[CWG-Stewardship] Questions for "Outside Counsel"? -- REPLIES REQUESTED

[Seun Ojedeji]

On Thu, Dec 18, 2014 at 10:26 AM, Maarten Simon <maarten.simon at sidn.nl>
wrote:
>
>  Hi Greg,
>
>
>
> First of all I think it would be welcome if an expert on Californian
> corporate law could assess the if the alternative proposal is legally
> possible and than specifically the question how to construct  an option to
> separate the IANA in an ICANN bylaw driven solution.
>

Hi Maarten i will like to reword this, but if you don't agree with it then
@Greg kindly note it as another question from me.

Can an expert on Californian corporate law let us know if a bylaw can be
used as the ultimate source by which an organisation like ICANN operate?
and also whether a section of bylaw can be protected conditionally using
another section of same bylaw

Thanks


>
>
> Secondly we have an issue with regard to whom we should ask questions on
> Contract Co. as the answers probably depend on the jurisdiction where
> Contract Co. will be located. Maybe we should sent a set of questions to
> different experts in a number of jurisdictions ?
>
>
>
> Best,
>
>
>
> Maarten
>
> *From:* cwg-stewardship-bounces at icann.org [mailto:
> cwg-stewardship-bounces at icann.org] *On Behalf Of *Guru Acharya
> *Sent:* dinsdag 16 december 2014 15:33
> *To:* Greg Shatan
> *Cc:* cwg-stewardship at icann.org
> *Subject:* Re: [CWG-Stewardship] Questions for "Outside Counsel"? --
> REPLIES REQUESTED
>
>
>
>
>
> 1) Since the MRT members do not have a corporate shield, can the members
> be held individually liable in case of litigation surrounding the RFP
> process (say for a failed bid); and how can their personal liability be
> minimised?
>
>
>
> 2) Will a financial indemnification clause of a contract be valid if the
> contract itself is the subject of litigation; especially if the contract is
> held to be void as a result of the litigation? Are there ways to deal with
> such a situation?
>
>
>
> 3) How will the by-laws of Contract Co delegate contracting authority to
> the MRT since MRT does not have legal existence; will the by-laws need to
> individually name every MRT member and will the by-laws need to be updated
> every time a new member is selected?
>
>
>
>
>
>
>
> On Tue, Dec 16, 2014 at 6:46 PM, Greg Shatan <gregshatanipc at gmail.com>
> wrote:
>
> All:
>
> As previously discussed, there are several aspects of our work where we
> thought it would be helpful to get legal advice from independent counsel.
>
> I've been advised that in order to make this request, we should have a
> list of the questions we would like to put to counsel.
>
> I am starting this thread in the hopes that others in the CWG will reply
> with the questions they believe the CWG should put to counsel.
>
>
> Thank you for your contributions!
>
> Greg Shatan
>
>
>
>
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>
>
>
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>

-- 
------------------------------------------------------------------------





*Seun Ojedeji,Federal University Oye-Ekitiweb:      http://www.fuoye.edu.ng
<http://www.fuoye.edu.ng> Mobile: +2348035233535**alt email:
<http://goog_1872880453>seun.ojedeji at fuoye.edu.ng
<seun.ojedeji at fuoye.edu.ng>*

The key to understanding is humility - my view !
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