On Demand

Ethics: Legal Advice Rule 1.2 Now Requires You To Give, the Novel “Also Advise” Provision


Average Rating:
   4.5
Category:
Ethics
Faculty:
Amy McDougal |  Michael Drumke |  Lauren Rudick |  David Ruskin
Duration:
1 Hour 06 Minutes
SKU:
INCBA060220ETOD
License:
Access for 6 month(s) after purchase.



Description

Many states that have permitted attorneys to advise cannabis industry clients under Rule 1.2 have set forth a threshold requirement that the attorney “also advise” on “related federal law” or “other laws.” Since the permitted scope of legal representation begins with this threshold requirement, hear from the panel about what “also advise” means in practice, including what federal laws are considered “related,” how to determine if federal law “conflicts” with what your client seeks to do, and how to ensure you have adequately advised your client to comply with the new Rule 1.2 provision. This rule affects attorneys in: AK, AZ, CA, CO, CT, FL, HI, IL, ME, MA, NV, NH, NJ, OH, OR, PA, RI, WV. May also affect attorneys in OK and GA (no official rule changes yet, but as model rule states that have legalized forms of cannabis above federal limits, rule changes are pending).

Credits


General

This program is eligible for 1 hours of General CLE credit in 60-minute states, and 1.3 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.



Handouts

Faculty

Amy McDougal's Profile

Amy McDougal Related seminars and products

Clear Resources


Amy McDougal, Founder and President at CLEAResources, LLC, helps companies effectively manage their greatest legal and regulatory risks. She designs compliance and ethics programs to mitigate legal risks so company executives can focus on business.

 

"Increased emphasis on business transparency makes ethical performance a corporate priority," says Amy. A company's legal counsel may lack experience in developing compliance and ethics programs. Amy draws on her background as a prosecutor and in-house compliance counsel to conduct risk assessments through the skilled eyes of an attorney, without the steep law firm fees. "I keep current on state and federal enforcement trends. My assessments prioritize a company's vulnerabilities and recommend actions so clients get the most legal risk mitigation for their dollar."

Amy's clients range from federal contractors to global corporations including in the nascent cannabis industry. They rely on her expertise in compliance, codes of ethics, staff training, corporate monitoring, auditing, and investigations."The savviest approach is to put your compliance program in place as a sword to prevent misconduct. If an incident occurs, your program then becomes your shield. Prompt reporting, a proactive response, and a solid plan to remediate future misconduct demonstrate a commitment to ethical practices and legal compliance."

A well-published thought leader, Amy is founding director and corporate secretary of the International Association of Independent Corporate Monitors. Through IAICM, she educates businesses and promotes service quality. Amy's place at the forefront of her profession reflects leadership ability honed by service as a U.S. Air Force officer. "The military taught me to translate strategic thinking into tactical action. “That's exactly what I bring to my clients," she concludes. "I translate compliance and ethics into a practical program so businesses can confidently move forward in a clear direction."


Michael Drumke's Profile

Michael Drumke Related seminars and products

Swanson, Martin & Bell, LLP


Michael is a trial lawyer who is often retained on the eve of trial to provide companies
with a trial option when they need one. He has represented clients in jurisdictions
throughout the country. Michael’s practice focuses on solving complex business
litigation matters, including mass/toxic tort, product liability, pharmaceutical, class action
and commercial litigation. He has over twenty years’ experience creating and
implementing national litigation strategies for companies named in products and
premises liability litigation, including developing corporate representatives and
defending C-suite executives and key employees.


Michael also serves companies as local counsel, guiding his clients through the
particular challenges of litigating matters in Illinois, Wisconsin and Missouri. He is a
shareholder in the law firm of Swanson, Martin & Bell, LLP in Chicago and is

licensed to practice law in Illinois, Wisconsin, Missouri,Texas and Pennsylvania. He serves as Co-
Chair of Swanson, Martin & Bell’s Cannabis Law Practice Group. Michael serves as
national trial counsel for defendants in products liability litigation across the country. He
has authored articles and given presentations nationally on the subjects of recent
developments in toxic tort law, class actions, environmental litigation, insurance
coverage issues, trial techniques and cannabis law.


