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

In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss information governance—how businesses manage data and information with an eye toward compliance and future needs. They note that companies create and store vast amounts of digital records. They should ask what information they have, what they do with it, how long they keep it, and how to dispose of it safely. Sarah and Russell emphasize having a plan that reflects best practices and industry guidelines, addresses retention and cost considerations, and includes a litigation hold protocol to preserve data during disputes. Businesses should know what data they collect (including via apps), and that access controls are critical.

00:00 What Is Information Governance

00:52 Data Everywhere Today

01:29 Retention and Disposal Basics

01:44 Build a Governance Playbook

02:34 What to Keep and Why

03:32 Know Your Data Sources

04:05 Control Access to Records

04:27 Implement and Wrap Up

Sarah Sawyer and Russell Berger of Offit Kurman discuss how business owners can manage legal costs and risk by distinguishing predictable, routine legal work (like handbook updates, contract reviews, and key agreements) from higher-variance expenses like litigation. They explain that proactive compliance projects are easier to estimate, budget, and spread over time, while litigation is harder to predict due to factors such as discovery and limited control over how disputes are filed and resolved. They also note that shifts in laws, enforcement climates, and market forces can increase conflict and lawsuits, offering signals that owners may need to budget more for legal support in certain years. The episode emphasizes that relatively modest preventative fixes can reduce costly problems later and that litigation budgets should account for significant variability.

00:00 Legal Costs Overview

01:09 Budgeting Routine Compliance

01:55 Forecasting Litigation Spend

02:32 External Forces and Disputes

03:44 Prevention Beats Cleanup

04:20 Litigation Cost Control Tips

05:03 Wrap Up

In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger of Offit Kurman explain what to do if you’re served with a complaint or lawsuit. They emphasize staying calm and recognizing that litigation can be a normal part of running a business, then promptly contacting legal counsel to understand what the complaint alleges and what options you have. They warn against pasting the complaint into AI tools like ChatGPT because those communications are not privileged and could become discoverable in litigation. They also stress the importance of confidentiality and attorney-client privilege, responding within required deadlines, and avoiding emotional reactions to one-sided allegations in a complaint so you can take a tactical, objective approach to the case.

00:00 Served with a Lawsuit

00:54 Take a Deep Breath

01:43 Avoid Chatbots and AI

02:27 Call Your Lawyer Fast

02:49 Privilege and Deadlines

03:43 Don’t Respond in Anger

04:37 Wrap Up and Next Time

Sarah Sawyer and Russell Berger explain why legal headlines can be misleading and why readers should look beyond buzzworthy quotes and incomplete reporting. They emphasize that law is nuanced, depends on procedural history and context, and is best understood by reviewing the primary source (the actual case) rather than relying on secondary news summaries. They also note that legal outcomes can quickly evolve as parties and lawmakers respond to decisions, so even accurate headlines may only reflect a moment in time. Their takeaway: don’t change what you’re doing based on a headline—dig deeper and consult the appropriate parties.

00:00 Why Headlines Mislead
01:04 Read Beyond the Article
01:57 Context and Case Nuance
03:13 Decisions Change Behavior
04:03 Practical Takeaways
04:19 Wrap Up

Attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss negotiations in business and legal disputes, including mediation and litigation. They cover preparing before negotiating. They involve weighing the strength of your facts and legal position alongside the other side’s motivations and constraints as well as setting realistic expectations and building leverage. You should be willing to walk away. Finally, they discuss patience and mental preparation which will help you manage pressure and reach a workable resolution.

00:00 Welcome + Why Negotiation Matters for Business Owners

01:07 Know What You’re Stepping Into: Risks, Record, and Strategy Before You Negotiate

01:34 Two Sides of Every Deal: Your Legal Hand vs. the Human Factor

02:15 Setting Realistic Expectations (Even With a “Slam Dunk” Case)

03:42 Leverage, Mediation, and the Myth of ‘Winning’ a Negotiation

04:22 Your Walk-Away Power: Alternatives, Confidence, and the Car-Buying Analogy

04:55 Patience in the Process: Time, Pressure, and Mental Prep

05:45 Wrap-Up and Final Takeaways