People: Gregory A. Markel, Partner

Gregory A. Markel

Partner

New York
Direct: (212) 218-5579
0

Greg Markel is a partner in the Litigation Department of Seyfarth Shaw LLP’s New York office. Mr. Markel is a nationally known trial lawyer who concentrates his practice on corporate governance litigation, mergers and acquisition litigation, directors and officers defense, securities litigation and antitrust litigation particularly in bet your company cases. 

He has been recognized for years as a leader in the profession.  LawDragon magazine recently recognized Mr. Markel as a “legend” and one of only 50 lawyers and judges in the legal profession in the United States who have been named to the Law Dragon 500 in each of the last ten years. He has also received recognition from many other publications including Acquisition International’s 2015’s Most Highly Regarded Litigators, 2013 Lawyers of the Year for Mergers and Acquisition by Best Lawyers, LawDragon’s 500 Leading Lawyers in America, and one of the 100 Securities Litigators You Need to Know, one of the Top 100 Lawyers in New York by Super Lawyers, highly ranked by Chambers for Securities Litigation, Benchmark as a national Litigation Star, for outstanding performance by Best Lawyer’s in America, Legal 500 Leading Commercial Litigators, “Best in Class” in the legal profession by BestofUS.com, The International Who’s Who of Commercial Litigators and many others.

He is a member of the Boards of the Legal Aid Society, the New York County Lawyers Association (NYCLA), Junior Achievement of New York and the Historical Society of New York Courts.

Mr. Markel is Chairman of the Center for Corporate Governance of the New York County Lawyers Association.  He and Gillian Burns recently received the Burton Award for Distinguished Legal Writing.

Mr. Markel is a graduate of Yale Law School, the University of Michigan with an MBA in Finance and Columbia College.

He is a member of the Business Law, Litigation and Antitrust sections of the American Bar Association; the Federal Bar Council; the City Bar Committee on Securities Litigation; the Securities Industry Association – Compliance & Legal Division; the New York State Bar Association, Commercial Litigation Section, is a Fellow of the New York Bar Foundation. He is frequently called on to comment on legal issues for the Wall Street Journal, The Financial Times, CNBC, Bloomberg TV, Bloomberg Radio, The New York Times, Time, Newsweek, The Daily and the Associated Press. Mr. Markel frequently speaks to the press and others on a range of topics, such as director’s and officer’s liability, securities law, commercial litigation, accountants’ defense, law firm management and Internet litigation.

Greg Markel is a partner in the Litigation Department of Seyfarth Shaw LLP’s New York office. Mr. Markel is a nationally known trial lawyer who concentrates his practice on corporate governance litigation, mergers and acquisition litigation, directors and officers defense, securities litigation and antitrust litigation particularly in bet your company cases. 

He has been recognized for years as a leader in the profession.  LawDragon magazine recently recognized Mr. Markel as a “legend” and one of only 50 lawyers and judges in the legal profession in the United States who have been named to the Law Dragon 500 in each of the last ten years. He has also received recognition from many other publications including Acquisition International’s 2015’s Most Highly Regarded Litigators, 2013 Lawyers of the Year for Mergers and Acquisition by Best Lawyers, LawDragon’s 500 Leading Lawyers in America, and one of the 100 Securities Litigators You Need to Know, one of the Top 100 Lawyers in New York by Super Lawyers, highly ranked by Chambers for Securities Litigation, Benchmark as a national Litigation Star, for outstanding performance by Best Lawyer’s in America, Legal 500 Leading Commercial Litigators, “Best in Class” in the legal profession by BestofUS.com, The International Who’s Who of Commercial Litigators and many others.

He is a member of the Boards of the Legal Aid Society, the New York County Lawyers Association (NYCLA), Junior Achievement of New York and the Historical Society of New York Courts.

Mr. Markel is Chairman of the Center for Corporate Governance of the New York County Lawyers Association.  He and Gillian Burns recently received the Burton Award for Distinguished Legal Writing.

Mr. Markel is a graduate of Yale Law School, the University of Michigan with an MBA in Finance and Columbia College.

