OK at Work

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. 

00:00 Online Reviews Overview

00:48 Client Panic and Options

01:17 Cease and Desist Reality

02:28 Set Goals and Strategy

03:08 PR and Response Tactics

04:10 When to Do Nothing

04:22 Reputation Pros and Wrap Up

• (00:00) - Online Reviews Overview

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.

00:00 Introduction to Interviewing Candidates

00:51 Legal Considerations When Interviewing

01:23 Understanding Personality and Fit

02:34 Asking Effective Experiential Questions

03:14 Planning Ahead for Success

04:06 Balancing Flexibility and Structure

05:11 Closing Thoughts

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.

00:00 Succession Planning Intro

00:27 When Life Happens

00:53 Owner Transition Basics

01:25 Who Is Your Backup

01:57 Handling Uncomfortable Talks

02:56 Insurance Mindset Planning

03:23 Protecting People and Business

03:47 Clarity During Crises

04:24 Wrap Up and Goodbye

• (00:00) - Succession Planning Intro

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.

00:00 AI Rules at Work

00:38 Illinois Leads the Way

01:08 Bias in Recruiting Tools

02:03 Policies and Guardrails

02:40 Disclosure and Transparency

03:33 Explain Your AI Process

04:09 Data Privacy and Security

04:49 Wrap Up and Next Steps

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.

00:00 Corporate Governance Overview

00:48 Entity Formation Basics

01:04 Key Agreements Roadmap

01:59 Decision Making Framework

03:08 Delegating Authority Fast

03:48 Follow the Rules Document

04:15 Wrap Up and Goodbye

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.

00:00 Intro and Topic

01:04 Defamation Basics

01:52 Disparagement Explained

02:28 Why Contracts Include It

03:34 Finality and Confidentiality

04:32 Wrap Up and Sign Off

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.

00:00 Fixing Legal Mistakes

01:13 How Problems Surface

01:54 Plan and Message Changes

02:56 Avoid Knee Jerk Fixes

04:16 Unwinding Complex Policies

04:45 Strategic Implementation Options

05:32 Scope It Out and Wrap Up

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.

00:00 Family Business Risks

01:27 Governance Ground Rules

02:03 Operating Agreement Essentials

02:57 Hiring Family Legally

03:52 Role Clarity Operations

04:33 Sale Prep Paperwork

05:37 Wrap Up

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.

00:00 Contract Review Intro

00:42 Common Owner Concerns

01:12 Use Your Own Templates

01:46 Business vs Legal Terms

02:32 Intent and Mutual Understanding

03:51 Know Before You Sign

04:16 Red Flags and When to Ask

04:47 Wrap Up

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