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RE: [gnso-vi-feb10] Hedging the risk

  • To: "Ron Andruff" <randruff@xxxxxxxxxxxxxxx>, "Roberto Gaetano" <roberto@xxxxxxxxx>, <Gnso-vi-feb10@xxxxxxxxx>
  • Subject: RE: [gnso-vi-feb10] Hedging the risk
  • From: "Austin, Scott" <SAustin@xxxxxxxxx>
  • Date: Tue, 1 Jun 2010 18:46:54 -0400

Roberto:
 
I agree with Ron, having raised the question of harms on the Thursday
call because it seems that inherent in policy change, providing guidance
for a rule and an applicant guidebook there must be some expressed basis
for change. Whether enabling something new (full vertical integration)
or amending/adjusting something old (creating limited exceptions to the
current 100% prohibition); Whether the list is articulated more
diplomatically as "potential risks" or concerns instead of harms that
warrant a policy shift to solve a problem, or alternatively, a policy
shift to allow full vertical integration to realize the benefits  of
perceived "improvements", it is time that the members of the WG agree
enough to commit to writing down the potential risks or improvements so
that we will have something to review to find a way forward. 
 
Best regards,
Scott
 
Scott R. Austin
Roetzel & Andress, P.A.
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Las Olas Centre II, Suite 1150 
Fort Lauderdale, FL 33301 
Direct Phone No.: 954-759-2768
Main Phone No: 954-462-4150
Fax No.: 954-462-4260
Email: saustin@xxxxxxxxx
www.ralaw.com
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________________________________

From: owner-gnso-vi-feb10@xxxxxxxxx
[mailto:owner-gnso-vi-feb10@xxxxxxxxx] On Behalf Of Ron Andruff
Sent: Friday, May 28, 2010 12:45 PM
To: 'Roberto Gaetano'; Gnso-vi-feb10@xxxxxxxxx
Subject: RE: [gnso-vi-feb10] Hedging the risk



I think you have described an excellent way forward, Roberto.  Indeed,
once these issues are looked critically, I am sure that the WG can find
a way forward.

 

Kind regards,

 

RA

 

Ronald N. Andruff

RNA Partners, Inc.

 

 

________________________________

From: owner-gnso-vi-feb10@xxxxxxxxx
[mailto:owner-gnso-vi-feb10@xxxxxxxxx] On Behalf Of Roberto Gaetano
Sent: Thursday, May 27, 2010 6:57 PM
To: Gnso-vi-feb10@xxxxxxxxx
Subject: [gnso-vi-feb10] Hedging the risk

 

The point I tried to make earlier in the call is that it seems to me
that if we try to answer the binary question: "Is there a risk in VI?"
we polarize the answers in two opposite camps, and will never be able to
solve the issue, unless we use methods widely proposed in Wild West
movies.

The reason for this is the inherent suspicion, sometimes mistrust, of
people on opposite camps on eachother. 
My thought is to try to put these fears down in a rational way. 
What are the risks? We do have a list already. Let's forget for a moment
that some do believe that those are only abstract risks, and that have
no substance in practice.

It might be possible for each potential risk (maybe calling them
"potential" can satisfy those who believe that the risks exist and those
who believe they do not?) to identify ways to limit the risk or cases in
which the risk does not apply.

Cheers, 
Roberto 


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