He is a member of the Business Law, Litigation and Antitrust sections of the American Bar Association; the Federal Bar Council; the City Bar Committee on Securities Litigation; the Securities Industry Association – Compliance & Legal Division; the New York State Bar Association, Commercial Litigation Section, is a Fellow of the New York Bar Foundation. He is frequently called on to comment on legal issues for the Wall Street Journal, The Financial Times, CNBC, Bloomberg TV, Bloomberg Radio, The New York Times, Time, Newsweek, The Daily and the Associated Press. Mr. Markel frequently speaks to the press and others on a range of topics, such as director’s and officer’s liability, securities law, commercial litigation, accountants’ defense, law firm management and Internet litigation.

Education

  • J.D., Yale Law School (1972)

  • M.B.A., University of Michigan (1968)

  • B.A., Columbia University (1967)

Admissions

  • New York

Affiliations

  • Legal Aid Society (Board Member)
  • New York County Lawyers Association (NYCLA) (Board Member)
  • Junior Achievement of New York (Board Member)
  • American Bar Association (Business Law, Litigation and Antitrust sections)
  • Historical Society of New York Courts (Board Member)
  • Federal Bar Council
  • City Bar Committee on Securities Litigation
  • Securities Industry Association (Compliance & Legal Division)
  • New York State Bar Association (Commercial Litigation Section)
  • New York Bar Foundation (Fellow)

Recognition

  • LawDragon.com as a “legend” and as one of the 500 Leading Lawyers in America (2005-2015), one of the 500 Leading Litigators in America (2006-2015), and one of the 100 Securities Litigators You Need to Know (2008-2016)
  • “Burton Award for Distinguished Legal Writing,” (2007, 2016)
  • 2014 “New York- Leading Lawyer Of The Year,” Acquisition International Magazine Global Awards
  • 2013 Lawyer of the Year for Mergers and Acquisition Litigation, Best Lawyers in America
  • New York County Lawyers’ Association - “The Boris Kostelanetz President’s Medal” (December 17, 2013)
  • Top 100 Lawyers in New York, New York SuperLawyers (2010-2016)
  • Chambers USA for Securities Litigation Defense Attorneys
  • Benchmark Litigation Leading Commercial Litigators (2007-2015), Litigation Star
  • "The Best Lawyers in America," as one of the top litigators for Commercial Litigation, Antitrust & Securities Litigation
  • Legal 500 Leading Commercial Litigators in the United States
  • "Best in Class" in the legal profession by BestofUS.com
  • The International Who's Who of Commercial Litigators
  • The International Who's Who of Business Lawyers
  • Who’s Who of American Law
  • Who’s Who in the United States
  • Best Lawyers in New York
  • New York Super Lawyers – Manhattan edition
  • 2007 Burton Award for Legal Achievement

