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Fwd: RE: Pro Bono Counsel for Open Mobility Foundation as Amicus in Sanchez

From: James Bryce Clark
To: [email protected]
Date: Tue, 28 Sep 2021 17:13:00 -0000

Forwarding this to the OODF "managers" list just so we have it archived in a stable place. Apologies for any duplication. J James Bryce Clark, General Counsel, OASIS Open, setting the standard for open collaboration ---------- Forwarded message --------- From: Jascha Franklin-Hodge < [email protected] > Date: Tue, Sep 28, 2021 at 6:56 AM Subject: Re: RE: Pro Bono Counsel for Open Mobility Foundation as Amicus in Sanchez To: Jamie Clark < [email protected] > Cc: Scott McGrath < [email protected] >, Cathie Mayo < [email protected] >, Guy Martin < [email protected] > Thanks, Jamie. Very helpful. We will proceed as advised. Jascha Franklin-Hodge Executive Director On Mon, Sep 27, 2021 at 11:19 PM, Jamie Clark < [email protected] > wrote: Dear Jascha and Scott: Scott asked me to give this a quick read. I don't see any problems with the engagement as written, provided that you keep the following in mind. OMF has a longer, awkward formal legal name as you know, as a series within an LLC . B ut given that OMF is an amicus, not a party in interest, it seems to me that just calling it "Open Mobility Foundation" in most cases is simpler, clearer, and not misleading . Also true when you identify OMF as the amicus party. However, if the amicus brief has a preliminary paragraph declaring the interest of the filer , and precisely describing OMF ("The Open Mobility Foundation is a ..."), consider writing carefully so that it's fully legally accurate . For example, maybe "OMF is a nonprofit 501(c)(3) foundation organized as a series of a California LLC, for the purposes of bla bla bla." Also, if you needed to sign binding affidavits as OMF, or enter into binding money contracts (both of which seem unlikely), definitely give thought to using the series ' official full legal name. If not already done (and with apologies, we do n't regularly surveill minutes, so I wouldn't know), we recommend that you advise your Board in writing of the pro bono engagement, or just shar e the engagement letter with them. This will give them their oversight opportunity to ask any questions . Given that your Board is just cities, and that Board correspondence on legal matters can be confidential, it's unlikely you would be giving away much to do so. Cordially and best of luck with this Jamie James Bryce Clark General Counsel OASIS Open [email protected] Xing LinkedIn Twitter Setting the standard for open collaboration . On Mon, Sep 27, 2021 at 1:31 PM Scott McGrath < [email protected] > wrote: ---------- Forwarded message --------- From: Jascha Franklin-Hodge < [email protected] > Date: Fri, Sep 24, 2021 at 8:55 AM Subject: Fwd: RE: Pro Bono Counsel for Open Mobility Foundation as Amicus in Sanchez To: Scott McGrath < [email protected] >, Cathie Mayo < [email protected] > Hi, Scott and Cathie: We are working with a law firm to file a pro bono amicus brief on behalf of the OMF in a case related to the Mobility Data Specification. They have sent the attached engagement letter. It's very straightforward and there's no money involved, but I still wanted to run it by you before we signed. Let me know if you have any questions/concerns, or if it's OK to proceed. Thanks, Jascha Franklin-Hodge Executive Director ---------- Forwarded message ---------- From: Alana Rotter < [email protected] > Date: Thursday, September 23 2021 at 7:03 PM EDT Subject: RE: Pro Bono Counsel for Open Mobility Foundation as Amicus in Sanchez To: Jascha Franklin-Hodge < [email protected] > Cc: Nadia Sarkis < [email protected] > Great. My colleague Nadia Sarkis will likely join the conversation as well, since she ll be working with me on the brief. In the meantime, I m attaching an engagement letter for this project. Please review it, let me know if you have any questions, and if not, sign and return it to me (PDF is fine). From: Jascha Franklin-Hodge < [email protected] > Sent: Thursday, September 23, 2021 9:56 AM To: Alana Rotter < [email protected] > Subject: RE: Pro Bono Counsel for Open Mobility Foundation as Amicus in Sanchez That's perfect. Just sent an invite with a zoom link. Talk with you tomorrow . Jascha Franklin-Hodge Executive Director On Thu, Sep 23 , 2021 at 11:05 AM, Alana Rotter < [email protected] > wrote: Nice to meet you too, and thanks for the holiday wishes. Let s do Friday, 9/24 at 1 pm PT if that still works for you. Do you prefer zoom or phone? From: Jascha Franklin-Hodge < [email protected] > Sent: Tuesday, September 21, 2021 8:48 AM To: Alana Rotter < [email protected] > Subject: Re: Pro Bono Counsel for Open Mobility Foundation as Amicus in Sanchez Thanks, Seleta and Jonathan (to BCC). And great to meet you, Alana. I appreciate your willingness to support us in this work. When you're back in the office, let's find a time to connect. Some times that would work for me: Friday 9/24 : 1pm PT Tuesday 9/28 : 1pm PT Wednesday 9/29 : 8am-10:30am or 1pm PT Let me know if any of these are good for you. Chag sameach, Jascha Franklin-Hodge Executive Director On Mon, Sep 20 , 2021 at 8:59 PM, Seleta Reynolds < [email protected] > wrote: Thank you, Jonathan! Alana, it s a pleasure to meet you virtually. I am looping in the OMF s Executive Director, Jascha Franklin-Hodge. We are at your disposal and grateful for your assistance. - Seleta Seleta Reynolds General Manager Los Angeles Department of Transportation 213.972.8480 Sent from my mobile device. Please forgive brevity and typos. On Sep 20, 2021 , at 5:56 PM, Jonathan Eisenman < [email protected] > wrote: ï Hi Seleta, My former private-practice colleague Alana Rotter has agreed to lead a team at Greines, Martin, Stein & Richland to take on the Open Mobility Foundation's amicus brief in Sanchez . Alana is among the most insightful people with whom I've worked in my legal career. I've copied her here by way of introduction. She's celebrating a holiday on Tuesday and Wednesday of this week, but should be available after that to discuss the project. Whether you need or would like my participation in that conversation I'll leave to you and Alana--with the caveat that I have only high-level thoughts to share (and I've already shared them with you). As a reminder, the City's brief is due on October 22 , and I will hold it to file until at least then (i.e., I won't file it early, and could seek an extension). Any amicus briefs supporting the City must be filed by "no later than 7 days after" the City's brief. I expect that Sanchez will consent to their filing, since we consented to the filing of all of the briefs supporting Sanchez as a routine courtesy. Jonathan H. Eisenman Deputy City Attorney City of Los Angeles *****************Confidentiality Notice ************************* This electronic message transmission contains information from the Office of the Los Angeles City Attorney, which may be confidential or protected by the attorney-client privilege and/or the work product doctrine. 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