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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.
|PPT- Joint Client and Post M&A - Maintaining Attorney-Client Privilege During Transactions and Litigation with an Entity Client.pptx (3.7 MB)||Available after Purchase|
|CA Rule_1.13-Organization as Client.pdf (361.5 KB)||Available after Purchase|
|Great Hill Equity Partners Iv, LP v. Sig Growth Equity Fund I, LLLP-1.pdf (196.5 KB)||Available after Purchase|
|IL RULE 1.13 - Organization as Client.pdf (221.4 KB)||Available after Purchase|
|In re Teleglobe Comms.pdf (480.8 KB)||Available after Purchase|
|NY Rule 1.13 - Organization as Client.pdf (897.3 KB)||Available after Purchase|
|Oct2016TCL_Whoops.pdf (79.3 KB)||Available after Purchase|
|Outline - Joint Client Ethics Panel - INCBA Litigation Symposium.pdf (89 KB)||Available after Purchase|
|Sample M&A Provisions Addressing Attorney-Client Privilege.pdf (140 KB)||Available after Purchase|
|Tekni-Plex v. Meyner Landis.pdf (179.5 KB)||Available after Purchase|
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 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 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.