Publications

  • Co-Author, “New York Court Reverses Rejection of M&A Disclosure-Only Settlement Signaling Split from Delaware,” One Minute Memo, Seyfarth Shaw LLP (March 1, 2017)
  • Co-Author, “Delaware Chancery Court Throws Out Claims Over $10 Million Severance Payment to CEO,” One Minute Memo, Seyfarth Shaw LLP (January 25, 2017)
  • Co-Author, “Delaware Supreme Court Provides Guidance on Director Independence,” One Minute Memo, Seyfarth Shaw LLP (December 29, 2016)
  • Co-Author, “Delaware Court of Chancery Dismisses Derivative Suits Alleging Directors Wrongfully Refused Litigation Demands, One minute Memo, Seyfarth Shaw LLP (December 7, 2016)
  • Co-Author, “Delaware Court of Chancery Rejects Post-Closing Disclosure Claims,” One Minute Memo, Seyfarth Shaw LLP (November 8, 2016)
  • “Delaware Judges Have Been Heard,” Law 360 (February 2, 2016)
  • Author of Chapter on Derivative Litigation, in multi-volume treatise, Commercial Litigation in New York State Courts 4th Edition (2015, 2011, 2009, 2004)
  • Co-Author with Anne Tompkins of Chapter on Investigation in multi-volume treatise, Business and Commercial Litigation in Federal Courts
  • “Assessing A Judicial Solution To Abusive Merger Litigation,” Law 360 (November 19, 2015)
  • “D&O Fee Advancement Lessons From American Apparel,” Law 360 (September 25, 2015)
  • “Dole Ruling Warns Not To Undermine MFW Protections,” Law 360 (September 2, 2015)
  • “M&A Update: Delaware Court Finds Dole Executives Personally Liable for Millions in Damages for Defrauding Stockholders in Buy-Out and Undermining Special Committee Process,” Law 360 and Client and Friends Memo (August 28, 2015)
  • Author of Chapter on Director’s & Officer’s Liability of "New York Business Litigation," Desk Treatise, New York Law Journal (2015, 2014, 2013)
  • “Settling Class Actions: Process and Procedure," Practical Law The Journal (October 2013)
  • "Class Action Settlements: Approval, Objection and Discovery," PLI Class Action Litigation Handbook (2013)
  • "Predictive Coding: Another Tool to Address the Costs of E-Discovery," New York Law Journal (May 25, 2012)
  • Author of Chapter on Internal Investigations, in multi-volume treatise, Business and Commercial Litigation in Federal Courts (2012, 2011)
  • "Class Certification Under Attack," New York Law Journal Litigation Section (December 12, 2011)
  • "Lower Courts Divided on Standard for Pleading Loss Causation Post-'Dura'," New York Law Journal (March 31, 2011)
  • "Core Operations’ Doctrine May Undermine PSLRA," New York Law Journal (April 29, 2010)
  • "Enforcement Procedures and Rules in the U.S. Courts," New York Law Journal (April 12, 2010)
  • "Failure of Oversight Claims Bar Still High," New York Law Journal (November 30, 2009)
  • "Current Trends in Financial Regulation and Enforcement," Mealey’s Emerging Securities Litigation (August 2008)
  • “Complex Litigation: Sometimes, the Witness is a Cipher," National Law Journal (April 2008)
  • “Imperfect Scheme," The Deal (June 18, 2007)
  • "When Can Financial Institutions Be Liable for Federal Securities Fraud in Connection With Securities Issued by Others: The Uncertain State of the Law," International Journal of Disclosure and Governance, Vol. 4, No. 2, Palgrave Macmillan (May 2007)
  • "Don’t Blame the Culprit’s Bank," Legal Times (April 30, 2007)
  • "Defending Claims Against Underwriters of Asset-Backed Securities: The Due Diligence Defense," Andrews Litigation Reporter: Securities Litigation & Regulation (December 2006)
  • "In re Charter Communications, Inc. Securities Litigation and Simpson v. AOL Time Warner Inc.: Circuits Split Over the Validity of ‘Scheme’ Liability Under Section 10(b)," Securities Regulation Law Journal (Winter 2006)
  • "The Due Diligence Defense for Underwriters of Asset-Backed Securities," Andrews Litigation Reporter: Derivatives (November 2006)
  • "Primary Violators, Aiders and Abettors and Manipulative Schemes Under Section 10(b) of the Securities Exchange Act of 1934," PLI’s Managing Complex Litigation Course Handbook (November 2006)
  • "10b-5 ‘Scheme’ Liability," The National Law Journal (November 13, 2006)
  • “The Evolution of ‘Scheme‘ Liability Under Section 10(b)," PLI’s 38th Annual Institute on Securities Regulation Course Handbook (Vol. 2) (November 2006)
  • "Recent Developments in Delaware Case Law," International Journal of Disclosure and Governance (Vol. 3.3) (September 2006)
  • "Business Judgment and Delaware Boards," Portions of this article first appeared in the New York City Bar's Course Handbook on Current Issues in D&O Liability & Insurance (2006)
  • "Appealing Class Certification Orders," New York Law Journal (October 11, 2005)
  • "Dura Pharmaceuticals," National Law Journal (August 8, 2005)
  • "The Aftermath of Dura Pharmaceuticals v. Broudo," article published by New York State Bar Association (June 2005)
  • "The High Price of Misconduct," Risk & Insurance (March 2005)
  • "Pleading Loss Causation in Securities Litigation," New York Law Journal (October 18, 2004)
  • “The PSLRA After Silicon Graphics," The Review of Securities & Commodities Regulation (November 24, 1999)
  • "Internet Litigation and How to Avoid It," New York Law Journal (May 24, 1999)

