Sarah Sawyer and Russell Berger discuss regulations that affect the hiring and application process, including state and local laws on job ads and interviews. They highlight that anti-discrimination, anti-harassment, and accommodation obligations apply to applicants as well as employees. They review topics such as ban-the-box rules on when criminal history may be considered, pay transparency requirements to post reasonable salary ranges, and restrictions on asking about current pay. Sarah and Russell also explain that if a lawful background or credit check (often after a conditional offer) reveals disqualifying information through a third party, the federal Fair Credit Reporting Act requires a two-step adverse action notice process.

00:00 Hiring Law Overview

01:11 Applicants Get Protections

01:37 Ban the Box Pay Rules

02:07 Build Interview Protocols

02:22 Exceptions Patchwork Nuance

03:44 Background Checks FCRA Steps

04:55 Wrap Up

Attorneys Sarah Sawyer and Russell Berger discuss how day-to-day employee management affects both team performance and legal risk, noting that unhappy employees are more likely to sue. They emphasize that performance management, documentation, coaching, and performance improvement plans are important, but should not be treated as mere box-checking. Instead, managers should focus on having effective conversations that actually change behavior and prevent issues from escalating to legal problems. They highlight the importance of clear expectations, thoughtful messaging, and understanding each employee as an individual, since there is no one-size-fits-all approach.

00:00 Welcome and Topic
00:13 Happy Employees Sue Less
00:44 Beyond Box Checking
01:10 Coaching to Change Behavior
01:51 Build A Productive Team
02:55 Know Your Audience
03:21 Desk Method Framework
03:57 Communication and Documentation
04:21 Wrap Up and Goodbye

Sarah Sawyer and Russell Berger, at Offit Kurman, discuss how clients’ growing use of AI tools, can jeopardize attorney-client privilege and confidentiality. They warn that entering sensitive facts into open AI platforms may be treated like sharing them publicly under certain terms of service. Recent cases show that AI-generated materials created before hiring counsel may not become privileged by later giving them to an attorney. They recommend not to run lawsuits or legal defenses through tools like ChatGPT due to privilege risks and imperfect accuracy. Clients should start by consulting their attorney and, if AI is used, do so under attorney supervision.

00:00 Client AI Use Risks

00:49 Privilege and Confidentiality

01:23 OpenAI Terms and Exposure

01:45 Recent Cases and Pitfalls

02:27 Don’t Use AI for Defense

03:22 Accuracy Limits of AI

04:17 Use AI With Your Lawyer

04:38 WebMD Printout Analogy

05:06 Key Takeaways and Wrap

05:54 Closing Goodbye