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On Demand

Joint Client and Post M&A: Maintaining Attorney-Client Privilege During Transactions and Litigation with an Entity Client

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Litigation Symposium 2023 On-Demand Bundle
Jessica C. McElfresh |  Michelle Mabugat |  Deborah Wolfe |  Katy Young
1 Hour 02 Minutes
Audio and Video
Access for 6 month(s) after purchase.


In-house and outside counsel representing business entities understand they represent the entity, rather than the individual owners or executives – but maintaining attorney-client privilege when representing an entity is harder amid litigation that affects subsidiaries, parent companies, and individual owners; and transactions in which the buyer could wind up owning the privilege post sale. Learn how to safeguard attorney-client privilege for an entity amid founders unable to understand the line between themselves and their company, litigation as interests diverge among parties on the same side, and transactions in which the buyers of an entity will soon own your client.



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 eligible for credit in the following states: AR, AL, AK, AZ, CA, CO, CT,DE, GA, HI, IL, IN, MN, MS, MO, NV, NH, NJ, NM, NY, NC, ND, OH, OR, PA, TN, TX, UT, VT, WV, and WI . 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.

INCBA on demand programs are eligible for credit in the following states: AR, AL, AK, AZ, CA, CO, CT,DE, GA, HI, IL, IN, MN, MS, MO, NV, NH, NJ, NM, NY, NC, ND, OH, OR, PA, TN, TX, UT, VT, WV, and WI . 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 current accreditation status, please select your jurisdiction below.



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).


Michelle Mabugat's Profile

Michelle Mabugat Related seminars and products

Counsel & Co-Chair of Cannabis Industry Group

Greenberg Glusker LLP

Michelle is Co-Chair of the firm's Cannabis Industry Group and is a corporate and transactional attorney representing entrepreneurs, start-ups and middle-market companies.

She advises companies and their principals across a broad range of business sectors, but she has deep industry expertise in branded consumer products, manufacturing & distribution, commercial cannabis and industrial hemp.

Frequently acting as general counsel for her clients, Michelle’s practice is broad in scope and she has extensive experience in handling significant transactions whether it’s a merger or acquisition, capital raise, joint venture or licensing deal. Her early experience in litigation paired with her bold approach to business strategy allows her to creatively get deals done.

Michelle is also consistently recognized as one of the most prominent attorneys in the emerging cannabis space. With over a decade of experience handling cannabis and hemp-related matters, nothing gives her more satisfaction than helping cutting-edge companies thrive in highly-regulated industries. Due to her significant industry and regulatory experience, she has become the go-to lawyer for handling high-stakes cannabis matters. Seasoned in crisis management, she regularly appears before state and local regulatory agencies to defend clients in enforcement actions and administrative hearings.

In addition to her corporate work, Michelle is equally dedicated to the advancement of Diversity, Equity & Inclusion in the business and legal communities. As a member of the inaugural DE&I Committee for the Association for Corporate Growth - Los Angeles Chapter (ACG-LA), she will work to help reflect and enhance the diversity of the Los Angeles middle market. As a member of the Legislative Advocacy Committee for the Los Angeles Gay and Lesbian Chamber of Commerce, she helps identify bills and public policy issues that will impact the LGBT business community. In her roles with the Cannabis Equity Retailers Association, the Cannabis Pro Bono Panel for the Los Angeles County Bar Association, and the Minority Cannabis Business Association, she provides pro bono counsel for restorative justice initiatives. She has also provided pro bono counsel to low-income applicants who qualify for the Los Angeles Cannabis Social Equity Program.

Deborah Wolfe's Profile

Deborah Wolfe Related seminars and products

Attorney, Legal Ethicist

Wolfe Legal Solutions, PC

Deborah Wolfe is the founder of Wolfe Legal Solutions, PC. Deborah is an experienced trial attorney who has served on the State Bar of California Legal Malpractice Law Advisory Commission, and has been a member of the San Diego County Bar Association’s Legal Ethics Committee since 2006. She is a past president of CASD, and a two-time recipient of the Trial Lawyer of the Year award, as well as numerous Outstanding Trial Lawyer awards. In 2017, Deborah received the Daniel T. Broderick, III award for civility, integrity and professionalism. She frequently testifies as an expert witness in ethics and standard of care in legal malpractice/breach of fiduciary duty cases, in addition to assisting lawyers with ethics consulting, trial strategy and support.

Katy Young's Profile

Katy Young Related seminars and products

Managing Partner

Ad Astra Law Group, LLP

Katy M. Young, Esq. MANAGING PARTNER, Ad Astra Law Group, LLP in San Francisco, CA 

Katy represents both plaintiffs and defendants in business disputes, real estate claims and intellectual 
property litigationwith a unique focus on matters for cannabis industry litigants. Katy is one of the most 
experienced cannabis-focused civil litigators in the country and has  been recognized by the Daily Journal 
for her work. She is passionate about the industry and enjoys the challenges inherent in litigating cases 
on the cutting edge, thereby shaping policy. Katy is graduate of University of San Francisco School of Law 
and University of the Pacific where she was a scholarship athlete. She has been named a Northern 
California Super Lawyer in 2022 and a Rising Star from 2014 through 2022. In 2018-2022, she was named 
to Benchmark Litigation’s Top 40 Under 40 Hot List.  She also served as the President of the InterNational 
Cannabis Bar Association for four years, and was recently nominated to join the Edward J McFetridge Inn 
of Court executive committee. Katy is active in other networking organizations including the ProVisors 
Cannabis Affinity Group, the Bar Association of San Francisco Cannabis section, and the California 
Lawyers Association Cannabis Working Group.



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