Sarah Sawyer and Russell Berger, attorneys at Offit Kurman, discuss what employees, managers, and executives should do when they receive reports of workplace issues, and how business leaders can empower people to escalate concerns. Russell explains the compliance need for clear reporting channels for improper conduct, typically routed to HR, or to an operations leader. They also explain that businesses must establish operational reporting structures through managers, and build open communication with supervised employees. Sarah notes leaders should not assume approachability guarantees reporting, especially as companies grow and add layers. (00:00) - Episode Introduction (00:43) - Why Issues Get Missed (01:19) - Compliance Reporting Channels (01:33) - HR Paths And Alternatives (02:22) - Operational Reporting Lines (02:52) - Leader Blind Spots (03:52) - Growing Pains and Culture (04:14) - Wrap Up
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. (00:00) - Meet the IP Expert (00:37) - AI Creations and IP Risks (01:48) - Infringement from Training Data (03:02) - Protectability and Liability Questions (03:48) - How to Boost Protection (04:53) - Law Catching Up to Tech (06:16) - Final Takeaways and Proactive Steps (07:15) - Wrap Up and Stay Updated
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. (00:00) - Managers Shape Culture (00:54) - Be Intentional Daily (01:15) - Leaders Model Values (02:15) - Empower Consistent Messaging (03:11) - Tough Talks Get Easier (03:39) - Communication Builds Buy In (03:57) - Culture Benefits and Wrap Up
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 on 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. (00:00) - Performance Management Balance (01:11) - Spotting Sudden Declines (02:04) - Checking in without Prying (02:45) - Proactive Manager Habits (03:38) - Stress Culture Fallout (04:10) - Pandemic Lessons Empathy (04:50) - Wrap Up
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. (00:00) - Maryland Leave Timeline (01:01) - State Plan or Private (01:11) - How Paid Leave Works (01:33) - Funding and Contributions (03:11) - Compliance and Notices (03:46) - Update Policies for 2028 (04:15) - Stop Ignoring It (05:01) - Avoid Double Pay (05:42) - Wrap Up and Next Steps