Michael has been selected for inclusion in The Best Lawyers in America for Mass Tort
Litigation / Class Actions – Defendants. He has been named one of the Top 10 Leading
Class Action / Mass Tort Defense Lawyers in Illinois by the Leading Lawyers Network
and is a member of the Leading Lawyers Network for Class Actions / Mass Tort
Defense, Products Liability Defense and Toxic Torts Defense. Michael has been named
an “Illinois Super Lawyer,” in the areas of Class Action / Mass Torts and Business
Litigation and is Peer Review Rated & "AV Preeminent" by Martindale-Hubbell.


Michael currently serves as a Governor on the Board of Governors of the American Bar
Association (“ABA”) and as Immediate Past Chair of the ABA Tort Trial and Insurance
Practice Section (“TIPS”) Cannabis Law & Policy Committee. He is a Past Chair of
TIPS and a Past Chair of the ABA Section Officers Conference. He has also served as
a Delegate in the ABA House of Delegates since 2015. Michael received his Bachelor
of Arts degree, cum laude, from Tufts University in 1988 and his law degree from the
University of Wisconsin in 1991.

 

His complete bio can be viewed at: https://www.smbtrials.com/mdrumke.


Lauren Rudick's Profile

Lauren Rudick Related seminars and products

Hiller PC


Lauren is the co-founder of Hiller, PC=s cannabis law practice. What started as a
passion project in patient rights during a brief residency in California, Lauren has become
one of the Nation’s preeminent cannabis attorneys. Her practice is centered upon the
representation of start-up organizations and investors. With her diverse background in
corporate law, litigation, and land-use and zoning, she provides clients with the most up-
to-date information necessary to operate and invest in successful cannabis and ancillary
businesses. Lauren has run successful applications in competitive medical cannabis states
and adult-use markets alike, and represents a broad spectrum of cannabis and hemp
clients, including plant-touching breeders, cultivators, processors, and product
manufacturers; investors, including family offices and angels; and multiple ancillary
businesses, including networking associations, packaging businesses, ingredient
manufacturers, medical professionals, and industry consultants. Lauren is also a member
of the legal team that brought an action against former Attorney General Sessions and the
federal government seeking, among other things, a declaration that the mis-classification
of cannabis as a Schedule I drug is unconstitutional, on, among other things, due process,
equal protection, free speech, and commerce clause grounds.


Lauren is an Expert Contributor to Marijuana Venture Magazine, a frequent
speaker at national and local cannabis events, including, among others, MJ Biz Con, the
Cannabis World Congress & Business Exposition, NCIA, Emerald Cup, and the Women
Grow Leadership Summit and provides pro bono legal and advocacy services to the
Cannabis Cultural Association, among others. Lauren also serves on the Executive
Committee of the Board of Directors for the International Cannabis Bar Association, as
the organization’s Treasurer. Lauren enjoys an extensive network of cannabis
professionals nationwide, enabling her to provide full legal and business services to her
clients.


David Ruskin's Profile

David Ruskin Related seminars and products

Attorney

HMB Legal Counsel


David is a partner with the Chicago-based law firm, HMB Legal Counsel.  After 25 years of litigating business and tax disputes for companies ranging from start-ups to publicly traded, David turned his full energy to focus on providing legal counsel to the cannabis industry in 2016, representing entrepreneurs, investors and business owners, both plant touching and ancillary trades.

David helps his clients navigate unsettled and differing laws and regulations and industry-specific legal developments. David enjoys guiding clients through the life cycle of cannabis operations, starting with the regulatory maze for state licensing of cannabis businesses followed by the myriad of general and regulatory counsel needs during the course of the company’s life, from start-up issues through sale events and the multitude of legal challenges between. David has been successful in securing licenses in various states for clients, with the help of his HMB Legal cannabis team. David’s many years of litigating business and tax disputes around the country helps him with strategic proactive counseling.

Known as an excellent listener, David’s approach is time-efficient and focused on getting to the client’s business goals. Ultimately, David’s biggest satisfaction comes from moving the cannabis industry forward as a whole, whether that is directly through his clients or making introductions within his wide network of cannabis friends and partners. To that end, David co-founded CannaMatch in 2021, for the purpose of matching newly licensed growers, processors and retailers with the numerous industry service providers in an organized, efficient and confidential fashion. Many other hours he spends active with the International Cannabis Bar Association, the Illinois Cannabis Bar Association and the Illinois Craft Cannabis Association…when not with his family, golden-doodle, and enjoying live music.


Alternate Options

Cannabis Laws & Science
Original Program Date: 06/02/2020 - SKU INCBA060220CAOD

Reviews

5
4
3
2
1

Overall:      4.5

Total Reviews: 24

Please wait ...

Back to Top