June 8-15, 2024
CLEs take place on Mon-Wed-Fri
Radisson Blu Hotel, Edinburgh City Centre
80 High Street, The Royal Mile, Edinburgh EH1 1TH, United Kingdom
Visit the area at your leisure.
Stephen Tierney is Legal Adviser to the UK House of Lords Constitution Committee and Board Member of the Scotland Judicial Appointments Board. He is Professor of Constitutional Theory at the University of Edinburgh, Distinguished Research Fellow at Notre Dame Law School, and Fellow of the Royal Society of Edinburgh. Professor Tierney’s research interests are UK constitutional theory and comparative constitutional law. He has published ten books, including those on constitutional law, contract law, federalism, some drawing heavily on American federal history.
Harry Borovick is General Counsel at Luminance, which provides legal technology to more than 25% of the Global Top 100 law firms, spanning over 60 countries. He has specialized in the regulation of technology in the UK and US markets, previously leading the UK legal function for NASDAQ-listed AdTech’s Live Ramp. As regulatory counsel to international sports betting company Kambi, with services on six continents, he negotiated contracts for online gambling services with states across America. He is also a visiting scholar of law at the University of Edinburgh.
Cynthia A. Braun has practiced for 30 years in the areas of personal injury and medical negligence, holding licenses to practice in Arizona, New Mexico, and on the Navajo Nation. Her focus on securing equitable outcomes through ADR to resolve claims and recovery is backed by substantial trial experience and medical knowledge to prosecute cases involving complex medical issues. In 2022, she was appointed by the Arizona Supreme Court to two State Bar committees including the Committee on Character and Fitness and the Board of Legal Specialization, further showcasing her commitment to legal excellence and her top professional rating.
Arrival
Transportation from airport to hotel provided
Upon your arrival in Edinburgh, relax and enjoy some personal time. Take a stroll and explore at your own pace. Ask for directions to the best stovies or Scottish pies.
7:00 p.m.
Informal meet and greet in the hotel bar
8:00 a.m.
Depart hotel for private visit of the Edinburgh Castle
Marvel at the breathtaking views of the city from this ancient stronghold, renowned as the most besieged castle in all of the UK. Immerse yourself in history as you stroll through the Portcullis Gate, a remarkable structure that has stood for over 400 years. See the six-gun Argyle Battery. Within the castle’s walls you’ll learn about Scotland’s captivating past and view the stunning Great Hall.
10:00 a.m.
Walking tour of the Royal Mile
Embark from the mighty Edinburgh Castle on a fascinating tour of the city’s landmarks. This walk takes you on a journey harkening back to medieval times. You’ll pass by the iconic Church of Scotland, the St. Giles’ Cathedral. The tour leads to the beautiful Scottish Parliament building and back on the Royal Mile to the Palace of Holyroodhouse.
12:00 p.m.
On your own for the rest of the day
12:00 p.m.
CLE Check-In with lunch for CLE Attendees
12:45 p.m.
Welcome and announcements
1:00 p.m. to 2:00 p.m.
Common Law and Common Origins: Legal History of England, Scotland, and the US
Presented by: Stephen Tierney, Adviser to the UK House of Lords Constitution Committee
We know that American law evolved from English common law. But how? And what of Scots law, with its distinct Roman law origins? Did legal traditions from Scotland also cross the Atlantic? Professor Tierney, a legal adviser to the UK government and professor of constitutional theory, will explore the captivating history – amusing in some ways, alarming in others – that shaped the US legal framework. This presentation will recount the evolution of common law and civil law from feudal origins, pivotal historical events, landmark court cases, and revolutionary reforms that changed everything. We’ll then hear about a range of differences in English, Scottish, and American law. With that, you’ll be ready to start walking the streets of Edinburgh without getting sued or arrested!
2:00 p.m. to 3:30 p.m.
Judges and Trials in the UK
Presented by: Stephen Tierney, Adviser to the UK House of Lords Constitution Committee
Things are also different once you get to court in the UK. First, there’s the judges. Professor Tierney, Board Member of the Scotland Judicial Appointments Board, will discuss how Scotland’s judicial appointments are entirely different than in the US, and less controversial. Instead of presidential appointments and a major role for the US Senate, how about an independent body composed largely of lay people? How would that play in America?
And then there’s the juries. Did you know that Scottish criminal courts consider three possible verdicts? Hear about the ‘not proven’ verdict and its resulting controversy. We’ll also explore evidence rules, hearsay, trial procedure, the protection of vulnerable witnesses, and proposals to dispense with juries altogether in some criminal cases.
3:30 p.m.
15-minute break
3:45 p.m. to 5:15 p.m.
Connecting Constitutions: UK Influence and Famous Scots
Presented by: Stephen Tierney, Adviser to the UK House of Lords Constitution Committee
Who from Edinburgh signed the American Declaration of Independence? Who eloped from Scotland to America with an Edinburgh lawyer? Who handed the presidential keys to George Washington? Which Edinburgh churchyard sparked the British revolution against King Charles I?
Professor Tierney, founding Director of the Edinburgh Centre for Constitutional Law, will delve into the fascinating world of constitutions. Discover the profound influence of the UK constitution on the formation of the American Declaration of Independence, and the Scots who played vital roles in American revolutionary history. Before we’re done, you’ll know all the legal landmarks in Edinburgh you should visit!
Evening
Dinner on your own
9:00 a.m. - 6:00 p.m.
