Counsel Without Borders

In this episode of Counsel Without Borders, we speak with Donald English, co-leader of Morgan Lewis’ Trial Ready team, about why employers should approach every workplace dispute as though it could end up in front of a judge or jury.

He explains what being genuinely trial ready means in practice: getting HR, legal, and senior management aligned, identifying and preparing witnesses early, preserving critical evidence and making sense of the growing volume ofdigital communications.

We also discuss how early missteps can undermine an employer’s position, why the ability to demonstrate a willingness to go to trial can transform settlement negotiations, and how to strike the right balance between being prepared to fight and knowing when to settle.

In this special episode, we speak to Jonathan Berry, Solicitor of Labor at the US Department of Labor, about the legal priorities, enforcement philosophy, and regulatory changes shaping the administration’s approach to work andemployment.

Author of the Labor Department chapter in Project 2025’s Mandate for Leadership, Berry has attracted criticism from unions and civil-rights groups concerned about the future of worker protections. Now in office, he explains how he sees his role as an enforcer of the law rather than a maker of policy, and what that distinction means in practice.

He also unpacks his “Big, the Bad, and the Ugly” approach to enforcement, the decision to give greater deference to workplaces covered by collective bargaining agreements, and whether European-style works councils and employeerepresentation on company boards could have a place in the American workplace.

The discussion also provides an update on proposed changes to independent-contractor and joint-employer rules, his thoughts on loosening restrictions on hazardous work for teenagers, as well as the Trump administration’s “Project Firewall” and growing scrutiny of employer-sponsored H-1B visas and green card applications.

In this special episode of the Counsel Without Borders podcast, we’re joined by Natasha Chell and Christi Hufford Jackson of Laura Devine Immigration for a wide-ranging discussion about the rapidly changing UK and US immigration landscape – and what businesses, individuals, and their advisers can do to prepare for greater uncertainty.

Natasha and Christi explore why both countries need more comprehensive visa reform, the growing problem of clients relying on generative AI for immigration advice, and why employers should be thinking about mobile talent and immigration considerations much earlier in the M&A process.

They also share their perspectives on the practical differences between digital and paper filings and the challenges created by an increasingly volatile enforcement environment on both sides of the Atlantic.

The conversation also examines changing trends around naturalisation, settlement, and renunciation of citizenship, the media’s shortcomings in reporting on immigration issues, and the difficult question of whether employers can recover immigration costs when sponsorships fail.

A specialist in contentious partnership, employment, and discrimination law, Fox & Partners’ Catriona Watt explains why due process is particularly important in senior-level terminations and how getting it wrong can have significant consequences. Watt also reflects on her experience working on both sides of disputes, including lessons from emotive cross-border litigation and representing law firms and partners.  In a wide-ranging conversation, she further explores the challenges of team moves amid increasingly aggressive hiring practices, the growing importance of non-financial misconduct in financial services, when employers should consider arbitration or mediation, and what happens when PR considerations and legal advice point in different directions?

Singapore's employment landscape is on the cusp of its biggest transformation in decades. In this episode, Drew & Napier co-heads Kelvin Tan and Benjamin Gaw discuss what the Workplace Fairness Act will mean for employers, whether businesses are ready for the changes ahead, and the challenges of balancing foreign talent with local hiring expectations. They also share their thoughts on junior lawyer wellbeing, leadership in the profession, and the employment issues keeping their clients awake at night.

Maria Crabb joins Counsel Without Borders to discuss her journey from private practice to becoming Palo Alto Networks’ sole employment lawyer across Asia-Pacific. Maria explains why non-compete are among her favourite issues to deal with, why understanding local culture is just as important as knowing the law – especially in South Korea! – and how to handle sensitive complaints when there is no easy answer. The conversation also explores how AI is making even routine matters more complex, what she values in external counsel, and how the role and expectations of in-housers have fundamentally shifted. Along the way, Maria discusses mentorship, leadership, and what keeps her awake at night.

With more than a decade of in-house experience across multiple jurisdictions, Liz Williamson has built a truly international employment law career. Now at Swedish-Swiss technology company ABB, she shares how fostering workplaces where everyone feels a genuine sense of belonging has become a key priority. She also discusses why she enjoys workplace investigations, the professional challenges and personal toll of restructurings, and the importance of staying alert to the risks of AI. Along the way, Liz reflects on pushing herself beyond her comfort zone, how the in-house employment lawyer's role has evolved, and what she values most in external legal advisers.

Visiting Singapore this week, Stephen Woodbury, co-head of the newly merged Ashurst Perkins Coie’s international employment group, joins us to discuss what it takes to integrate a truly global practice. He shares insights on aligning cultures, bringing teams together across jurisdictions, and how clients stand to benefit from the expanded platform. The conversation also explores lessons from client-side mergers, the outlook for further market consolidation, the firm’s growth ambitions in Asia, the junior lawyer pay war, and limitations of AI.

Is Germany overregulated? In this episode, Baker McKenzie's Steffen Scheuer unpacks a stable yet highly regulated employment law landscape and the pressures confronting Europe’s largest economy. From AI-driven layoffs and large-scale restructurings to navigating works councils, unions, and workplace complaints, he shares practical insights for employers operating in Germany – while also reflecting on the value of authenticity in a career in private practice.

Aaron Goonrey, APAC practice leader at Pinsent Masons, discusses the importance of understanding client motivations, responding to AI-generated claims, and the realities of practising in Australia’s highly litigious landscape. He also considers outside-the-box remedies to resolving complaints,trade union power down under, the growing challenges of modern slavery due diligence, and the skills needed to build a career as an international employment lawyer.