[CWG-Stewardship] Draft Legal Scope Google Doc; Search for Counsel

Greg Shatan gregshatanipc at gmail.com
Fri Jan 16 22:34:47 UTC 2015


Thank you for your email.  We should be able to work in a question along
these lines.  While I have a number of concerns about the "trust model"
that has been suggested, I do not specialize in trust law.  Furthermore, we
should leave no reasonable stone unturned, since we may need a creative
(though hopefully not complex) solution to resolve this matter.

Thank you for the suggestion on outside counsel.  I've already brought up
Latham & Watkins and Gibson Dunn as examples of the type and calibre of
firm I would like to see engaged.

Best regards,


*Gregory S. Shatan *

Partner | *Abelman Frayne & Schwab*

*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/>*

On Fri, Jan 16, 2015 at 3:30 PM, John Poole <jp1 at expri.com> wrote:

> Dear Greg *et al:*
> I was recently added as a "participant" to CWG-Stewardship and just read
> your Thursday email with a deadline of 15:00 UTC Friday 16 January 2015 for
> comments and suggestions re: Draft Legal Scope Google Doc; and Search for
> Counsel.
>  (1) I ask for inclusion of the following (or similar) in the "Draft Legal
> Scope" document:
> "Could, or should, Contract Co. take the form of a Trust established under
> American law, registered with a Court having General Jurisdiction (state
> court) [to ensure that the terms of the Trust will at all times in the
> future be met], the Trust to have a Board of Trustees selected from the
> global internet community, and the Trust receiving an assignment from the
> US Department of Commerce (NTIA) of all the US government's rights and
> duties under the “IANA contract;” and further, the Trust having as its
> primary purpose and duty to ensure the continuous operation of a free,
> open, secure, and stable global internet DNS, including the Internet Root
> Zone, by the selection of an IANA functions operator (presently ICANN), for
> a term of years (subject to termination for cause), and such other terms,
> conditions, and covenants necessary or convenient, in order to carry out
> the purpose of the Trust and the duty of the Trustees thereof to act at all
> times in the wider public interest of the global internet community."
> (2) I offer the following suggestion for outside counsel (CWG-Stewardship
> needs the best legal counsel available; further, Jones Day should have *no
> involvement* in this due to the obvious conflict of interest):
> Latham & Watkins LLP (a worldwide law firm)
> http://www.lw.com/
> Best regards,
> John Poole
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