[CCWG-ACCT] MEM and enforceability

[Jordan Carter]

Hi Chris, all:

The second is not the same with the single member model. As has been
outlined on list before, the different fiduciary duties situation that
exists with membership solves that problem.

On the first, the plan of the CCWG has been binding not advisory IRP so I
don't think that it is the same, no.

On the third, that does seem a sensible time frame constraint...

best
Jordan


On 23 September 2015 at 00:06, Chris Disspain <ceo at auda.org.au> wrote:

> Hello David,
>
> I appreciate the constructive criticism 😀.
>
> Are these points not the same as with the IRP in the sole member model?
> They would need to be addressed in either case wouldn't they?
>
> Cheers,
>
> Chris
>
> On 22 Sep 2015, at 21:59, McAuley, David <dmcauley at verisign.com> wrote:
>
> I appreciate the board’s input and take it as a good faith effort to
> enhance and evolve the CCWG proposal.
>
> However, I have, with respect, three critiques of it.
>
>
>
> First, the ability to create a remedy if the MEM panel finds against the
> board is completely within the board’s discretion. Even a slight (even
> inconsequential) “remedy” would be a remedy and would, effectively, bar any
> viable avenue to court enforcement.
>
>
>
> Second, (and this applies to any panel ruling) any decision by the board
> to state that a ruling against it falls into the area of the board’s
> fiduciary obligations (thus frustrating implementation of the ruling)
> should itself be appealable to ensure that this is, in fact, an objectively
> justified conclusion.
>
>
>
> And, third, if we went down this path, the board’s ability to create a
> remedy (subject, I would urge, to some test for reasonableness) should be
> time-limited so that a claimant need not wait and wonder if it can ever
> appeal to court.
>
>
>
> David McAuley
>
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