Offit Kurman

Navigating Intellectual Property in the Age of AI

Russell B. Berger, Sarah M. Sawyer, Marc P. Misthal — Tue, 06 Oct 2026 00:00:00 +0000

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 protection and those facing potential infringement claims. There are unresolved issues about who is responsible—the user, the AI company, or both. Marc recommends documenting AI use, including prompts, emphasizing that more human involvement can increase protectability on a case-by-case basis, and urges business owners to be proactive and consult counsel early.

Intentional Culture Creation in Management

Russell B. Berger, Sarah M. Sawyer — Tue, 29 Sep 2026 00:00:00 +0000

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 culture by clearly defining desired behaviors, communication styles, and expectations. They explain that consistent messaging, strong communication, and knowing employees help make difficult conversations easier, improve retention and productivity, as well as reduce legal risk.

Understanding Employee Performance Shifts

Russell B. Berger, Sarah M. Sawyer — Tue, 22 Sep 2026 00:00:00 +0000

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-ins can help identify issues early, reducing the need for PIPs or reprimands and limiting negative cultural or reputational impacts. Drawing lessons from the pandemic, Sarah and Russell emphasize that employees are often dealing with stressors. Thoughtful support from their managers can help employees get back on track.

Family Leave Updates for Maryland Businesses

Russell B. Berger, Sarah M. Sawyer — Tue, 15 Sep 2026 00:00:00 +0000

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 up to $1,000 per week funded by employee payroll deductions and employer contributions for businesses with 15+ employees. Employers must choose between the state program and a private plan, communicate their choice to the state, and meet registration, payroll remittance, and employee notice requirements.

Maximizing Cash Flow and Collections

Russell B. Berger, Sarah M. Sawyer — Tue, 08 Sep 2026 00:00:00 +0000

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 establishing a clear internal process to identify overdue accounts and decide when to send demand letters or pursue litigation. For industries with frequent slow-pay issues, they suggest creating a repeatable, scalable collections “blueprint” and exploring AI to increase efficiency.

How to Exercise Effective Expense Control

Russell B. Berger, Sarah M. Sawyer — Tue, 01 Sep 2026 00:00:00 +0000

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, and build safeguards such as requiring management approval over a certain dollar amount. There are common challenges in administering these policies day to day, including inconsistent approvals that can create precedents and confusion, and recommend involving multiple departments—such as finance, marketing, and department heads—when creating the policy to address practical questions and reduce risk from employees making decisions in the field.

The Risks of Using AI for Legal Clients

Russell B. Berger, Sarah M. Sawyer — Tue, 25 Aug 2026 00:00:00 +0000

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 into AI for explanations or summaries. Ask your lawyer directly, who can use AI through protected channels. They also note that AI chat histories may trigger litigation hold obligations, including preserving records that might otherwise auto-delete.

Effective Communication in Crisis Situations

Russell B. Berger, Sarah M. Sawyer — Tue, 18 Aug 2026 00:00:00 +0000

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 consulting specialized crisis-communications experts when needed. They also note that high-profile incidents can cause employee concerns, so organizations should support employees with internal resources. They stress the need to keep the business operating and communicate appropriately with the workforce during stressful situations.

Responsible AI Use in Employment Hiring

Russell B. Berger, Sarah M. Sawyer — Tue, 11 Aug 2026 00:00:00 +0000

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 compliance to a vendor and may still face liability if a screening system is biased. They note the lawsuit’s facts are unknown and will be explored in discovery, but employers should ask vendors how tools process information. Employers make screening decisions, consider contractual risk-shifting, add controls or a human review component, and evaluate settings and internal practices to mitigate bias.

Understanding the Importance of Indemnification Clauses

Russell B. Berger, Sarah M. Sawyer — Tue, 04 Aug 2026 00:00:00 +0000

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.