 2021
- Hodgson Russ OSHA Alert, November 8, 2021
- Hodgson Russ OSHA Alert, November 5, 2021
- Hodgson Russ OSHA Alert, September 21, 2021
- Hodgson Russ OSHA Alert, September 10, 2021
- Hodgson Russ OSHA Alert, July 1, 2021
- Hodgson Russ OSHA Alert, June 15, 2021
- Hodgson Russ OSHA Alert, April 27, 2021
- Hodgson Russ COVID-19 Litigation and Employment Action Team Alert, March 25, 2021
- Hodgson Russ Torts, Insurance and Products Liability Alert, March 25, 2021
- Hodgson Russ OSHA Alert, March 17, 2021
- Hodgson Russ COVID-19 Litigation and Employment Action Team Alert, March 11, 2021
- Hodgson Russ COVID-19 Litigation and Employment Action Team Alert, March 10, 2021
- Hodgson Russ COVID-19 Litigation and Employment Action Team Alert, February 8, 2021
- National Association of Surety Bond Producers, February 3, 2021
- COVID-19 Litigation and Employment Action Team Alert, January 29, 2021
- Hodgson Russ COVID-19 Litigation & Employment Action Team Alert, January 21, 2021
- Hodgson Russ Corporate & Business Alert, December 30, 2020
- Hodgson Russ COVID-19 Litigation & Employment Action Team Alert, November 4, 2020
- Hodgson Russ COVID-19 Litigation & Employment Action Team Alert, October 15, 2020
- Hodgson Russ COVID-19 Litigation & Employment Action Team Alert, October 12, 2020
- Hodgson Russ COVID-19 Litigation & Employment Action Team Alert, September 10, 2020
- Hodgson Russ OSHA Alert, August 17, 2020
- Hodgson Russ COVID-19 Litigation and Employment Action Team Alert, August 6, 2020
- Hodgson Russ COVID-19 Litigation and Employment Action Team Alert, July 28, 2020
- Hodgson Russ COVID-19 Litigation & Employment Action Team Alert, July 14, 2020
- BLR's New York Employment Law Letter, July 1, 2020
- Hodgson Russ OSHA Alert, June 26, 2020
- Hodgson Russ Healthcare Alert, June 25, 2020
- Hodgson Russ Business Litigation Alert, June 23, 2020
- Hodgson Russ Business Litigation and Bankruptcy & Restructuring Alert, June 22, 2020
- Hodgson Russ COVID-19 Litigation & Employment Action Team Alert, June 15, 2020
- Hodgson Russ OSHA Alert, June 15, 2020
- Hodgson Russ OSHA Alert, June 9, 2020
- Hodgson Russ OSHA Alert, June 1, 2020
- Hodgson Russ OSHA Alert, May 27, 2020
- Hodgson Russ Business Litigation Alert, May 22, 2020
- Hodgson Russ OSHA Alert, May 18, 2020
- Hodgson Russ Renewable Energy and Construction Alert, May 15, 2020
- Hodgson Russ OSHA and Business Litigation Alert, May 13, 2020
- Hodgson Russ Business Litigation and Securities Regulation & Corporate Compliance Alert, April 22, 2020
- Hodgson Russ Business Litigation Alert, April 22, 2020
- Hodgson Russ Torts, Insurance & Products Liability Alert, April 17, 2020
- Hodgson Russ Business Litigation Alert, April 15, 2020
- Hodgson Russ Business Litigation Alert, April 9, 2020
- Hodgson Russ Construction Alert, April 9, 2020
- Hodgson Russ Healthcare Alert, April 6, 2020
- Hodgson Russ Home Care Alert, April 4, 2020
- Hodgson Russ Healthcare & OSHA Alert, April 2, 2020
- Hodgson Russ Construction Alert , March 27, 2020
- Hodgson Russ OSHA Alert, October 30, 2019
- Hodgson Russ OSHA Alert, October 28, 2019
- Hodgson Russ OSHA Alert, September 27, 2019
- Occupational Safety & Health Alert, February 7, 2019
- OSHA Alert, December 20, 2018
- Occupational Safety & Health Act Alert, October 19, 2018
- Occupational Safety & Health Act Alert, October 17, 2018
- Occupational Safety & Health Act Alert, April 16, 2018
- OSHA Alert, May 10, 2017
- Client Alert, August 8, 2016
- Hodgson Russ Alert, September 23, 2014
- JD Supra, April 2, 2014
- October 4, 2013
- Lawyers Weekly, July 5, 2013
- OSHA Alert, June 7, 2013
- May 10, 2013
- New York Law Journal, November 20, 2012
- Divining a Statute of Limitations for the Worker Adjustment and Retraining Notification (WARN) Act: Application of State Statutes of Limitations vs. the NLRA Six-Month Statute of LimitationsDetroit College of Law Review, January 1, 1995
Blog Posts
- New York Expands Healthcare Worker Whistleblower Protections The Whistleblower Blog, June 25, 2020
- Borrower Beware: Prepare Now to Defend your Company’s Paycheck Protection Program (PPP) Loan from SBA Review or a Possible False Claims Act or Criminal Investigation The Whistleblower Blog, June 15, 2020
Presentations & Events
- Buffalo Marriott Niagara 1340 Millersport Hwy, Amherst, NY 14221, January 13, 2023
- Buffalo Niagara Marriott, 1340 Millersport Hwy, Amherst, NY 14221, May 6, 2022
- September 28, 2020
- September 10, 2020
- September 3, 2020
- August 20, 2020
- August 10, 2020
- August 7, 2020
- July 29, 2020
- July 1, 2020
- Hodgson Russ LLP, The Guaranty Building, Buffalo, NY, November 16, 2016
- Buffalo Marriott Niagara, 1340 Millersport Highway, Amherst, NY, November 3, 2016
- Amherst, NY, November 1, 2012
- Buffalo, NY, March 2010
Professional Associations
- American Society of Safety Engineers