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