Paul, John Bellinger did indicate that if the issues were narrowed, he would be open to considering a reduction of his estimate and a possible discount. He also felt that Professor Swayne, as an academic, might have an estimate more consistent with the proposed budget. I hope this helps, Jim James L. Bikoff | Attorney at Law 202-263-4341 Phone 202-263-4329 Fax www.sgrlaw.com jbikoff@sgrlaw.com 1055 Thomas Jefferson Street, N.W. Suite 400 Washington, D.C. 20007 Smith, Gambrell & Russell, LLP -----Original Message----- From: gnso-igo-ingo-crp-bounces@icann.org [mailto:gnso-igo-ingo-crp-bounces@icann.org] On Behalf Of Steve Chan Sent: Wednesday, September 23, 2015 6:37 PM To: Paul Keating Cc: gnso-igo-ingo-crp@icann.org Subject: Re: [Gnso-igo-ingo-crp] - Legal Expert Follow-Up Paul, I realized after sending the email that the WG would want to know why the candidates removed their names from consideration, so thanks for asking the question. David Stewart removed his name because of availability issues and Mark Feldman removed his name because of concerns about the scope of work, as well as the timeline. There were also budget concerns for Mr. Feldman as you’ll recall. Mr. Bellinger was informed that his rate was substantially higher than the budget and as far as I am aware, did not indicate there was much room for negotiation with the current scope of questions. Jim might have more information as he was primarily responsible for these conversations. Finally, I understand your frustrations and staff shares your concern about pace, as well as the sudden lack of qualified candidates. We will continue to try and move things forward as best we can. Best, Steve On 9/23/15, 3:00 PM, "Paul Keating" <paul@law.es> wrote:
Steve
Thanks for the response. I have several Questions/comments.
Why did they remove their names
Did Bellinger receive follow up contact to reconsider rates (that was decided as a thing to do if I recall correctly). Did he not agree to change his rates?
I am very concerned about timing and delays. I have raised this before as it provides an excuse to ignore our work and only consider the response from the 'secret' (my term) group working for the GAC.
We need to get this moving. I personally am growing tired of what I perceive as a lack of support from ICANN given that the need for outside legal assistance was raised months ago and we still have no such assistance. The initial "opinion" letter was not serious IMHO and the fact that this was even considered as a potential solution to the need is a negative IMHO.
I am sorry to be so frank but feel it needs saying. I doubt very much we would - as a WG- be seeing the same sort of delays of this were an issue for the ICANN board.
Sincerely, Paul Keating, Esq.
On Sep 23, 2015, at 11:50 PM, Steve Chan <steve.chan@icann.org> wrote:
George,
Thanks for the follow-up email. We did in fact receive response from the candidates, but unfortunately, not of the nature that we were seeking. Two of the candidates (David Stewart and Mark Feldman) removed their names from consideration and John Bellinger¹s preliminary rate is considerably higher than the allocated budget for this work. However, Mr. Bellinger was kind enough to provide another name for consideration that, with Jim Bikoff¹s assistance, staff is currently reaching out to determine his level of interest and ability to assist (taking into account timing and budget concerns as well). His name is Edward Swaine and he is a law professor at George Washington University (http://www.law.gwu.edu/Faculty/profile.aspx?id=10968). While we await response from him, it would be useful if WG members could review his CV and other background information to ensure that there is support for pursuing this candidate.
Apologies for not providing an update earlier and I regret that the news is not more positive at this juncture.
Best, Steve
On 9/23/15, 11:10 AM, "George Kirikos" <icann@leap.com> wrote:
Just following up on the earlier email from Steve to see whether the candidates responded by September 18th, as it's now the 23rd and I don't think their responses were sent to this working group's mailing list.
Sincerely,
George Kirikos 416-588-0269 http://www.leap.com/
On Fri, Sep 11, 2015 at 6:21 PM, Steve Chan <steve.chan@icann.org> wrote: Dear WG Members,
The purpose of this message is to inform you all that pursuant to the agreed upon actions on Wednesday¹s WG call, staff has worked with the co-chairs to prepare a brief follow-up message to the three final candidates (I.e., John Bellinger, David Stewart, and Mark Feldman), which was just sent a short while ago. The message seeks response by COB Friday, 18 September 2015 or earlier, after which responses will be shared with WG members to help reach agreement on a candidate. If you have any questions, please let me know.
Have a great weekend.
Best,
Steven Chan Sr. Policy Manager
ICANN 12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094-2536 steve.chan@icann.org
direct: +1.310.301.3886 mobile: +1.310.339.4410
tel: +1.310.301.5800
fax: +1.310.823.8649
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