As the cannabis industry grows and more states allow cannabis licensing, the ethical duties that cannabis attorneys must balance have grown more complicated. These ethical duties require lawyers to balance and re-evaluate their duty to zealously advocate for their clients with the duty of candor, their duties to all of their cannabis clients – and, at times, their belief systems and why they entered cannabis law originally. Join our expert panel to discuss these duties and how they try to balance them in their cannabis practices and emerge with a renewed sense of how to identify issues that may challenge competing duties as attorneys and ways to resolve these conflicts.
This program is eligible for 1 hours of Specialty CLE credit in 60-minute states, and 1.2 hours of Specialty CLE credit in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.
INCBA webinars are generally eligible for credit in the following states: AR, AL, CA, CO, GA, HI, IL, NJ, NM, NY, ND, PA, TX, VT. Additional states may be available for credit upon self-application by attendees. States typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program.
The on-demand version of this webinar is eligible for credit in the following states: AR, AL, CA, CO, GA, HI, IL, NJ, NM, NY, ND, PA, TX, VT. Additional states may be available for credit upon self-application by attendees.
(Default credit disclaimer updated 02.08.2024)
For current accreditation status, please select your jurisdiction below.
Balancing Zealous Advocacy With the Duty of Candor - and Conscience PPT.pptx
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Hawk v. Superior Court.pdf
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In re Marriage of Davenport.pdf
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Outline - Ethics Credit - Balancing Zealous Advocacy.pdf
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Joslin Monahan is a trial and appellate litigation attorney experienced in municipal, real estate, business, receiverships, adversarial bankruptcy, and land use and zoning litigation. Ms. Monahan has a robust, full-service cannabis law practice serving individuals and companies that grow, produce, distribute and sell a wide variety of goods and amenities.
Cannabis Law
Ms. Monahan is a recognized authority in emerging cannabis law matters, including entity formation, applicant requirements and background checks, and licensing with Michigan’s Cannabis Regulatory Agency as well as municipal licenses, permits and ordinances. She counsels business interests in the cannabis industry, which encompasses marijuana, industrial hemp and CBD. Ms. Monahan has helped with financing structures, real property use, insurance coverage, dispute resolution, and regulatory compliance.
Beginning in 2012, Ms. Monahan served as Cooperating Attorney with the ACLU of Michigan in the critical decision making process supporting the decriminalization of the possession and use of marijuana in Grand Rapids. Ms. Monahan continues to be a vocal advocate for social justice issues, with particular emphasis on ensuring participants within the cannabis space create opportunities for persons of color wherever possible. The Michigan Supreme Court denied further review of the signature case in 2015, affirming the Michigan Court of Appeals 2013 dismissal of the prosecutor’s lawsuit. This case helped pave the way for the eventual vote legalizing cannabis for recreational use in a statewide ballot in 2018.
Ms. Monahan is a member of the International Cannabis Bar Association (INCBA) and the State Bar of Michigan’s Marijuana Law Section.
Articles and Presentations
Ms. Monahan is a frequent speaker on various cannabis and litigation related topics, including presentations on licensing, professional ethics, hemp regulations, and FDA compliance.
Professional Affiliations, Activities, and Honors
Ms. Monahan is Chair of the Western Branch of the ACLU of Michigan (6/2015 – Present) as well as a member of the Western Branch of the ACLU of Michigan (6/2014 – Present). She is also a member of the Lawyers Committee for the Western Branch of the ACLU of Michigan (10/2013 – Present).
Education
Ms. Monahan was awarded her law degree from the University of Maryland Francis King Carey Law School in 2007. While in law school, Ms. Monahan was a member of the Journal of Health Care Law and Policy and a member of Phi Delta Phi. Ms. Monahan also received her Masters of Arts degree in Philosophy from the University of Montana in 2003, where she was the recipient of the University of Montana Philosophy Department full scholarship teaching assistantship. She obtained her B.A., summa cum laude, from Hope College in 2000 where she was awarded the Hope College Presidential Scholarship and was a member of Phi Beta Kappa.
Ms. Monahan is admitted to practice in the State of Michigan, the United States District Court for the Western District of Michigan, the State of Montana, the United States District Court for the District of Montana, United States Bankruptcy Court for the District of Montana, and the United States Court of Appeals for the Ninth Circuit.
Shoran Reid Williams’ litigation practice spans more than 25 years. It ranges from in-house counsel for a Fortune 500 insurance company to law firm practices in both Georgia and Michigan. In addition, she has spent several years as an adjunct law professor, author and small business owner.
