Jordan, I respectfully disagree. "Rolling all over the lawn", as you put it, is an understatement.

It is the Board's concern if it wants to be led by polemic peddling as legal counsel - the JD "high level" memo could well have been written by an undergraduate student of political science, riffing on governance and instability. 

JD is probably fulfilling its brief, and may be the Board would like to start asking substantial questions to it. No reason, in my opinion, why the CCWG should deviate from our constructive role.

Arun


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Observer Research Foundation, New Delhi
+91-9871943272

On Mon, Oct 5, 2015 at 3:39 AM, Nigel Roberts <nigel@channelisles.net> wrote:
s/lawyers/tanks/

On 04/10/15 21:11, Jordan Carter wrote:
Thanks Grace for sharing this.

I would like suggest we certify to our lawyers an advocacy request ---
that is, the same thing this Jones Day memo is.

Could Sidley and Adler be tasked with a similar memo directed at the
Board's MEM idea?

[I am concerned that we have our lawyers answering specific questions,
and the Board's lawyers rolling all over the lawn. I would like an even
playing field. The memo from JD is an extraordinary document for lawyers
to have prepared, but if this is the sort of process we are in, it
requires us all to be on a common approach.]

Jordan

On 2 October 2015 at 17:38, Grace Abuhamad <grace.abuhamad@icann.org
<mailto:grace.abuhamad@icann.org>> wrote:

    Dear all,

    Attached please find a memo that Jones Day lawyers just sent to
    Sidley and Adler to respond to some of the characterizations of
    Jones Day's advice.


    This memo is being forwarded to the CCWG-Accountability for
    transparency.


    This memo was also circulated to the ICANN Board after it was sent
    to CCWG-Accountability's Counsel.


    —Grace


    Begin forwarded message:

    *From:* Kate Wallace <kwallace@jonesday.com
    <mailto:kwallace@jonesday.com>>
    *Date:* October 1, 2015 at 8:49:24 PM PDT
    *To:* "Gregory, Holly" <holly.gregory@sidley.com
    <mailto:holly.gregory@sidley.com>>, "Rosemary E. Fei"
    <rfei@adlercolvin.com <mailto:rfei@adlercolvin.com>>
    *Cc:* Lizanne Thomas <lthomas@jonesday.com
    <mailto:lthomas@jonesday.com>>, <jlevee@jonesday.com
    <mailto:jlevee@jonesday.com>>, "Kevin B Espinola"
    <kbespinola@jonesday.com <mailto:kbespinola@jonesday.com>>, John
    Jeffrey <john.jeffrey@icann.org <mailto:john.jeffrey@icann.org>>,
    <samantha.eisner@icann.org <mailto:samantha.eisner@icann.org>>
    *Subject:* *Continued Counsel Dialogue*

    Dear Holly and Rosemary,

    In an effort to continue our dialogue, please see the attached
    document responding to some of the issues raised in the slides you
    distributed on 29 September 2015.

    Thanks,
    Kate

    Kate Wallace
    Partner
    *_JONES DAY® - One Firm Worldwide_**_℠_* <http://www.jonesday.com/>
    555 S. Flower Street, 50th Floor
    Los Angeles, California 90071
    Office +1.213.243.2536 <tel:%2B1.213.243.2536>
    kwallace@jonesday.com <mailto:kwallace@jonesday.com>




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