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.

00:00 Served with a Lawsuit

00:54 Take a Deep Breath

01:43 Avoid Chatbots and AI

02:27 Call Your Lawyer Fast

02:49 Privilege and Deadlines

03:43 Don’t Respond in Anger

04:37 Wrap Up and Next Time

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.

00:00 Why Headlines Mislead
01:04 Read Beyond the Article
01:57 Context and Case Nuance
03:13 Decisions Change Behavior
04:03 Practical Takeaways
04:19 Wrap Up

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.

00:00 Welcome + Why Negotiation Matters for Business Owners

01:07 Know What You’re Stepping Into: Risks, Record, and Strategy Before You Negotiate

01:34 Two Sides of Every Deal: Your Legal Hand vs. the Human Factor

02:15 Setting Realistic Expectations (Even With a “Slam Dunk” Case)

03:42 Leverage, Mediation, and the Myth of ‘Winning’ a Negotiation

04:22 Your Walk-Away Power: Alternatives, Confidence, and the Car-Buying Analogy

04:55 Patience in the Process: Time, Pressure, and Mental Prep

05:45 Wrap-Up and Final Takeaways