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As previously disclosed, Afilias Domains No.
−Removed: 3 Limited (now called Altanovo Domains Limited ) (“Afilias”), a competitor and losing bidder in the .web auction, filed a form of arbitration proceeding against ICANN, an Independent Review Process (“IRP”) under ICANN’s bylaws, on November 14, 2018.
−Removed: Afilias alleges that the agreement between Verisign and Nu Dotco, LLC (“NDC”) pertaining to .web violated ICANN’s new gTLD Applicant Guidebook.
−Removed: As a result, Afilias claims that ICANN had a duty to disqualify NDC’s bid and award the .web gTLD to Afilias.
−Removed: Afilias also claims that ICANN would violate its bylaws pertaining to competition by awarding the .web gTLD to Verisign.
−Removed: Afilias amended its IRP request on March 21, 2019 in part to oppose Verisign’s and NDC’s participation in the IRP.
−Removed: A hearing was held on Verisign’s and NDC’s applications for participation and, on February 12, 2020, the IRP panel permitted Verisign and NDC to participate in aspects of the IRP.
−Removed: In early August 2020, the IRP panel held a hearing on Afilias’ claims.
−Removed: The IRP panel issued its final decision on May 20, 2021.
−Removed: Consistent with Verisign’s position, the IRP panel dismissed Afilias’ claims for relief seeking to invalidate the .web auction and to award the .web gTLD to Afilias, concluding that such issues were beyond the IRP panel’s jurisdiction.
−Removed: Furthermore, as expected, the IRP panel’s ruling recommended that ICANN’s Board of Directors consider the objections made regarding the .web auction and then make a decision on the delegation of .web .
−Removed: With respect to ICANN, the final decision said that certain actions and/or inaction by ICANN in response to Afilias’ objections did violate aspects of ICANN's bylaws related to transparency and fairness.
−Removed: On June 19, 2021, Afilias filed an application to the IRP panel requesting that it interpret certain terms of, and make certain amendments to, the final decision.
−Removed: The IRP panel denied that application in its entirety on December 21, 2021 finding that it was “frivolous” and sanctioning Afilias by directing it to pay ICANN’s attorney fees.
−Removed: On January 16, 2022, ICANN’s Board directed its Board Accountability Mechanisms Committee (“BAMC”) to review the IRP panel’s final decision and to provide the Board with its findings to consider and recommendations to act upon regarding the award and delegation of .web .
−Removed: On May 19, 2022, the BAMC requested that the parties submit detailed summaries of their claims along with supporting materials.
−Removed: All parties submitted the requested materials by August 29, 2022.
−Removed: It is expected that after the BAMC makes its findings and recommendations, the ICANN Board will determine the final disposition of .web .
+Added: 3 Limited (now called Altanovo Domains Limited ) (“Afilias”), a competitor and losing bidder in the .
+Added: web auction, filed a form of arbitration proceeding against ICANN, an Independent Review Process (“IRP”) under ICANN’s bylaws, on November 14, 2018.
+Added: Afilias alleged that the agreement between Verisign and Nu Dotco, LLC (“NDC”) pertaining to .
+Added: web violated ICANN’s policies.
+Added: ICANN paused the processing of NDC’s .
+Added: web application during the IRP proceeding.
+Added: On May 20, 2021, the IRP panel dismissed Afilias’ claims pertaining to the invalidation of the .
+Added: web auction and it recommended that ICANN’s Board of Directors review the objections about the .
+Added: web auction and thereafter make a decision on the delegation of .
+Added: Further, the IRP panel rejected a subsequent application for reconsideration filed by Afilias, imposing monetary sanctions and concluding that the application was frivolous.
+Added: Thereafter, ICANN’s Board considered the objections raised pertaining to the .
+Added: web auction pursuant to a lengthy and detailed process.
+Added: On April 30, 2023, the Board concluded without objection that Verisign and NDC did not violate any ICANN’s policies and it directed that the processing of NDC’s .
+Added: web application be resumed.
+Added: web could be awarded to NDC, Afilias filed another IRP on July 14, 2023, and as a result, ICANN’s processing of NDC’s .
+Added: web application remains paused.
+Added: Similar to the first IRP, Afilias again seeks to invalidate the .
+Added: web auction and have .
+Added: web awarded to Afilias.
+Added: Verisign and NDC intend to seek to participate in this new IRP at the appropriate time.
+Added: In view of the outcome of the first IRP, the prior imposition of sanctions on Afilias, and the ICANN Board’s decision of April 30, 2023 we believe that Afilias’ continued attempts to obtain the rights to .
+Added: web are improper and without merit and undertaken for the purpose of delaying the delegation of .
+Added: web to NDC and its eventual assignment to Verisign.
We are also involved in various investigations, claims and lawsuits arising in the normal conduct of our business, none of which, in our opinion, will have a material adverse effect on our financial condition, results of operations, or cash flows.
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Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.