[CCWG-ACCT] Legal sub-team update

[Dr Eberhard W Lisse]

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Leon,

I was a little late on Tuesday morning due to slow checkout at the
reception (I had to leave at 16:00 to catch my flight back) and
missed that part of the meeting.

Had I been there I would have formally objected.

Our usual procedure is to read everything twice, and not decide
anything on one meeting at all.

As much as I agree that we need to channel questions to lawyers
somehow, if only so that the troll(s) on this list can't generate
billable hours, but this is not the right way to go about it.


Hence this can not stand as is, and as ccNSO appointed member I
formally object to the procedure AND the substance.


greetings, el

On 2015-03-25 23:42 , León Felipe Sánchez Ambía wrote:
> Dear Eberhard,
> 
> This was discussed and agreed upon in the legal team update session
> we had in our morning meeting on day 2 of our Istanbul meeting and
> then on a later call of the legal sub-team that same day.
> 
> Best regards,
> 
> 
> León
> 
>> El 25/03/2015, a las 23:29, Dr Eberhard W Lisse <el at lisse.na 
>> <mailto:el at lisse.na>> escribió:
>> 
>> Am I missing something here?
>> 
>> When was this discussed, read twice and agreed upon?
>> 
>> 
>> el
>> 
>> -- Sent from Dr Lisse's iPad mini
>> 
>> On Mar 25, 2015, at 22:57, León Felipe Sánchez Ambía 
>> <leonfelipe at sanchez.mx <mailto:leonfelipe at sanchez.mx>> wrote:
>> 
>>> Dear all,
>>> 
>>> Moving forward, following the agreements made in our meeting
>>> with the wider CCWG and the legal sub team’s call on 24 March,
>>> the Legal Subteam mailing-list will, from now on, be the sole
>>> avenue for any communications, requests and advice sent to and
>>> received from our independent legal experts.
>>> 
>>> Also as agreed during our call, mailing-list posting rights
>>> have been edited to help streamline communications. It was
>>> agreed that a compact subset of legal sub-team participants
>>> would serve as executive team in order to make communications
>>> easier to handle between the CCWG and the law firms. Agreement
>>> was established so solely members of the legal executive team
>>> now have posting rights to this list.
>>> 
>>> The list will remain open for anyone to observe and it will
>>> continue to be publicly archived. In the event that anyone form
>>> the larger CCWG group would like to raise a question or issue,
>>> the question should be posted to the general list so it can be
>>> properly documented by the legal subteam and sent to the
>>> lawyers accordingly.
>>> 
>>> Questions that fall out of the scope stated in the CCWG charter
>>> will not qualify to be addressed by the independent legal
>>> experts.
>>> 
>>> A description of the agreed scope of work, rules of engagement
>>> and working methodologies is available below. This information
>>> will be posted on our dedicated wiki page 
>>> <https://community.icann.org/display/acctcrosscomm/Legal+SubTeam>for
>>>
>>> 
full reference.
>>> Thanks Best regards León ---
>>> 
>>> *Scope of work*
>>> 
>>> * Adler & Colvin will be the primary source of advice on
>>> corporate governance law and California not-for-profit law. *
>>> Sidley & Austin will be addressing international law and
>>> jurisdiction issues and any additional topic, as deemed 
>>> appropriate.
>>> 
>>> *Rules of Engagement & Working Methodologies*
>>> 
>>> COMMUNICATIONS & COORDINATION
>>> 
>>> * All formal requests, including follow-up clarifications, are
>>> made in writing and communicated through the public mailing
>>> list ccwg-accountability5 at icann.org 
>>> <mailto:ccwg-accountability5 at icann.org> – public archives 
>>> available at
>>> http://mm.icann.org/pipermail/ccwg-accountability5/ * All
>>> weekly calls to be recorded, transcribed and archived in the 
>>> public wiki space. * Law firms report to the
>>> CCWG-Accountability and receive instructions from the legal
>>> executive sub team only. Legal Executive Subteam Members
>>> include: León Sánchez (lead);  Athina Fragkouli; Robin Gross;
>>> David McAuley; Sabine Meyer; Edward Morris; Greg Shatan and
>>> Samantha Eisner (support);. * Private coordination meetings
>>> between lawyers would be acceptable and desirable. *
>>> Information should flow freely between law firms. * Should
>>> there be the need for a call between the available members of
>>> the Executive Legal Subteam and any of the law firms in order 
>>> to address urgent matters without the ability to setup a
>>> public call, it will always be required to provide proper
>>> debrief to the open list in a timely fashion. This method will
>>> be exceptional. * A single mailing-list will be used. Legal sub
>>> team members who are not listed in the legal executive subteam
>>> have viewing rights to help streamline communications. Posting
>>> privileges should carry request privileges. * The mailing-list
>>> remains open to any observers. * Activities and requests will
>>> be documented on the dedicated wiki page -
>>> https://community.icann.org/display/acctcrosscomm/Legal+SubTeam
>>>
>>> 
* Legal sub team and law firms coordination call will be held on
>>> Wednesdays at 15:00-16:00 UTC, starting on April 1. Calls will
>>> be open to anyone, they will be recorded, transcribed and
>>> archived in the public wiki space.
>>> 
>>> REQUESTS FOR EXPERTISE
>>> 
>>> * No individual outside the executive legal sub team should
>>> send requests to law firms. * Law firms are to alert the legal
>>> executive sub team of any requests made by individuals outside
>>> the legal executive sub team. * During face-to-face
>>> meetings/calls, high level legal advice should come in real
>>> time in reply to anyone raising a question within the Charter’s
>>> scope. * Legal Executive Subteam should flag any items that are
>>> for research. * Legal Executive Subteam is expected to
>>> formulate questions into a request for distribution in PDF or
>>> WORD format to obtain legal advice. * Requests for legal advice
>>> should be numbered consecutively for reference purposes. * All
>>> requests will be archived in the public wiki space. 
>>> _______________________________________________ 
>>> Accountability-Cross-Community mailing list 
>>> Accountability-Cross-Community at icann.org 
>>> <mailto:Accountability-Cross-Community at icann.org> 
>>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>
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