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On Demand

Government Investigations: How to Position a Client for Success (client interviews; subpoena responses; 4th/5th amendment)


Average Rating:
   6
Bundle:
Litigation Symposium 2023 On-Demand Bundle
Categories:
Litigation
Faculty:
Leo J. Hurley Jr. |  Jessica C. McElfresh |  Tom Haren
Duration:
1 Hour 01 Minutes
Format:
Audio and Video
SKU:
INCBA032123investigationsOD
License:
Access for 6 month(s) after purchase.



Description

To successfully navigate a government investigation of a licensed cannabis client, an attorney needs to assess which government agency (or agencies) is conducting the investigation, what are the potential outcomes, and what conflicts of interest may exist – all while taking in information in real time and often dealing with stressed clients.  Any attorney may need to conduct an internal investigation at the same – and consider when to step aside and call in an expert.  This panel will discuss responding to subpoenas, dealing with evolving disciplinary rules, respecting the Fourth and Fifth Amendment rights of individuals, and properly providing Upjohn warnings.

Credits


General

This program is eligible for 1 hours of General CLE credit in 60-minute states, and 1.2 hours of General 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.



Handouts

Faculty

Leo J. Hurley Jr.'s Profile

Leo J. Hurley Jr. Related Seminars and Products

Partner

Connell Foley LLP


Leo Hurley Jr. is a seasoned litigator with a proven record of success in obtaining favorable jury verdicts, as well as guiding matters to resolution and early settlement, and is routinely called upon to represent corporations and individuals in high-stakes, high-profile and “bet the company” litigation. An aggressive advocate in the courtroom, Leo litigates a wide variety of civil and criminal cases in state and federal courts in New Jersey, New York and across the country. His practice includes the litigation of a wide variety of complex commercial matters and white collar criminal defense and investigations, as well as employment, cannabis, securities, class actions, trade secret, and corporate dissolution/oppressed minority shareholder litigation. He serves as Co-chair of the firm’s Commercial Litigation and White Collar Criminal Defense Groups.

Leo has unmatched courtroom and trial experience. Building upon his prior experience as an Assistant Hudson County Prosecutor, Leo regularly defends and advises corporations, government officials and private citizens in connection with governmental investigations and prosecutions, whether emanating from state and federal regulators or prosecutors. He has effectively, efficiently and successfully assisted clients in navigating matters involving allegations of money laundering, immigration fraud, political corruption, tax fraud, bankruptcy fraud, and other sensitive and complex issues.

In addition, Leo counsels clients on the full range of legal and regulatory issues that are arising as a result of the burgeoning cannabis industry. From advising on corporate matters, financing, and regulatory questions to providing employment counsel, Leo assists cannabis companies in all aspects of their cannabis businesses. His practice extends to the counseling of non-cannabis companies that are equally affected by cannabis legalization and its impact on a business’s operations, employees and opportunities.

Leo also has extensive experience advising commercial lenders, mortgage servicing companies, private equity firms and other financial institutions that look to him for assistance in complex asset recovery proceedings, loan workout and forbearance agreements, and loan sales and purchases. He has successfully litigated contested commercial foreclosure matters and obtained significant recoveries for creditors from personal guarantors of all manner of loans.

With a deep knowledge of various industries, Leo also serves as outside general counsel for public and privately owned small to medium-sized companies in sectors such as financial services, real estate, health care, energy, cannabis and public relations.

Leo punctuates his practice with the courtroom experience he gained as an assistant prosecutor. In that role, Leo prosecuted hundreds of felony cases, including homicides, armed robberies and complex financial crimes. He served as lead trial counsel on 16 jury trials and more than 20 bench trials, many of which required him to present testimony from and cross-examine expert witnesses in diverse fields such as forensic DNA analysis, mechanical engineering and forensic psychology.

While attending Georgetown University, Leo worked on the staff of then-Congressman Robert Menendez.


Jessica C. McElfresh's Profile

Jessica C. McElfresh Related Seminars and Products

Founder and Principal

McElfresh Law, Inc.


