Re: [ga] Legal Expenses Review

[Jeff Williams <jwkckid1@ix.netcom.com>]

Jefsey and all assembly members,

  Let me thank Jefsey for providing this to the GA forum.  Thank you
Jefsey.

  This report was quite interesting in my first reading.  I have of
course
passed it on to our members for their intense review, as well as
our legal staff.

  There were however some thoughts based on my first reading that
came to mind given recent interests expressed by some of our
GA members that I thought would be useful for the betterment of the
GA.

  Given that Jones, Day, Reavis & Pogue has collected some
US$ 88,711.68 in the month of July 2001 alone, perhaps
they could be persuaded to donate a portion of that sum to
help provide for funding of the GA.  I am sure that our
outreach person, one Eric Dierker could work with
Louis Touton and Joe Sims in making a pitch for
Jones, Day, Reavis & Pogue to give serious consideration
at least to such a donation to the budget for the GA.

What do you say here Eric?  Can you handle it?
If you need or require assistance, please don't
hesitate to ask me.  I am also sure others of the
GA would also be happy to assist you in this
endeavor as well.  After all we are all in this
together.  Lets try to work together in this
necessary and helpful positive endeavor!  >:)

Jefsey Morfin wrote:

>    Dear Stuart,
> I think the GA's role is also to audit what the ICANN budget. I am
> interested in having your comments and responses on the following
> points in
> reference to the BoD Decision upon your proposition quoted at the end
> of
> this document.
>
> - on this $ 90.000 paid to Jones, Day, Reavis & Pogue how much was a
> preparation to the reject of the proposed contract by the ccTLDs, how
> much
> will be usable for the next ccTLD round?
>
> - I suppose that internal legal budget share (Louis Touton and Theresa
>
> Swinehart, plus secretariat, lodging expenses, travel and living,
> etc...)
> is around $ 30.000 a month. On that budget how much was dedicated to
> the
> preparation of the afore said reject that everyone took for granted
> from
> previous experience?
>
> - has any person of the Staff and BoD been made aware by these legal
> Counsels and internal legal advisors that when discussing a proposed
> contract it is sometimes of interest to involve the other party in
> some
> kind of a negotiation, and to take into account the other party's
> propositions? Has the legal counsels been aware that the ccTLDs have
> worked
> out a contract they are ready to sign for one year?
>
> - knowing that ccTLDs donate the ICANN $ 1.000.000 a year, I would
> like to
> know how much is spent on a yearly basis on the preparation of the
> always
> rejected contract since the beginning of the ICANN? Knowing that ccTLD
>
> registrants foot that costs, would it no be reasonable to stick to the
>
> existing statu-quo permitting good operations for more than 15years
> and
> documented by RFC 1591 and ICP-1?
>
> - if the target is to replicate with ccTLDs the success of .biz and
> .info,
> what are the provisions entered in 2002/3 etc.. budgets to respond the
>
> legal cases made by the various national registrant communities. Do
> the
> contract with Jones, Day, Reavis & Pogue allows a refund in case of
> non
> satisfactory advises having led to a conflicting situation were
> existed
> none. (I am sorry but I am not familiar with this practice: I use to
> call
> on lawyers to settle conflicts, not to build them: in such cases I
> call on
> fortune soldiers {Charles Mollon tells me that may be Jones Day is a
> mercenary commando under disguise. I don't think so: they would be
> cheaper)).
>
> I thank you for your comments and responses to theses questions and
> for
> your response to the additional questions Fellow Members from his
> Honorable
> Assembly might want to add.
>
> I just want to add that I am genuinely upset by such an unnecessary
> expense
> and the fact that ICANN yet cannot foot the NCDNHC budget ($55.000)
> spend
> the travel cost ($2500) of the DNSO candidates to the BoD, foot the
> travel
> costs of the GA Chair and Alt.Chair ($2500), cannot foot the travel of
> NC
> Members ($25.000), that is in total less than what they have lost with
>
> Jones Day in July. I am also upset at ccTLDs as they continue to foot
> that
> kind of waste instead of investing into a serious ccTLD management
> program
> and into a secondary server system.
>
> Jefsey Morfin
>
> <quote>
>
> "Payment of Legal Expenses
> Whereas, ICANN had significant needs for legal services in the month
> of July
> 2001 concerning ccTLD agreements, including preparation of a program
> under
> which ICANN would be capable of negotiating and entering up to five
> ccTLD
> agreements per month;
>
> Whereas, Jones, Day, Reavis & Pogue provided extensive legal services
> to
> meet these needs;
>
> Whereas, ICANN received an invoice from Jones, Day for US$ 88,711.68
> for
> these legal services rendered in July 2001;
>
> Whereas, the President reviewed the invoice and determined that in his
>
> opinion it represents a proper indebtedness of ICANN, is for
> authorized
> services, and should be paid;
>
> Whereas, the President has advised the Executive Committee that ICANN
> has
> adequate funds to pay this invoice;
>
> Whereas, in resolution 99.121 the Board delegated to the Executive
> Committee
> the authority (with exceptions not here relevant) to exercise all the
> Board's powers in the oversight of the management of ICANN's affairs,
> including in financial matters;
>
> Whereas, the President advised the Executive Committee's members of
> his
> opinion that the invoice should be paid;
>
> Resolved [EC01.17] that payment to Jones, Day, Reavis & Pogue of
> US$ 88,711.68 for legal services provided to ICANN in ccTLD agreements
>
> during the month of July 2001 is hereby approved and authorized.
> http://www.icann.org/minutes/prelim-report-16oct01.htm "
>
> Regards

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 118k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-447-1800 x1894 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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