Labor and Employment
Understanding the Importance of Indemnification Clauses
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 face more aggressive indemnity terms from larger companies, the importance of negotiating reasonable limits, and the need to understand accepted risk upfront to avoid surprises when an indemnification claim arises.
August 4, 2026
Labor and Employment
Setting Up Your First Business Entity
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 whether additional owners will join. They emphasize the importance of having foundational documents that serve as a roadmap for ownership terms, operating expectations, and what happens if owners exit or the business is sold. They also highlight assessing business risks and insurance needs, aligning co-owners’ risk tolerances, and considering multi-entity structures to better allocate and reduce risk.
July 28, 2026
Labor and Employment
Myth or Reality of Ironclad Contracts
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 contracts as adaptable documents that evolve as circumstances and business needs change.
July 21, 2026
Labor and Employment
Efficient Litigation Balancing Time and Cost
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 generally take at least a year. They note that time affects leverage and helps explain why most civil disputes settle. Timelines can vary by state, county, case volume, COVID-era disruptions, and factors like AI and pro se litigants.
July 14, 2026
Labor and Employment
Preparing for Employee Discrimination Notices
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 process before court. You must take the notice seriously, engaging in the process to build leverage and improve litigation posture. They also note the process can be slow and inconsistent, which can sometimes benefit employers, and stress planning to avoid retaliation concerns if the charging party remains employed.
July 7, 2026
Labor and Employment
Mastering Business Compliance
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 laws, and staying current on industry and state developments. They highlight making compliance process-oriented by centralizing obligations on a compliance calendar. Sarah adds that delegating to roles like HR or operations, continuing education, and routine seasonal check-ins can help prevent penalties and operational disruptions.
June 30, 2026
Labor and Employment
Establishing Effective AI Policies
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 discrimination, guiding employees away from unofficial sources, and using approved platforms with controls for sensitive areas like management and recruiting.
June 23, 2026
Labor and Employment
Tactics for Managing Negative Online Feedback
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 the reviewer might react to legal pressure versus being ignored. The episode highlights alternative approaches such as marketing/PR strategies, increasing positive reviews, responding publicly to invite direct contact, and engaging the reviewer to resolve issues.
June 16, 2026
Labor and Employment
The Employer’s Guide to Effective Interviews
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, and why “Tell me about a time when…” can reveal far more than simple yes-or-no questions. They also explore how hiring needs can evolve during the interview process and why flexibility is key when finding the right candidate. Whether you're hiring your first employee or growing a team, this episode offers valuable insights for employers across every industry.
June 9, 2026
Labor and Employment
Preparing for Succession Transitions
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 management ranks by asking leaders who would step into their role tomorrow and creating contingency coverage for key responsibilities. Acknowledging these can be uncomfortable and emotional conversations, they argue that addressing them while things are running smoothly helps keep the discussion practical and focused on the shared goal of continued success. Planning ahead, like buying insurance, helps protect the organization, employees, and families who depend on it and allows leaders to manage unexpected events without scrambling.
June 2, 2026
Labor and Employment
Exploring AI in HR Practices
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 with bias. Employers should proactively regulate and monitor how HR and recruiting teams use AI. The episode also notes that hiring and recruiting are likely targets for early transparency and disclosure requirements. Employers should be prepared to articulate how AI is used, what safeguards exist, and how confidentiality and data security are protected when handling job applications and other sensitive information.
May 26, 2026
Labor and Employment
Understanding Corporate Governance
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 the business. They emphasize the importance of clearly defining decision-making authority to enable faster, more decisive action. Sarah and Russell also note businesses must follow and document compliance with these contractual rules, especially for future sales or exits.
May 19, 2026
Labor and Employment
Defamation vs. Disparagement Explained
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 true or opinion-based but negative and is typically not actionable unless parties agree by contract not to disparage each other. They discuss how non-disparagement clauses, often paired with confidentiality provisions, are commonly used after disputes in employer-employee, partner, or business relationships to protect reputations and prevent harmful commentary.
May 12, 2026
Labor and Employment
Correcting Course in Business Practices
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 scope, and creating a plan to stop ongoing exposure. Sarah and Russell explain that implementation and messaging matter, since sudden targeted changes can prompt broader employee complaints. They also caution against rushing implementation, since quick fixes can add risk, and highlight that some issues, like noncompliant PTO or sick leave policies, require unwinding existing obligations and may involve steps such as back pay or interim interpretation changes.
May 5, 2026
Labor and Employment
Balancing Family and Business
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 put an operating agreement in place. When dealing with family employees, business owners should be upfront about roles, pay, compliance, and expectations.
