OK at Work

Sarah Sawyer and Russell Burger are joined by Marc Misthal, an intellectual property and trademark attorney and chair of the firm’s IP group, to discuss how businesses’ use of AI is creating new IP challenges. Marc explains that AI-generated outputs raise questions about whether they can be protected by copyright, trademark, or patent. They discuss practical impacts for both creators’ seeking prot...

In this episode of OK at Work, Sarah Sawyer and attorney Russell Burger of Offit Kurman discuss how managers influence company culture alongside the usual compliance responsibilities. Managers act as ambassadors and the day-to-day face of the organization, especially as companies grow and executives have less direct contact with employees. Russell stresses the importance of being intentional about...

In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss balancing consistent performance-management policies with EQ and common sense when managing people. They explain that when a previously strong employee’s performance declines, it may signal personal struggles rather than a work-related issue. Building trust, training managers, and holding regular check...

Sarah Sawyer and Russell Berger, attorneys at Offit Kurman, discuss Maryland’s upcoming paid family and medical leave program and what employers should do in fall 2026 to prepare. They explain that contributions for employers using the state plan begin January 1, 2027, with benefits starting in 2028. The program is like unemployment insurance, providing up to 12 weeks of paid leave with benefits u...

Attorneys Sarah Sawyer and Russell Burger of Offit Kurman discuss how businesses can improve cash flow by staying on top of accounts receivable and treating collections first as a business process. They stress proactive client selection, credit reviews, AR management, and strong contracts with clear payment terms, remedies, fee provisions, and jurisdiction clauses. Sarah and Russell recommend esta...

In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss why employers need clear expense reimbursement policies and procedures for employee purchases and travel paid with company cards or personal funds. The major points they make is employers must communicate guidelines on what qualifies as reimbursable, reduce “gray areas” to avoid confusion and disputes,...

Attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss risks created when clients use AI tools like ChatGPT for legal questions during litigation or transactional matters. They explain that courts are applying traditional attorney-client privilege and work product rules to AI, meaning using public AI can waive protection. They warn against pasting privileged emails or legal strategy int...

Sarah Sawyer and Russell Berger, attorneys at Offit Kurman, discuss how companies should respond when an incident draws public or media attention and reporters seek offhand comments from employees. They emphasize planning before a crisis by creating a crisis communication plan that identifies a point person, establishes a vetting process, and clarifies how messages are shared. They recommend consu...

Attorneys Sarah Sawyer and Russell Burger of Offit Kurman discuss the lawsuit alleging Workday’s AI hiring software discriminatorily screens out certain candidates and what that headline means for employers using AI in recruiting. They outline AI risk areas such as accuracy, confidentiality, intellectual property, and especially bias. Employers who use these programs cannot delegate legal complian...

In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger of Offit Kurman explain why indemnification clauses—often buried in the “miscellaneous” section of contracts—deserve close attention. They describe indemnification as a key risk-allocation tool that determines who pays for defense costs and liability when third-party claims arise. They also discuss how smaller businesses may...

Attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss key considerations when starting a business, focusing on entity structures and formation. They stress beginning with tax implications by consulting an accountant about what entity to form. The next step is working with a lawyer on questions such as which state to organize in, the business’s size and type, plans for growth, and wheth...

Attorneys Sarah Sawyer and Russell Burger of Offit Kurman discuss the idea of the “ironclad contract” and why truly loophole-proof, unbreakable agreements don’t exist. They explain that while contracts can be sloppy or well-prepared, even strong drafting can’t anticipate every unexpected real-life scenario. The episode emphasizes focusing on common contingencies and high-impact issues, treating co...

Attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss how litigation strategy depends not only on cost and risk but also on how long it takes to reach court and trial. Using Maryland as an example, they compare the faster district court process that can reach trial in roughly four to six months and typically under a year, versus circuit court jury trials with full discovery that genera...

In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss what employers should do when they receive an administrative discrimination charge from the EEOC or a state/local agency, whether after terminating an employee or while the employee is still working. They explain that discrimination and harassment claims typically must go through an administrative proc...

Sarah Sawyer and Russell Berger, attorneys at Offit Kurman, discuss how businesses can keep up with compliance as both laws and business activities change over time. They explain that new services, expansions into new states, or shifts in operations can trigger new requirements. Russell recommends doing an annual assessment of business changes, reviewing end-of-legislative-session summaries of new...

In this episode of OK at Work, attorneys Sarah Sawyer and Russell Burger of Offit Kurman discuss how employers should respond to employees using AI at work. They recommend adopting a standalone generative AI policy that sets guardrails on permitted software, confidential information, and acceptable and prohibited uses. Sarah and Russell also stress reducing legal risks such as bias and discriminat...

Attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss online reputation and the law in the context of reviews on platforms like Nextdoor, Glassdoor, Google Reviews, and Yelp. They explain that clients often want a quick cease-and-desist response, but that is not always the best answer. They emphasize setting clear goals, weighing cost and practicality of litigation, and considering how...

In this episode of This Week’s OK at Work , attorneys Sarah Sawyer and Russell Berger of Offit Kurman break down the art and strategy of interviewing job candidates. From avoiding legally risky questions to identifying the right personality fit for a role, they discuss practical ways employers can improve their hiring process. Learn why preparation matters, how to ask better interview questions, a...

Attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss why businesses should prioritize succession planning before a crisis occurs. They explain that succession planning starts at the top in owner-operated companies, including having plans such as a buy-sell agreement for when an owner departs, retires, or exits on an unexpected timeline. They also emphasize planning throughout the mana...

Attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss emerging AI regulations in employment, highlighting Illinois as an example of where other states may follow. They explain that even without AI-specific laws, employers remain subject to existing federal and state employment and anti-discrimination laws, and AI-driven recruiting tools can create liability if they filter candidates wi...

Attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss corporate governance as the documents, procedures, and policies that help create a well-functioning organization. They explain that while forming an entity may be straightforward (e.g., articles of incorporation), the core governance “roadmap” is typically found in agreements which address how owners come together, operate, and fund...

In this episode of OK at Work, Offit Kurman attorneys Sarah Sawyer and Russell Berger explain the difference between defamation and non-disparagement and why these terms often appear in business and employment agreements. They note that defamation is independently actionable without a contract and generally involves a false statement made to a third party that causes damage. Disparagement can be t...

Sarah Sawyer and Russell Berger at Offit Kurman discuss how business owners can respond when they realize they’ve made a legal mistake—often in employment policies—and need to correct course. They note mistakes may come to light through counsel, articles, real-world issues, or even a lawsuit. On this episode of OK at Work, they stress the importance of recognizing the problem, assessing the full s...

On this week’s OK at Work, Sarah Sawyer and Russell Berger discuss the risks and best practices of doing business with family members or significant others. They stress keeping the balance between family and business by treating the venture as a business that is subject to rules, risks, and laws, with clear governance and control. For co-owners, it is best to set ground rules, align on vision, and...

Attorneys Sarah Sawyer and Russell Berger discuss practical contract review tips for business owners who juggle many agreements and worry about delays. They urge using your own standard contracts when possible to speed negotiations and improve control. They suggest working with counsel to identify which provisions are true business terms versus legal term.  Your attorney can assist with deciding w...