Jessica C. McElfresh of McElfresh Law, Inc. has worked in cannabis law and policy since 2010. 
She is the Chair of the International Cannabis Bar Association’s Professional Responsibility and 
Ethics Committee and a member of its Board of Directors.  Jessica focuses on local and state 
applications, land use, regulatory compliance, and business law.  She represents cannabis 
retailers, distributors, cultivators, manufacturers, and testing labs, as well as landlords and 
ancillary businesses.  She has guided clients through successful applications in jurisdictions such 
as the City of San Diego, La Mesa, and the County of San Diego.   


Jessica has authored or advised on nearly ten local ballot measures to regulate cannabis 
businesses.  Successes include Measure U in La Mesa and Measure V in Lemon Grove in 2016 
and Measure H in Encinitas in 2020.  As part of this work, Jessica has won writs of mandate at 
the local and appellate level to compel local governments and registrars of voters to accept 
petitions and count voter signatures. 


Jessica represents people facing discipline or loss of state and local licenses, particularly in the 
cannabis industry.  She began her career in criminal defense and continues to take select cases.  
Jessica has unique experience with the crime-fraud exception to attorney-client privilege and the 
duties of an attorney under investigation or facing criminal charges.   


Outside of her law practice, Jessica is an advocate for cannabis and broader drug policy reform.  
She is an advisory board member for A New PATH, an organization dedicated to promoting 
therapeutic rather than punitive drug policies.  Jessica served as a consultant for the American 
Civil Liberties Union Foundation of Northern California about how Proposition 64 affects 
criminal justice reform and individual rights.   


Jessica grew up in San Diego and graduated summa cum laude from Scripps College before 
attending the University of San Diego School of Law on a Dean’s Honor Scholarship.  She has 
spoken at conferences and taught continuing legal education classes for organizations and law 
schools including the National Cannabis Industry Association Business Summit & Expo, California Lawyers Associatoin,
Practicing Law Institute, International Cannabis Bar Association, San Diego County Bar 
Association, and University of San Diego School of Law.  Her publications include “Attorney 
Ethics and Cannabis: Conflicts of Laws, Conflicts of Interest, and Attorney-Client Privilege for 
Cannabis Practitioners” (CLA Real Property Journal Vol. 38, No. 4 2020).

 


Tom Haren's Profile

Tom Haren Related Seminars and Products

Partner

Frantz Ward LLP


Tom represents growing businesses at each stage of their development, and is regularly asked to serve as outside general counsel for his clients. In that role, Tom advises his clients with respect to innumerable legal issues, including regulatory compliance, corporate governance, contract negotiations, risk management, litigation and other day-to-day business issues. He often works with his clients to overcome short-term regulatory and financial uncertainty to achieve long-term success in developing markets.

As a result, Tom is one of the most sought after attorneys serving the Ohio and national cannabis industry, in which he represents licensed operators in medical and adult use markets, ancillary service providers, and companies operating in the hemp industry. He supports clients with everything from license acquisition, zoning and municipal law, to product labeling and packaging and regulatory compliance. Tom has also led some of the largest M&A deals in the Ohio cannabis market, representing both the selling license holders and acquiring entities.

His record of achievement as an expert in one of the most rapidly growing segments in the country has earned him considerable recognition, including the Crain's Cleveland Business' 2021 list of Forty Under 40. He has been named to Chambers USA: A Guide to Leading Lawyers in Business in the area of Cannabis Law, is one of the Top 7 Cannabis Attorneys in the U.S. (The Vape Report) and is on The Best Lawyers in America list in the area of Cannabis Law. He has also been named to the Ohio Super Lawyers Rising Stars list. As a result of his national reputation, Tom is an avid contributor to various local and national media outlets and often is asked to share his expertise by speaking at industry conferences and events.

Tom is also a former nominee for the State Senate. He knows how important it is to build consensus at the local and State level to further clients' interests. Tom has served on the firm’s Management Committee since January 2024.


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Overall:      4.5

Total Reviews: 6