April 28, 2026
Labor and Employment
Tips for Business Owners on Handling Contracts
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 which clauses are deal breakers, critical, or flexible so you know when to escalate questions. They emphasize understanding the contract’s goals and intent to avoid failed agreements and future disputes, and caution against signing provisions you don’t understand.
April 21, 2026
Labor and Employment
Hiring Compliance Overview
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.
April 14, 2026
Labor and Employment
Strategies for Reducing Legal Risks through Communication and Performance Management
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.
April 7, 2026
Labor and Employment
Protecting Privilege in the Age of AI
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.
March 31, 2026
Labor and Employment
Data Management Essentials for Businesses
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.
March 24, 2026
Labor and Employment
Preparing Legal Costs for Your Business
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.
March 17, 2026
Labor and Employment
Business Owner’s Guide to Lawsuit Readiness
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.
March 10, 2026
Labor and Employment
Legal News Headlines vs. Reality
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.
March 3, 2026
Labor and Employment
Negotiation Tips for Business Owners
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.
February 24, 2026
Labor and Employment
Managing Conflict and Controversy in the Workplace
In this episode of 'OK at Work,' attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss strategies for handling conflict and controversial topics in the workplace. With 2026 starting off with many contentious headlines and differing opinions, it’s crucial for employers to manage these issues to maintain a productive work environment. They explore the importance of respectful discourse, the need for clear policies, and how leaders should navigate sensitive situations without causing disruptions. Learn how to balance freedom of expression with operational efficiency in this insightful discussion.
February 17, 2026
Labor and Employment
Valentine's Day Insights on Office Romance
In this Valentine's Day special of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the complexities and legal implications of workplace relationships. They reference a recent Forbes survey revealing that a significant percentage of employees who date or marry colleagues, which can lead to various challenges for employers. The episode talks about potential legal concerns such as harassment, discrimination, retaliation, and favoritism. To address these issues, implementing clear anti-discrimination, anti-harassment, and anti-retaliation policy would be beneficial, as well as handling supervisory relationships with caution. Flexibility and a focus on impact are recommended for effectively managing workplace romances.
February 10, 2026
Labor and Employment
Strategies for Business Resilience in Weather Crises
In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss how businesses can handle weather-related interruptions. From snowstorms to hurricanes, they explore the importance of being prepared, having a flexible plan, and considering both operational continuity and employee safety. Key topics include remote work protocols, handling compensation for exempt and non-exempt employees, and maintaining a positive work culture during disruptive weather events.
February 3, 2026
Labor and Employment
Investing in Employees Amidst 2026 Legal Changes
Join Sarah Sawyer and Russell Berger from Offit Kurman as they kick off 2026 by discussing newly enacted labor laws, upcoming legislative sessions, and emerging trends. This episode focuses on the 'TRAP' laws seen in states like California and New York, which target post-employment training reimbursement obligations. They explore alternatives for employers to invest in their employees within the evolving legal landscape and emphasize the importance of adapting to state-specific regulations.
January 27, 2026
Labor and Employment
Effective Management During Employee Leave
In this week's episode of OK at Work, Sarah Sawyer and Russell Berger from Offit Kurman discuss effective strategies for managing employees who are on leave, such as FMLA or sick leave. They cover important considerations for companies, including how to manage performance proactively, the importance of documentation, and navigating potential risks of retaliation claims. The episode emphasizes the significance of consistent management and following processes to mitigate risks and ensure smooth operations.
January 20, 2026
Labor and Employment
Foundations of Effective Succession Planning
Join Sarah Sawyer and Russell Berger from Offit Kurman as they discuss the critical topic of succession planning in this week's episode of OK at Work. Learn about the importance of standard operating procedures, timing, formalization, and seamless transitions to ensure business continuity when leaders or managers retire or move on. Discover how having a clear roadmap, well-timed exit strategies, and collaborative handovers can help your organization maintain stability and capitalize on new opportunities.
January 13, 2026
OK at Work
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Vlog Overview
OK at Work, hosted by Offit Kurman attorneys Russell Berger and Sarah Sawyer, is a weekly video series that discusses current events and legal issues impacting business owners. From updates on the ever-changing employment law landscape to the risks and benefits of integrating AI into your workplace, subscribe to stay up-to-date on issues and events that may impact you and your business.
Disclaimer
The content presented in this video series is for general understanding and informational purposes only and is not intended to provide legal advice, nor should it be construed as legal advice. The information provided is based on general legal principles and may not reflect the current state of the law or specific details of your case. Laws vary by jurisdiction, and legal outcomes can be highly dependent on the specific facts and circumstances involved. Listening to or using this video series does not create an attorney-client relationship between the hosts, guests, or participants and any listener. It is your responsibility to seek professional legal advice for your specific situation from a licensed professional attorney in your state.
