[Acct-Legal] Coordinating law firms and reviewing mechanisms

[Gregory, Holly]

Thank you for the clear direction, Leon and team.



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________________________________
From: ccwg-accountability5-bounces at icann.org on behalf of León Felipe Sánchez Ambía
Sent: Thursday, April 02, 2015 01:22:56 AM
To: ccwg-accountability5 at icann.org
Cc: ACCT-Staff
Subject: [Acct-Legal] Coordinating law firms and reviewing mechanisms

Dear Holly and Rosemary,

Following our call today, the legal sub-team held a second call intended to better organize the interaction between the legal sub-team and your law firms. In this call the legal sub-team reached agreement on the following:

1.- Sidley Austin will be the coordinating firm. Both firms are expected to work on the different issues assigned to them but Sidley Austin will coordinate how the complementary and collaborative work will be developed by the firms. It is of the essence for the success of the group to avoid having duplicate work that may impact in duplicate billable hours.

2.- While recognizing that Sidley Austin will be coordinating the work of both law firms with the aim of having a harmonized voice, law firms should state any deferring views they may have on any particular issue where this difference happens. Furthermore, should this difference in views happen, each law firm will be required to provide the rationale for its deferring view.

3.- Only tasks assigned by memorandum will be subject for lawyers work.

4.- It is important that both law firms continue to follow the calls of the CCWG and the discussion in the mailing lists as there might be important topics or questions raised over the different discussions that might provide context to the assignments made by the legal sub-team.

5.- On each assignment, the legal sub-team will do its best effort to provide as much context as possible to better guide the lawyers on the needs that the particular assignment is trying to address.

6.- Lawyers’ involvement with WP1, WP2 and WPST will be key for next steps as it is them that are building the proposals that will be subject to public comment. Therefore, the legal sub-team and the law firms should be able to provide these WPs with the tools they need to build feasible and legally viable proposals.

7.- Questions will continue to be gathered and compiled in a single document by the legal sub-team to keep track of the different concerns and questions raised within the larger group and they will be triaged in order to then be assigned formally to the lawyers.

8.- It is of the essence that as a next step the law firms analyze the different templates of powers and mechanisms attached herein in order to provide advice on whether those powers and mechanisms are legally viable in the first place and if not, which would be the alternatives. On a second phase, the law firms will be asked to advice on how these mechanisms and powers may be implemented in a holistic view of the accountability enhancement process.

We thank you for your patience and support and welcome any questions, comments or suggestions you may have that can help us all move forward in achieving our goals.

Best regards,



León

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