Litigation Practice
Ms. Williams’ litigation practice experience extends into the areas of administrative law, civil litigation, appellate law, personal injury and family law. Regardless of the type of dispute, as an experienced lead attorney she is adept at working with a wide-range of clients on:
Advising on legal implications
Drafting and arguing briefs
Negotiating agreements
Resolving cases through appropriate dispute resolution including mediation, arbitration and trial
Ms. Williams has successfully obtained favorable results for her clients in state and federal courts and before government agencies.
Cannabis and Hemp Industry
Ms. Williams is a trusted advisor on legal issues related to the rapidly growing and evolving cannabis and hemp industry in North America. Two noteworthy bills that have accelerated the interest in the industry are the United States 2018 Farm Bill and Michigan’s activation of authority pursuant to the United States 2014 Farm Bill being utilized to launch the State’s Industrial Hemp Ag pilot.
Ms. Williams is familiar with the ins and outs of the 2018 Farm Bill and including the fact that marijuana remains a Schedule 1 drug in the U.S. She can counsel Michigan entities on the licensing process, THC testing procedures, inspections, disposal of plants carrying >0.3% TNS and record keeping.
Ms. Williams assists business owners with issues related to being in the cannabis and hemp industry or wanting to do business with growers and suppliers in this industry. Some of the legal issues that intersect including: compliance, trade secrets, finance, interstate transportation, dispute resolution, and acquisitions.
Change Agent and Thought Leader
Ms. Williams works with clients to gain their respect through realistic, strategic initiatives that anticipate the changing needs of the workforce, building a winning culture and driving continuous improvement. She endeavors to decrease the costs and complexity of initiatives in order to optimize resources focused on business outcomes.
Ms. Williams is an advocate for sustainable change with regard to diversity and believes that requires involving the right parties and effectively engaging with them on issues.
Professional Affiliations and Activities
Ms. Williams is a member of the American Bar Association Personal Injury Law Section. She is also a member of the State Bar of Michigan and the Grand Rapids Bar Association. She is licensed in the state of Georgia and practiced in Atlanta for a number of years. She continues to be a member of the Georgia State Bar, and is a past member of the Georgia Trial Lawyers Association and the Georgia Association of Black Women Attorneys.
Ms. Williams was an adjunct professor at Florida Coastal School of Law for several years. She created and taught the Personal Injury Law course in addition to Pre-Trial Litigation and Contract courses.
In 2020, Ms. Williams was accepted into the Leadership Council on Legal Diversity (LCLD) Fellows Program. The program accepts mid-career attorneys with strong leadership and relationship skills who are committed to fostering diversity within the country’s leading law firms and largest companies, and the legal profession at large.
Publications and Presentations
Ms. Williams is the author of “Waking the Sleeping Demon: 26 Hours of Terror in Atlanta”, a non-fiction account following the life of a prosecutor during the hours that Brian Nichols escaped from and eluded police. The book was selected as a Freshmen Reading Experience by Tiffin University and was later made into a MSNBC documentary. She spoke across the country on topics raised in the book.
She is a requested presenter and author for topics related to the burgeoning hemp industry. In Winter 2020, Ms. Williams authored the article, “The Best-Laid Plans. Social Equity Programs and the Cannabis Space.” in MiCIA Magazine, the official trade journal of the Michigan Cannabis Industry Association. In June 2019, Ms. Williams presented “Is Hemp Worth the Hype?” at the Business of Marijuana in Michigan seminar in Grand Rapids. The conference offered continuing education credits and was hosted by the Rossdale Seminar Group out of Miami, Florida. She is also sought-after by civic organizations and community groups for monthly meetings. In addition, Ms. Williams was interviewed for the article “A Legal State: Women in Marijuana Give Their Perspective on Michigan’s Green Frontier” in West Michigan Women’s Lifestyle magazine in the March 2019 issue.
Community Activity
Ms. Williams is always exploring avenues and ways to give back to the community especially in areas that impact women and families. She currently serves on the Advisory Board for the Womens’ Resource Center and is a member of Inforum – women’s alliance.
Education
Ms. Williams earned her J.D. from The Ohio State University Moritz College of Law in 1994. She participated in the St. Anne’s College of Law Program at Oxford University. She was on the National Moot Court Team. Ms. Williams received a Bachelor of Public Administration degree from Miami University in Ohio in 1991.
She is licensed to practice in Michigan and Georgia.
Timothy L. Alger is a civil litigator, mediator, and owner of Alger Law APC and Alger ADR Services. Tim makes himself available nationwide to mediate and arbitrate disputes among businesses and individuals, and is a member of the American Arbitration Association’s esteemed Roster of Arbitrators. Tim’s expertise in the cannabis industry and 33 years in commercial litigation, and extensive training and experience in mediation and arbitration, make him a valuable resource for resolution of disagreements without the high cost of litigation in court.
