[Gnso-epdp-legal] Legal Committee Homework

[Caitlin Tubergen]

Sent on behalf of Becky Burr

Dear Legal Committee:

In an attempt to move more quickly through the draft legal questions, I have worked with Support Staff to assign specific follow-up questions to Legal Committee members.

Thank you to Hadia, Laureen, Margie, and Matthew for providing responses to the legal questions. The pink cells represent questions where at least one member of the Legal Committee has opposed sending the question to Bird & Bird because they believe the question to be (i) already addressed in previous legal advice; (ii) a policy question to be addressed by the plenary team; and/or (iii) unlikely to assist the EPDP Team in answering the questions assigned by the GNSO Council.

In the rightmost columns, Support Staff and I have assigned specific follow-up questions to Legal Committee members who noted that the question(s) should be forwarded to Bird & Bird; the follow-up questions are highlighted in yellow. Other Legal Committee members are, of course, welcome to opine on the questions, but please note that if no legal committee members provide additional context to the follow-up questions re: why these questions are important to advance the Team’s work, we will no longer consider those questions.

Feasibility: https://docs.google.com/document/d/1UCP86uPZJBA_oh_4lfa6GwisfqnXUgbi5kdq-VOQCS0/edit#heading=h.gjdgxs

Legal v. Natural: https://docs.google.com/document/d/156jajwvAkl1l5VsdWXpznrghkKyMUD2bhKkS20X7Xrg/edit#<https://docs.google.com/document/d/156jajwvAkl1l5VsdWXpznrghkKyMUD2bhKkS20X7Xrg/edit>

As a reminder, broad support from the Legal Committee is required before questions get sent to external legal counsel. If it is not clear that such support is going to be obtained and the proponents have not made a convincing case about how a response will assist in answering the GNSO Council questions, it will be taken off the list. Proponents are free to reformulate the question, explaining how this question will assist in getting to a response for the GNSO Council questions.

Please note the requested input needs to be provided before the next meeting on Tuesday, 16 February; it will not be further discussed if no input is provided ahead of the call.

Best regards,

Berry, Marika, and Caitlin

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