Presentations

  • Center for Corporate Governance: “The Significance of Recent Developments in Delaware Corporate Governance Law and What Practitioners and Their Clients Need to Know,” New York County Lawyers Association (May 3, 2016)
  • “Defending Against Confidential Witnesses in Securities Fraud Class Actions,” Practical Lawyer lead article (October/November 2015)
  • Co-Program Manager, Securities Enforcement and Litigation Institute City Bar (October 16, 2015)
  • PLI Panel, Recent Developments in Securities Class Actions (July 8, 2015)
  • “Corporate Governance: Key Issues for Boards and Directors,” Webinar, presented by the American Bar Association (March 12, 2015)
  • “Corporate Governance: Hot Button Issues for Board Advisors,” ABA In The Know Panel (March 12, 2015)
  • New York City Bar Association Third Annual Securities Litigation & Enforcement Program (November 17, 2014)
  • “Litigating Claims Involving Mergers and Acquisitions: Evolving Theories of Liability and Defenses," American Conference Institute National Forum on Securities Litigation & Enforcement (February 27, 2014)
  • "Negotiating the Crossroads of Regulation and Litigation," City Bar center for CLE 2nd Annual Institute for Corporate Counsel: Navigating the Boardroom, the Courtroom & the Space Between (December 6, 2013)
  • Moderator of Panel: “Issues for General Counsel on Advising the Board of Directors on Enforcement and Litigation Issues,” Second Annual Institute for Corporate Counsel, New York City Bar (December 6, 2013)
  • New York Roundtable: Corporate Governance, Institutional Investor Education Foundation (December 9, 2011)
  • Trial By Jury, Panel: "Ethical Issues in Jury Trials," PLI (November 20, 2013)
  • Second Annual Securities Litigation & Enforcement Institute, New York City Bar (November 12, 2013)
  • "Settling Class Actions:  Approval, Opt-Outs and Objectors," PLI (July 10, 2013)
  • "Jury Research, Mock Juries, and Shadow Juries," Magna Legal Conference (January 2013)
  • "First Annual Securities Litigation & Enforcement Institute," New York City Bar (December 11, 2012)
  • "Institute for Corporate Counsel 2012," New York City Bar (December 7, 2012)
  • Trial By Jury, Panel: “Ethical Issues in Jury Trials,” PLI (November 2012)
  • "Ethics Issues in Internal Investigations," 2012 Energy & Commodities Conference (October 2012)
  • Seminar, “Civil Appeals and Argument,” New York State Bar Association (October 2012)
  • “The Value of Mediation in Securities Actions Settlement Discussions," Securities Litigation & Enforcement: Current Developments & Strategies, New York City Bar (2011)
  • City Bar’s Securities Litigation Program (December 6, 2011)
  • Trial By Jury, Panel: “Ethical Issues in Jury Trials,” PLI (November 2011)
  • Securities Litigation During the Credit Crisis: Current Developments & Strategies, Panel: "Settlement Trends and Tactics," New York City Bar (December 9, 2010)
  • Trial By Jury, Panel: "Ethical Issues in Jury Trials," PLI (December 1, 2010)
  • "Class Action Litigation Strategies 2010," PLI (July 2010)
  • Securities Litigation," PLUS D&O Symposium (February 3, 2010)
  • "Settlement Trends and Tactics," New York City Bar (December 8, 2009)
  • "Trial by Jury," PLI (December 2, 2009)
  • "Trial by Jury," PLI (September 12, 2008)
  • Use of Confidential Witnesses in Securities Litigation, New York City Bar (June 2009)
  • "Litigating Claims Related to Credit Default Swaps," American Conference Institute Advanced Forum on Securities Litigation (May 13, 2009)
  • 41st Annual Institute on Securities Regulation, 2009, Securities Litigation Panel 
  • 40th Annual Institute on Securities Regulation, 2008, Securities Litigation Panel 
  • 39th Annual Institute on Securities Regulation, 2007, Securities Litigation Panel 
