[Eg-oversight-board] [sfconservancy.org #1156] Mobius Legal Fees: Evergreen: 2018-05 & 2018-06: Invoice 4310

[Gagnon, Ron]

Scott,
Great to hear, thank you!
Ron

On Thu, Sep 13, 2018 at 1:07 PM, scott.thomas at sparkpa.org <
scott.thomas at sparkpa.org> wrote:

> Hi Jason,
>
>     I took it upon myself to serve as intermediary between MOBIUS and SFC.
> I believe (I hope) we are making some progress.
>
>
>
> Scott
>
>
>
> *From:* eg-oversight-board [mailto:eg-oversight-board-
> bounces at list.evergreen-ils.org] *On Behalf Of *Boyer, Jason A
> *Sent:* Thursday, September 13, 2018 12:42 PM
> *To:* Donna Bacon <donna at mobiusconsortium.org>
> *Cc:* eg-oversight-board at list.evergreen-ils.org
> *Subject:* [Eg-oversight-board] FW: [sfconservancy.org #1156] Mobius
> Legal Fees: Evergreen: 2018-05 & 2018-06: Invoice 4310
>
>
>
> Hi Donna, I don't know if anyone else has reached out to you or anyone
> else at MOBIUS but do you know who we should put Karen in contact with to
> help answer these questions?
>
>
>
> Thanks
>
>
>
> Jason
>
>
>
> --
>
> Jason Boyer
>
> MIS Supervisor
>
> Indiana State Library
>
> http://library.in.gov/
>
>
>
> *From:* Karen Sandler via RT [mailto:accounts-payable at tix.
> sfconservancy.org <accounts-payable at tix.sfconservancy.org>]
> *Sent:* Tuesday, September 11, 2018 10:23 PM
> *Cc:* evergreen at sfconservancy.org; terlaga at biblio.org
> *Subject:* [sfconservancy.org #1156] Mobius Legal Fees: Evergreen:
> 2018-05 & 2018-06: Invoice 4310
>
>
>
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> ------------------------------
>
> On Wed, Sep 12, 2018 1:51:45 AM, bkuhn wrote:
>
>
>
> I've added the Evergreen Oversight Board to this ticket so they can follow the matter closely, since we're waiting for them.
>
>
>
> Just in case it's helpful, since I'm not sure who has gotten what email at
> this point, here's the basic explanation of the issues from when we first
> got the invoice in June:
>
>
> Hi Evergreen Oversight Board!
>
> In our call a few weeks ago, I raised the question about making sure MO
> legal counsel was retained for the launch of the new org. At the time, you
> indicated you were receiving some help from MOBIUS, and that we'd discuss
> later how the formal legal services would be arranged.  So we were
> surprised to receive an invoice today from MOBIUS that looks like it's for
> legal services. Is this connected to the incorporation of the new
> Evergreen entity or related perhaps to legal work MOBIUS did in connection
> to the conference or evaluating the fit with MOBIUS for fiscal
> sponsorship?
>
> Usually when you receive an invoice for legal fees, it's at an agreed-upon
> rate against a signed engagement letter that spells out what to expect
> from the legal counsel relationship. It also sets out who exactly is the
> client which is useful for understanding how attorney-client privilege
> will work in the future.  Is there an engagement letter or other agreement
> in place? Is the work that MOBIUS is doing against an hourly rate or a
> flat fee? And what rate was negotiated? What work is included? Do you know
> if MOBIUS retains legal malpractice insurance that would protect
> Evergreen's new organization? Or is this MOBIUS retaining outside counsel
> to work on the new organization's behalf?
>
> If not, does Evergreen have Missouri counsel that is independent from
> MOBIUS? You've said that the new organization will be contracting with
> MOBIUS, so there is already some degree of conflict of interest. Was that
> flagged and dealt with?
>
> Conservancy can likely pay legal fees from Evergreen's fund, but we need
> to make sure that we fully understand the attorney/client relationship
> here because paying legal fees of other parties with whom you're
> negotiating is very complicated.
>
> It probably makes sense for me to reach out to the lawyers being paid
> through this invoice to get the answers to these questions and make sure
> we're all on the same page but I don't want to do that until I'm sure I
> understand what's going on.
>
>
> thanks,
> karen
> --
>
> Karen M. Sandler
> Executive Director, Software Freedom Conservancy
> __________
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>


-- 
Ronald A. Gagnon
Executive Director
North Of Boston Library Exchange (NOBLE)
Danvers, Massachusetts  01923
978-777-8844
www.noblenet.org
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