Draft Legal Scope Google Doc; Search for Counsel
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
John: 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, Greg *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@lawabel.com <gsshatan@lawabel.com>* *ICANN-related: gregshatanipc@gmail.com <gregshatanipc@gmail.com> * *www.lawabel.com <http://www.lawabel.com/>* On Fri, Jan 16, 2015 at 3:30 PM, John Poole <jp1@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
Here is another suggestion for a legal expert that I think would be good to consider: James Schwartz Partner _______________________ Manatt, Phelps & Phillips, LLP 11355 W. Olympic Blvd Los Angeles, CA 90064 D (310) 312-4182 F (310) 914-5743 My understanding is that he has the right expertise and experience to help the CWG understand the limits under California nonprofit law in terms of accountability. Chuck From: cwg-stewardship-bounces@icann.org [mailto:cwg-stewardship-bounces@icann.org] On Behalf Of Greg Shatan Sent: Friday, January 16, 2015 5:35 PM To: John Poole Cc: cwg-stewardship@icann.org Subject: Re: [CWG-Stewardship] Draft Legal Scope Google Doc; Search for Counsel John: 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, Greg 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@lawabel.com<mailto:gsshatan@lawabel.com> ICANN-related: gregshatanipc@gmail.com<mailto:gregshatanipc@gmail.com> www.lawabel.com<http://www.lawabel.com/> On Fri, Jan 16, 2015 at 3:30 PM, John Poole <jp1@expri.com<mailto:jp1@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
Chuck, Thanks. I'm not familiar with him, but Manatt is another excellent California-based multi-office law firm. Greg *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@lawabel.com <gsshatan@lawabel.com>* *ICANN-related: gregshatanipc@gmail.com <gregshatanipc@gmail.com> * *www.lawabel.com <http://www.lawabel.com/>* On Sun, Jan 18, 2015 at 12:16 PM, Gomes, Chuck <cgomes@verisign.com> wrote:
Here is another suggestion for a legal expert that I think would be good to consider:
*James Schwartz *
Partner
*_______________________*
*Manatt, Phelps & Phillips, **LLP*
11355 W. Olympic Blvd
Los Angeles, CA 90064
*D* (310) 312-4182 *F* (310) 914-5743
My understanding is that he has the right expertise and experience to help the CWG understand the limits under California nonprofit law in terms of accountability.
Chuck
*From:* cwg-stewardship-bounces@icann.org [mailto: cwg-stewardship-bounces@icann.org] *On Behalf Of *Greg Shatan *Sent:* Friday, January 16, 2015 5:35 PM *To:* John Poole *Cc:* cwg-stewardship@icann.org *Subject:* Re: [CWG-Stewardship] Draft Legal Scope Google Doc; Search for Counsel
John:
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,
Greg
*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@lawabel.com <gsshatan@lawabel.com>*
*ICANN-related: gregshatanipc@gmail.com <gregshatanipc@gmail.com> *
*www.lawabel.com <http://www.lawabel.com/>*
On Fri, Jan 16, 2015 at 3:30 PM, John Poole <jp1@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
participants (3)
-
Gomes, Chuck -
Greg Shatan -
John Poole