  • 38th Annual Institute on Securities Regulation, 2006, Securities Litigation Panel 
  • 37th Annual Institute on Securities Regulation, 2005, Securities Litigation Panel 
  • 36th Annual Institute on Securities Regulation, 2004, Securities Litigation Panel 
  • 35th Annual Institute on Securities Regulation, 2003, Securities Litigation Panel 
  • 34th Annual Institute on Securities Regulation, 2002, Securities Litigation Panel 
  • 33rd Annual Institute on Securities Regulation, 2001, Securities Litigation Panel 
  • 32nd Annual Institute on Securities Regulation, 2000, Securities Litigation Panel 
  • 31st Annual Institute on Securities Regulation, 1999, Securities Litigation Panel 
  • "How to Reduce Corporate Litigation Costs and Still Win Your Case," New York City Bar Association (October 30, 2008)
  • "Credit Crisis Effects on the U.S. Economy," AIG's 21st Annual Stowe, Vermont Conference (September 9, 2008)
  • "Current Issues in D&O Liability & Insurance," New York City Bar (June 6, 2008)
  • "Parallel Proceedings in Securities Cases 2008, " PLI (January 2008)
  • "Attorney-Client Privilege for the In-House Lawyer, " PLI (December 2007)
  • "The Mediation of Securities Class Actions," JAMS (September 25, 2007)
  • "Legal Developments in Directors & Officers Insurance," Association of the Bar of the City of New York (June 2007)
  • West Legalworks' Litigation and Resolution of Complex Class Actions, panel on "Defending Accountants and Attorneys under the Securities Laws" (November 29, 2006)
  • Panel, "Overlapping Civil Litigation and Regulatory Investigations: Just When You Thought it Couldn’t Get Worse . . . ," PLI’s Managing Complex Litigation 2006 ( November 2006)
  • "D&O Mediations: A Method to the Madness," The New York City Bar (2006)
  • "Help or Hindrance? CAFA’s Effect on Corporate Defendants’ Litigation Strategy is Not So Clear," GC New York (February 13, 2006)
  • Panel discussion, "Enron on Trial," Forbes.com Video Network (January 2006)
  • "New Trends in SEC Investigations and Class-Action Litigation," The SEC Institute’s 21st Annual National SEC Reporting Conference, New York (December 19, 2005)
  • "D&O Liability & Insurance 2005," Association of the Bar of the City of New York (June 2005)
  • "Recent Developments in Shareholder Litigation & Related Government Enforcement Initiatives," New York State Bar Association (June 2005)
  • 2005 D&O Market Trends Seminar Series (February 2005)
  • Financial Institution’s Liability Developments, Bermuda (September 2005)
  • D&O Liability Developments, Bermuda (September 2005)
  • Litigation Leadership Roundtable (August 2005)
  • Commentary and Instruction to Various Banks and Investment Banks on the Interagency Statement on Sound Practices Concerning Complex Structured Finance Activities (July and August 2004)
  • Financial Institution’s Liability Developments, Bermuda (June 2004)
  • D&O Liability Developments, Bermuda (June 2004)
  • "The New Era of Litigation Against Financial Institutions," Association of the Bar of the City of New York (June 2004)
  • "A Sarbanes-Oxley Update," Association of the Bar of the City of New York (June 2004)
  • "The Financial Institution Crisis: An In depth Look," PLUS D&O Conference (February 2004)
  • "Litigating A Class Action Case, What Every Litigator Needs to Know," NYSBA (January 2004)
  • "Litigating the Financial Fraud Case," NYSBA (January 2003)
  • "Litigation and Resolution of Complex Class Actions" (December 2002)
  • Speech to Professional Liability Insurers on IPO Allocation Cases (September 2001)
  • "OnLine Securities Trading Litigation" (November 2000)
  • "How to Settle a Class Action," PLI (July 1998)
  • "Directors Duties and Responsibility," Directors Roundtable 
  • "Liability of Accountants for Fraud," Pennsylvania Certified Public Accountants