Formerly the head of litigation, employment law and trademarks at Google and an equity partner at three major international law firms, Tim has represented leading internet, media, entertainment and advertising companies in regulatory disputes and litigation over trademarks, copyrights, unfair competition, contracts, free speech, defamation, and privacy. In addition to his own practices as a neutral and litigator, Tim serves as of counsel to the law firm of Harris Sliwoski LLP.
Tim has represented legal cannabis businesses in civil litigation and regulatory disputes with governmental entities. Recent representations in this industry include civil litigation over trademarks, contracts, relocation of a cannabis dispensary, excessive fines on cannabis cultivators, civil rights violations by law enforcement agencies, and ownership and management disputes in cannabis business partnerships and companies.
In other industries, Tim has represented a variety of companies and individuals in disputes over corporate acquisitions, business relationships, and financial issues. His work ranges from complex, multi-defendant class actions to disputes over subpoenas and public access to government proceedings and records. Tim’s business litigation work included post-trial and appellate representation of an international office supply company, in which Tim obtained the reversal for his client of a $32 million jury verdict for fraud and breach of an advertising contract. Tim’s work also included representation in the trial and appellate courts of a billboard company that successfully challenged the City of Los Angeles’ inconsistent regulation of outdoor signs.
Tim has been an outspoken advocate for First Amendment and other civil rights for nearly five decades, both as an attorney and journalist. He was lead counsel in two watershed Ninth Circuit cases interpreting Section 230 of the federal Communications Decency Act, which provides protection to internet companies that host content created by others. Tim also successfully represented clients in the Ninth Circuit in free speech cases of first impression involving the posting of controversial content on YouTube and on online roommate and dating services. As outside counsel and during his tenure as Deputy General Counsel at Google, Tim led Google's defense against lawsuits over copyrighted material posted online without owner consent, and the use of trademarks without owner consent in internet search advertising by competitors. Tim’s team obtained complete victories in two patent jury trials in the Eastern District of Texas. Tim and Google also took leading roles during Tim's tenure in controversies over news aggregation, online piracy, privacy rights, software patents, and open source licensing.
He recently obtained the reversal in the California Court of Appeal of a court order that held his client liable for debts incurred by a cannabis delivery company prior to the client’s acquisition of the company in a reverse triangular merger. Other victories include the dismissal of a federal lawsuit challenging a social network’s decision to remove material violating the network’s policies, which was affirmed by the Ninth Circuit, and the California Court of Appeal’s holding that electronic communications cannot be disclosed by a service provider without the user’s express consent.
Tim has offices in Santa Barbara, Los Angeles and San Francisco, but appears regularly in courts throughout California and has a national practice in the federal trial and appellate courts. He holds mediations and arbitrations in-person at any of his offices or via video conferencing, and will travel when requested.
Tim is a frequent speaker on cannabis law, online intermediary liability, publicity and privacy rights, and defamation. His pro bono work has included representation of a state prisoner beaten by guards, a blind college student excluded from classes because of her disability, college newspapers, a mother and daughter subjected to excessive commercial fines for a medical marijuana garden, and public school students and parents seeking special education services.
Before attending law school, Mr. Alger was an award-winning newspaper reporter and editor.
Shay Aaron Gilmore advises and counsels exclusively cannabis and hemp operators and investors through the corporate, commercial, and regulatory complexities of California’s legal markets, focusing on private mergers & acquisitions, joint ventures, private equity financings, distribution and supply agreements, licensing and product development, and regulatory compliance matters. California’s largest legal news periodical, The Los Angeles/San Francisco Daily Journal, has recognized Shay as one of the Top 20 Cannabis Lawyers in California. Super Lawyers® Magazine has named Shay as a Northern California Super Lawyer in Cannabis Law for several years, and, in 2024, as one of the Top 100 Northern California Super Lawyers across all practice areas. Shay serves as the Immediate Past Chair of the Bar Association of San Francisco Cannabis Law Section and as the current Chair of the California Lawyers Association Cannabis Practitioners Group. In 2023, the Board of Supervisors of the City and County of San Francisco appointed Shay to a seat on the San Francisco Cannabis Oversight Committee, to advise the San Francisco Mayor and Board of Supervisors regarding cannabis laws and regulations. Shay provides pro bono legal services to verified equity applicants under the Cannabis Equity Program administered by the San Francisco Office of Cannabis. Shay holds a B.A. in Economics from Rice University and a J.D. from The University of Texas School of Law.