[CCWG-ACCT] Fwd: [Acct-Legal] Response to Legal Sub-Team questions

[Samantha Eisner]

Dear CCWG and the Legal Sub-team -

Thanks for the opportunity to provide questions and comments on the initial Sidley document for the sub-team's consideration in passing along to the firm.

On the Sidley document, I'd like to ask some clarifying questions regarding the antitrust issue.

Does the analysis relating to the CCWG change, or are there specific issues that may raise concerns, when taking into consideration that some on the CCWG are contracted parties to ICANN.

Similarly, are there any prophylactic measures to apply or areas where a community council (generally) or membership organization should exercise care or restraint, when taking into consideration that whatever form the community empowerment model takes it will likely include specific representation for contracted parties? Without providing specific advice to any individual contracted party, is there any guidance on how to address areas where the blockage of a Board vote, or the community invocation of a review mechanism, could have the effect of blocking new entry from potential competitors to those contracted parties? In your next phase of work, would it be useful to consider the history of ICANN's litigation where ICANN has defended itself and its structure against antitrust suit, and how the evolution of the structure might impact the earlier outcomes?

Best,

Sam

From: León Sánchez Ambía <leonfelipe at sanchez.mx<mailto:leonfelipe at sanchez.mx>>
Date: Sunday, March 29, 2015 at 10:19 PM
To: CCWG Accountability <accountability-cross-community at icann.org<mailto:accountability-cross-community at icann.org>>
Subject: [CCWG-ACCT] Fwd: [Acct-Legal] Response to Legal Sub-Team questions

Dear all,

I am forwarding the preliminary responses provided by Sidley Austin to the first round of questions submitted to them.

I suggest you review them as input from all will be considered and is important for our steps forward.


Best regards,


León

Inicio del mensaje reenviado:

De: "Clark, Michael A." <mclark at sidley.com<mailto:mclark at sidley.com>>
Para: "ccwg-accountability5 at icann.org<mailto:ccwg-accountability5 at icann.org>" <ccwg-accountability5 at icann.org<mailto:ccwg-accountability5 at icann.org>>
Fecha: 27 de marzo de 2015 16:46:56 GMT-6
Cc: "Huston, Peter K." <phuston at sidley.com<mailto:phuston at sidley.com>>, "Schramm, Dorothee" <dschramm at sidley.com<mailto:dschramm at sidley.com>>
Asunto: [Acct-Legal] Response to Legal Sub-Team questions


Attached are our preliminary responses to the questions directed to Sidley Austin by the Legal Sub-Team.  Please note that we shared responses with Adler and Colvin for comment, as agreed at the Legal Sub-Team meeting in Istanbul.  We look forward to discussing the various options with the Legal Sub-Team.
HOLLY GREGORY
Partner

Sidley Austin LLP
+1.212.839.5853
holly.gregory at sidley.com<mailto:holly.gregory at sidley.com>
MICHAEL CLARK
Partner
Sidley Austin LLP
+1.312.853.2173
mclark at sidley.com<mailto:mclark at sidley.com>

[http://www.sidley.com/files/upload/signatures/SA-autosig.png]<http://www.sidley.com/> SIDLEY AUSTIN LLP






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