[Acct-Legal] Memorandum of Request for Legal Advice: Questions from Pedro Ivo Ferraz da Silva

Greg Shatan gregshatanipc at gmail.com
Thu Apr 9 05:13:16 UTC 2015


Counsel:

As discussed today on the Legal Sub Team call, this is a formal
authorization to review and respond to the questions set forth below
from  Pedro
Ivo Ferraz da Silva.

Please let the Legal Sub Team know if you have any questions.

Best regards,

Greg

*Gregory S. Shatan **ï* *Abelman Frayne & Schwab*

*Partner* *| IP | Technology | Media | Internet*

*666 Third Avenue | New York, NY 10017-5621*

*Direct*  212-885-9253 *| **Main* 212-949-9022

*Fax*  212-949-9190 *|* *Cell *917-816-6428

*gsshatan at lawabel.com <gsshatan at lawabel.com>*

*ICANN-related: gregshatanipc at gmail.com <gregshatanipc at gmail.com>*

*www.lawabel.com <http://www.lawabel.com/>*

---------- Forwarded message ----------
From: Greg Shatan <gregshatanipc at gmail.com>
Date: Tue, Apr 7, 2015 at 11:44 AM
Subject: Fwd: [CCWG-ACCT] Accountability questions to law firms
To: "ccwg-accountability5 at icann.org" <ccwg-accountability5 at icann.org>


Legal Subteam and Counsel:

I am forwarding this email and the two following in this thread to the
Legal Subteam for consideration as an assignment/instruction to counsel

Greg Shatan
---------- Forwarded message ----------
From: Pedro Ivo Ferraz da Silva <pedro.ivo at itamaraty.gov.br>
Date: Tue, Apr 7, 2015 at 10:41 AM
Subject: [CCWG-ACCT] Accountability questions to law firms
To: "accountability-cross-community at icann.org" <
accountability-cross-community at icann.org>


 Dear CCWG-colleagues,



Please find below a group of questions to be posed to the law firms
assisting the CCWG-Accountability.



·         Are there any restrictions in California law  or in applicable
federal US-law with respect to government officials (US or foreign)
becoming statutory members (or designators) of a non-profit organization?
Would all liabilities applied to US or foreign citizens in a membership (or
designator) structure  equally apply to a government official which has
legal immunity and privileges in the United States?



·         What are the specific legal requirements for a third-party which
may have approval or veto rights over board decisions and what are its
liabilities?



·         A community veto  (be it exercised in a membership or a
designator structure) over a bylaw change could be potentially reverted
through a court decision in California? Same question applies to a decision
made by an Independent Appeals Panel mechanism.



·         The fact that the "board bears ultimate responsibility for
corporate decisions and must provide oversight of the exercise of those
powers it has delegated" (Sidley Austin LLP, Initial Discussion Draft 1, p.
3) implies that the board may eventually revert a community veto (member or
designator structure) over its own decision or over the budget it has
originally approved?



·         Is the Californian Attorney General able to intervene in ICANN's
operations upon the complaint of a government (US or other)? How does this
situation relate to norms of international private law internalized by the
United States?



Thanks in advance,



Secretário

Divisão da Sociedade da Informação (DI)

Ministério das Relações Exteriores - Brasil

T: + 55 61 2030-6609



Secretary Pedro Ivo Ferraz da Silva

Division of Information Society (DI)

Ministry of External Relations - Brazil

T: + 55 61 2030-6609





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-- 

*Gregory S. Shatan **ï* *Abelman Frayne & Schwab*

*Partner* *| IP | Technology | Media | Internet*

*666 Third Avenue | New York, NY 10017-5621*

*Direct*  212-885-9253 *| **Main* 212-949-9022

*Fax*  212-949-9190 *|* *Cell *917-816-6428

*gsshatan at lawabel.com <gsshatan at lawabel.com>*

*ICANN-related: gregshatanipc at gmail.com <gregshatanipc at gmail.com>*

*www.lawabel.com <http://www.lawabel.com/>*
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