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Crisis Communications: The Court of Public Opinion


When facing high-profile litigation, government investigations, or licensing discipline, more and more companies turn not only to attorneys, but also to public relations companies to defend themselves in the court of public opinion.  Learn how to communicate effectively in traditional and social media, how to craft an effective, simple message, and when and how communications among a client, attorney, and public relations company are covered by attorney-client privilege.

Daniel Koffmann, Partner, Quinn Emanuel Urquhart & Sullivan, LLP

Dan Koffmann represents companies, boards of directors, and senior executives in sensitive matters involving criminal investigations and indictments, internal investigations, congressional inquiries, and other disputes with the government. He advises clients on a broad range of white collar issues, including alleged corruption, securities fraud and insider trading, tax evasion, accounting fraud, the False Claims Act, money laundering, sanctions evasion, and civil and criminal forfeiture proceedings. He also brings affirmative claims against government regulators and agencies when statutes, regulations, and other government actions infringe on clients’ rights. Dan’s practice is global, and the majority of his matters involve defending foreign individuals and organizations facing scrutiny from U.S. prosecutors and regulators. He has represented clients and conducted investigations in the United States, Europe, Africa, the Middle East, and Asia, and he is particularly active in Latin America and the Indian Subcontinent.

Dan is an accomplished trial and appellate advocate. He has tried numerous federal criminal cases to verdict and has briefed and argued appeals in several federal Courts of Appeals and New York’s First Department. Dan also has considerable experience helping clients avoid indictment altogether, regularly persuading the government to decline prosecution or enter into negotiated resolutions on favorable terms.

Jessica C. McElfresh, Founder and Principal, McElfresh Law, Inc.

Attorney Jessica McElfresh delivers the legal guidance and advocacy it takes to thrive in California’s cannabis industry. As a successful defense attorney, Jessica was at the forefront of marijuana legalization in California, and uses that passion and skill to represent people at all stages of the state’s legitimate marijuana market. From retail cannabis dispensaries, large cultivators, testing facilities, delivery services, investors, and marijuana entrepreneurs, Jessica provides individuals and cannabis businesses with what they need to flourish. This includes full service legal assistance with formation, zoning, regulatory compliance, licensing, land use, employment, and everything in between.

Why Cannabis?

Even as a young lawyer, Jessica never saw the cannabis industry as something that needed to be normalized. Instead, her work focused on highlighting how normal it already was.

She saw the government waste, how the current laws violated people’s rights, and wanted to be part of building something new.

Jessica has worked in cannabis law and policy since 2010. She focuses on local and state applications, land use, regulatory compliance, and business law.  Jessica 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, Encinitas, Lemon Grove, 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 is a former Chair of the International Cannabis Bar Association’s Professional Responsibility and Ethics Committee and its Continuing Legal Education Committee, and a former member of its Board of Directors.  Jessica has spoken at conferences and taught continuing legal education classes for organizations and law schools including the California Lawyers Association, Practising 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).

Amy McGahan, Partner, Dix & Eaton

As a managing director and leader of Dix & Eaton’s media relations practice, Amy helps clients across various industries with media strategy, messaging and outreach on national, regional and local levels. She also helps clients navigate complex issues and crises, including construction accidents, mining and airline disasters, labor disputes and more. Amy regularly conducts media and crisis training for executives and arranges media visits for clients with journalists in important media centers, such as New York and Washington, D.C. Amy is also an experienced senior counselor, project manager and account leader.

Amy joined Dix & Eaton in 1997 and has more than 20 years of public relations experience. Previously, she was associate director of community relations for the Cleveland Hearing & Speech Center and public relations associate for The Eliza Jennings Group. In both positions, she acted as a liaison with community organizations, conducted media and community outreach and education, and coordinated special events. Amy earned a bachelor’s degree from Baldwin Wallace University.


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