[CCWG-ACCT] Responses to questions from Jones Day

Sun Feb 8 08:59:10 UTC 2015

Jones Day is a highly regarded law firm that represents ICANN.  It is obligated to represent ICANN vigorously, and is accountable to the Board and staff.   Advocacy is not an insult, that is what lawyers do on behalf of their clients. The CCWG is not Jones Day's client.  I think that the q&a was offered as "input" and not legal advice.
'
Sent from my iPad

On Feb 8, 2015, at 1:40 PM, Seun Ojedeji <seun.ojedeji at gmail.com<mailto:seun.ojedeji at gmail.com>> wrote:

On Sun, Feb 8, 2015 at 1:03 PM, Burr, Becky <Becky.Burr at neustar.biz<mailto:Becky.Burr at neustar.biz>> wrote:
The questions and answers are interesting as advocacy but cannot be considered legal advice for our work

Hi Burr,

I personally find your comment above worrisome, especially as Leon already explained the intent. I don't understand why you would say a legal advice should be considered as advocacy. For me, we have received a legal advice which simply indicates the firm's interpretation of the existing law and what they think is possible. While its okay to have another legal advice just for benefit of doubt and due diligence, i don't think we should necessarily rely/trust on the external legal advice than the internal legal advice...either of them can be presented with vested interest (especially in a process like this).

Regards

Sent from my iPad

> On Feb 8, 2015, at 12:19 PM, León Felipe Sánchez Ambía <leonfelipe at sanchez.mx<mailto:leonfelipe at sanchez.mx>> wrote:
>
> Dear all,
>
> Answering your questions:
>
> Keith.- The questions were presented by the Co-Chairs at our Frankfut
> meeting as a high-level first approach to what we should be focusing on
> achieving. They were also discussed at the CCWG call of January 27.  We
> then asked Staff to pass the questions through ICANN legal so they
> referred this questions to Jones Day. The document are the responses
> prepared by Kevin Espinola of Jones Day.  The goal was to get a very rapid
> response on some basic questions the group wanted answers on.
>
> Jordan.- I believe Adam has clarified where the questions came from and
> how they got into Jones Day for response which is in line with what I have
> replied to Keith.
>
> Phil.- Nobody said this was the advice we are taking. Please see this
> document as one more input document tat will feed our work, just as the
> CWG legal document has fed it. This is NOT intended to be taken as the
> legal advice we¹re looking for although in the end it might (or might not)
> be compatible with what we need.
>
> I hope this clarifies the doubts and concerns raised so far.
>
> Best regards,
>
>
>
> León
>
>> El 08/02/2015, a las 12:05, Dr Eberhard W Lisse <el at lisse.NA<mailto:el at lisse.NA>> escribió:
>>
>> Phil,
>>
>> opinions of dependent lawyers are as interesting as the ones of
>> independent ones :-)-O
>>
>> el
>>
>>> On 2015-02-08 11:48 , Jordan Carter wrote:
>>> Phil, yes - the CCWG agreed with that in Frankfurt. It was felt it might
>>> be helpful to understand the view of the company and its representatives
>>> as well as an independent view, if I recall correctly.
>>> Jordan
>>>
>>> On 8 February 2015 at 11:36, Phil Corwin <psc at vlaw-dc.com<mailto:psc at vlaw-dc.com>
>>> <mailto:psc at vlaw-dc.com<mailto:psc at vlaw-dc.com>>> wrote:
>>>
>>>   Jones Day cannot be regarded as an objective and neutral source of
>>>   legal advice or opinions on anything related to ICANN. Indeed, any
>>>   statement made by Jones Day must be regarded as the views of ICANN,
>>>   its long-standing client.
>>>
>>>   Sent from my BlackBerry 10 smartphone.
>>>
>>>   Philip S. Corwin, Founding Principal
>>>   Virtualaw LLC
>>>   1155 F Street, NW. Suite 1050
>>>   Washington, DC 20004
>>>   202-559-8597/Direct
>>>   202-559-8750/Fax
>>>   202-255-6172/Cell
>>>   Twitter: @VLawDC
>>>
>>>   "Luck is the residue of design" -- Branch Rickey
>>>   *From: *Drazek, Keith
>>>   *Sent: *Sunday, February 8, 2015 11:14 AM
>>>   *To: *León Felipe Sánchez Ambía
>>>   *Cc: *CCWG Accountability
>>>   *Subject: *Re: [CCWG-ACCT] Responses to questions from Jones Day
>>>
>>>
>>>   Leon,
>>>
>>>   Do I understand you correctly that Jones Day developed both the
>>>   questions and the answers? Did the CCWG request this?
>>>
>>>   Thanks,
>>>   Keith
>>>
>>>   Sent from my iPhone
>>>
>>>   On Feb 8, 2015, at 10:18 AM, León Felipe Sánchez Ambía
>>>   <leonfelipe at sanchez.mx<mailto:leonfelipe at sanchez.mx> <mailto:leonfelipe at sanchez.mx<mailto:leonfelipe at sanchez.mx>>> wrote:
>>>
>>>>   Dear all,
>>>>
>>>>   Please find attached the responses from Jones Day for questions
>>>>   prepared by Kevin Espinola. I would like to ask you to please
>>>>   review the document so we can further discuss it in our session
>>>>   tomorrow.
>>>>
>>>>   I would also like to remind the group that this is a first step
>>>>   which runs parallel to what the legal sub-team is doing in
>>>>   coordination with the CWG “legal client”. The aim is to have this
>>>>   responses reviewed by the legal sub-team as well as by the larger
>>>>   CCWG so we can determine how to better validate this responses
>>>>   with the external legal advisors when we engage with said external
>>>>   advice.
>>>>
>>>>   I look forward to a fruitful session with all of you.
>>>>
>>>>   Best regards,
>>>>
>>>>
>>>>
>>>>   León
>>>>
>>>>
>>>>   <Accountability Questions for CCWG - from Jones Day.pdf>
>>>
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>>> --
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>>>
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>>> *InternetNZ*
>>>
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>>>
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--
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Seun Ojedeji,
Federal University Oye-Ekiti
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The key to understanding is humility - my view !

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