I think @berrios.eth had a good suggestion with a code of conduct.
Maybe I have to much of a conservative approach to these kinds of legal issues, but moving forward the DAO should consider memorializing and adopting the following:
- Legal Agreements between the Foundation and the Directors and all other parties the Foundation contracts with “in the real world”;
- By-Laws (which are already anticipated and referenced in the Foundation’s Memorandum and Articles); and
- Conflict of Interest Rules and Guidelines for DAO voting.
It might make sense for a legal subgroup to organize that can undertake drafting of this type of documentation on behalf of the Foundation and have a general ongoing aim of identifying legal risks and potential liabilities as they arise while developing legal strategies to minimize the same and protect the DAO/Foundation. In many ways a legal subgroup could fill similar roles as general counsel.
As an example a legal subgroup might have provided a single source of guidance, consistent with the Foundation’s legal documentation and the laws of the Caymen Islands, with respect to concerns of a conflict of interest/appearance of a conflict raised by the community. Or if appropriate a legal subgroup could have recommended a stay of EP6.1 pending the DAO obtaining an opinion from independent counsel licensed in the Caymen Islands. It would likely be a better solution and result than having these same issues appear in multiple threads across the forum that all tend to dissolve into debates rather than official resolutions of the issue.
Just some thoughts/recommendations based on my legal experience, but again perhaps to formal and conservative of an approach for how the DAO/Foundation wishes to approach legal issues.