Choose 1 of 4 Tours
Lunch on your own
9:00 a.m. to 10:00 a.m.
Mastering International Business Law
Presented by: Harry Borovick, General Counsel at Luminance
Today’s businesses regularly operate in multiple countries, subject to varying domestic and international rules. This presentation will cover the law and practicalities of negotiating international contracts, advising clients, and the specter of cross-border disputes. Our speaker, visiting scholar of law at the University of Edinburgh, will focus on businesses straddling the UK and US, then walk through surprising legal issues you wouldn’t expect if you don’t regularly practice international business law.
10:00 a.m. to 11:00 a.m.
Gambling Everywhere and Chaos in the Law
Presented by: Harry Borovick, General Counsel at Luminance
Sports wagering is legal again! In 2018 the U.S. Supreme Court declared unconstitutional the 1992 Professional and Amateur Sports Protection Act (PASPA), allowing states to regulate sports wagering. The UK and US regulate gambling entirely differently. Our speaker is former regulatory counsel to sports betting company Kambi, with services on six continents. He’ll cover those differences and explore how gambling companies are currently operating on either side of the pond, and on both at the same time
11:00 a.m.
15-minute break
11:15 a.m. to 1:15 p.m.
Tech Is Changing Everything: AI, Privacy, and More (1 ethics)
Presented by: Harry Borovick, General Counsel at Luminance
The EU and UK have taken on a holistic approach to privacy and technology, while the US has implemented legislation incrementally. GDPR and the Data Protection Act regulate much of what happens in the UK and EU, including US companies operating marketing overseas. This presentation will compare the significantly different frameworks, including varying agency oversight. Tied into everything tech are the rules and protections for intellectual property. We’ll hear about these issues from the General Counsel of one of the widest-reaching legal technology companies in the world.
7:00 p.m.
Dinner at the Signet Library
The Signet Library holds a significant connection to the judiciary system since its establishment in the late 18th century. Located in Parliament Square, this historic institution has long served as a hub for legal professionals and the administration of justice. Within the library’s grand halls, legal practitioners have gathered for meetings, consultations, and discussions throughout the years. Tonight we will dine in its distinguished surroundings.
Kilt and sash rental is available and encouraged. [Additional charge]
9:00 a.m. - 6:00 p.m.
Choose 1 of 4 Tours – Choose a different tour or the same one!
Lunch on your own
9:00 a.m. to 11:00 a.m.
Malpractice Standards: Scotland, England, and the US (1 ethics)
Presented by: Stephen Tierney, Adviser to the UK House of Lords Constitution Committee
Ethics are ethics, right? But malpractice standards are the rules of our legal profession, and they vary by jurisdiction. We’ll discuss overlap and differences, as well as strategies for malpractice mitigation and prevention. For example, did you know that American personal injury lawyers can avoid liability for their clients’ tax and financial issues by getting informed consent to a “limited scope engagement”? This presentation will address issues of client communication, conflicts of interest, confidentiality, and attorney-client privilege.
11:00 a.m.
15-minute break
11:15 a.m. to 12:45 p.m.
Immigration After Brexit and Crossing the Pond
Presented by: Stephen Tierney, Adviser to the UK House of Lords Constitution Committee
Brexit didn’t stop immigration, but things are certainly different. Labor migration is down, while student migration is up, and the UK just passed the Illegal Migration Bill. This presentation will focus on US-UK immigration, and address how the UK still has to work with the European Union on migration issues. We’ll discuss everything from green cards to work visas, impacts on spouses, and even deportation. Plus a number of odd situations and “lessons to learn” from around the world. We’ll hear about this from Professor Tierney, legal adviser to the UK House Of Lords Constitution Committee on its recent report on the UK Illegal Migration Bill.
12:45 p.m. to 1:15 p.m.
Beyond Hot Coffee: Civil Damages in American Courts
Presented by: Cynthia A. Braun
While the traditional “common law” continues to be the foundation for most civil cases, the law on civil damages has undergone expansion in American jurisprudence. Sometimes, the results may seem bizarre or even preposterous to Scottish jurists. You may be surprised to learn what really happened in the McDonald’s Hot Coffee trial, which happened in Albuquerque, New Mexico. Find out why the jury was motivated to return a large verdict for the plaintiff and how the trend has continued. This presentation will also discuss efforts by “red” States to “cap” damages and limit recoveries (a movement known as “tort reform”), and how the plaintiff’s bar continues to fight for the rights of the “little guy” against government abuses, Big Pharma, corporate greed, drunk drivers and other wrongdoers in our communities. You will hear about recent exceptional jury awards and settlements to highlight the evolution of the American law of damages.
6:30 p.m.
Good-bye Dinner and Whiskey Experience
Prepare to be enchanted by a thoughtfully curated menu featuring exquisite Scottish cuisine, perfectly paired with a selection of fine whiskeys. Experts will guide you through the art of whiskey tasting and you’ll certainly enjoy the rich flavors, aromas, and the traditions of Scotland’s iconic spirit in this delightful and memorable dining experience. Soft drinks are also provided.
Departure
Time to head home
Airport shuttles provided.
One Traveler
$7,000
Two Travelers
$8,500
Two Attorneys
$9,500
We'll secure CLE credit approval in your state AFTER you register.
If you register less than 45 days before the conference we'll instruct you on how to secure credit yourself.
Specialized credits are based on our assessment of their qualifications, subject to your state's approval.