[Acct-Legal] Legal issues raised -- 23-24 March

[Athina Fragkouli]

Dear all,

Here is a list of the legal issues I noted being raised during our
two-day meeting:

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- Are there any already existing mechanisms to remove the Board within a
non-profit cooperation structure and within the current structure of ICANN?

- What is the minimum Board size and composition required under
California law?

- Would Board members that served on spilled Board be ineligible?

- Is it allowed under California Law to dismiss the whole Board?

- What kind of liability does the organisation without a Board carry? -
What are the risks? Would a two-tier Board (acting as a "back up" board)
be a possible solution?

- Is it possible to have the Board removed without cause?

- How binding could decisions of the Independent Review Panel be?

- Is it possible for ICANN to use different jurisdictions in order to
govern different contract for its areas of work?

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Additionally the following proposals have been endorsed:

- The lawyers should receive the WP 1 Mechanisms Comparison Table in
order to confirm our understanding of the mechanisms and as a guidance
for their analysis.

- The lawyers should review our mechanism templates.

- In cases where our accountability requirements cannot be implemented
due to limitations to the US California jurisdiction, this needs to be
highlighted in their legal analysis.

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Please feel free to add any questions I missed.

Kind regards,
Athina Fragkouli