the Teller County location of their marijuana cultivation facility and the fact that Defendant Fellner was a California resident; that attorney Black, aware of these facts, advised Defendants that they could legally operate the marijuana cultivation facility that they had acquired; or that Defendants relied in good faith on that specific advice. Instead, Defendants have asserted the attorney-client privilege with respect to their communications with attorney Black. (ECF No. 24-1 at 11.) This Court will not permit Defendants to assert an advice of counsel defense and at the same time refuse to disclose the nature of their communications that form the basis for the defense. See Columbia Pictures Television, Inc. v. Krypton Broad. of Birmingham, Inc., 259 F.3d 1186, 1196 (9th Cir. 2001) (<HOLDING>); see also Chevron Corp. v. Pennzoil Co., 974
holding failure to object to conditioning instructions waived error arising from the jurys failure to answer question when answer could not be implied and that lack of objection waived right to new trial to have jury answer questions holding that where defendant was not subject to custodial interrogation agent did not violate the fifth amendment by contacting defendant for questioning after defendant refused to answer questions without a lawyer present holding that a district court may preclude a defendant from invoking the adviceofcounsel defense when he refused to answer questions regarding relevant communications with counsel holding an abuse of discretion by trial court to appoint physician when attorney refused four times to answer questions regarding his business relationship avith the doctor holding that government could not impeach witness with prior statement because he refused to answer any questions and thus gave no testimony in court with which the prior statement could be judged to be inconsistent