[CWG-Stewardship] Client Committee Update

[Gomes, Chuck]

Thanks Greg.

Chuck

From: Greg Shatan [mailto:gregshatanipc at gmail.com]
Sent: Monday, February 23, 2015 6:27 PM
To: Gomes, Chuck
Cc: cwg-stewardship at icann.org
Subject: Re: [CWG-Stewardship] Client Committee Update

Chuck,

Client conflicts actually follow a fairly objective set of rules (although you have to be fairly well-versed in them to apply them correctly).  As I understand it, each firm had a direct conflict (i.e., they represented a client in a matter directly adverse to ICANN (i.e., ICANN was on the other side)) that disqualified them under the relevant ethical rules from taking on this representation.  I'm not sure in each instance who identified the client relationship.  In one case, I'm certain that the firm identified a conflict and withdrew without providing details.  I believe ICANN legal actually pressed them on it, to see if it might not be a real conflict and thus could be resolved, and the firm basically stated that they were certain it was a conflict and they were out. In one case where I know the facts, but not the origin, the conflict was clear -- the firm represented the "plaintiff" in an ongoing IRP.

I'm not sure in the other cases who noticed it first -- but I'm not sure it actually matters, both because "a conflict is a conflict" and also because firms ultimately go through a very detailed conflict process before agreeing to take on a  matter (but they may not go through the whole process if they are just one of several firms under consideration) -- so even if ICANN said "hey, you're suing us" before that firm found out, the firm would have found out soon enough.

Greg

On Mon, Feb 23, 2015 at 6:05 PM, Gomes, Chuck <cgomes at verisign.com<mailto:cgomes at verisign.com>> wrote:
Thank you very much Greg.  Do I understand correctly that the four firms that withdrew due to conflicts did so on their own and were not disqualified by the client committee or ICANN staff?

Chuck

From: cwg-stewardship-bounces at icann.org<mailto:cwg-stewardship-bounces at icann.org> [mailto:cwg-stewardship-bounces at icann.org<mailto:cwg-stewardship-bounces at icann.org>] On Behalf Of Greg Shatan
Sent: Monday, February 23, 2015 3:01 PM
To: cwg-stewardship at icann.org<mailto:cwg-stewardship at icann.org>
Subject: [CWG-Stewardship] Client Committee Update

All:

I write to update you all on the activities of the Client Committee.

The Client Committee met on Friday, February 20.  Also attending were representatives of ICANN legal, since they will need to play a role in the selection and engagement of counsel.

We had initially identified a total of eight firms. Each firm has appropriate expertise in corporate governance, non-profit matters, trusts, etc.  Each firm also has a strong California presence, as well as other offices in the US and other countries.

One firm has withdrawn due to workload issues.  Four firms have withdrawn due to client conflicts

We are left with a short list of three firms.  Each of these firms has now sent us a document discussing their relevant capabilities.  At least one member of the client committee has had a preliminary discussion with each firm.  We are now in the process of setting up a series of follow-up calls for this week between the Client Committee and each firm.

While we would like to reveal the names of the firms remaining on the short list, at this point, it is premature to do so.  We will need to ask each firm permission to identify it to this group.  We will discuss this with them during our calls this week.

We will keep the CWG updated on our progress.

Best regards,


Greg Shatan
for the Client Committee



Gregory S. Shatan • Abelman Frayne & Schwab

Partner | IP | Technology | Media | Internet

666 Third Avenue | New York, NY 10017-5621

Direct  212-885-9253<tel:212-885-9253> | Main 212-949-9022<tel:212-949-9022>

Fax  212-949-9190<tel:212-949-9190> | Cell 917-816-6428<tel:917-816-6428>

gsshatan at lawabel.com<mailto:gsshatan at lawabel.com>

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

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



--

Gregory S. Shatan • 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<mailto:gsshatan at lawabel.com>

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

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