[CCWG-ACCT] Draft legal questions

[McAuley, David]

Thank you Robin for this good work.

Speaking personally, I’d like to suggest a few additional lines of inquiry for independent counsel.


1.       Can we get advice on what interim mechanism/caretaker board arrangements could be in place if the board is spilled?



2.       On money awards (for instance, Bruce and I chatted online about a TLD applicant making a claim to get the application fee returned), can they be limited to direct damages under Cal. law, excluding indirect, consequential and other damages if that is what the community decides?



3.       Can disincentives to frivolous claims be created, such as an award of costs to defend against frivolous claims?



4.       Can inconsequential claims be barred somehow (I realize this could face significant definitional challenges)?



5.       Can IRP claims be premised on an obligation that the claimant first file for board reconsideration, allowing the board an opportunity to re-check its action?



6.       With respect to such limitations, can they be effectively created in boilerplate contract language in clauses where there is frequently little wiggle room in contract negotiations?
I look forward to the call later today.

Best regards,

David

David McAuley
International Policy Manager
Verisign Inc.
703-948-4154

From: accountability-cross-community-bounces at icann.org [mailto:accountability-cross-community-bounces at icann.org] On Behalf Of Robin Gross
Sent: Wednesday, February 25, 2015 9:14 PM
To: León Felipe Sánchez Ambía; Accountability Cross Community
Subject: Re: [CCWG-ACCT] Draft legal questions

Hi all,

As suggested, I've re-worked the initial set of legal questions based upon the input from yesterday's CCWG call, and have the following legal scoping draft to propose:
  https://docs.google.com/document/d/132V7P8nmyalhoso7zcevjW3_ox1laXn5JIEH3dDAF3A/edit?usp=sharing

Please add any comments or suggested edits to the document for incorporation by the legal sub-team.

The draft also attached as .pdf.

Thanks,
Robin

On Feb 24, 2015, at 8:52 AM, León Felipe Sánchez Ambía wrote:


Dear all,

In the following link you will find the first draft set of questions developed by the legal sub-team for your review:

https://docs.google.com/document/d/1xi-hs-i5z0XSicHxMjJlLiQ4xhFo1_IOQnEMXDp8U18/edit?usp=sharing

Please keep in mind that this is work in progress and the list of questions is not a closed list but rather a list subject to add questions that are still missing.

Robin Gross is in the process of drafting a framing letter that will provide context to the external lawyers as to where we are at now and our aims.

The document is enabled so anyone with the link may comment but not edit. Please add any suggested edits as comments so they can be merged after review by the legal sub-team.

I am also attaching a PDF version of the document for your convenience.


Best regards,
<CCWGLegalquestions.pdf>

León

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