Team NZ's US lawyer joins BMW Oracle Racing legal team for new fight

by Richard Gladwell, Sail-World on 21 Aug 2009 Further legal action in the next few days would seem to be likely with today's announcement that David Boies, has joined the Golden Gate YC legal team.

Boies was previously retained by Team New Zealand in their case against Alinghi and owner Ernesto Bertarelli to pursue claims that the Swiss team had reneged on contractual undertakings to stage the 33rd America's Cup in 2009.

The statement just issued by Head of External Affairs for BMW Oracle Racing, Tom Ehman,does not specifically state the reasons for Boies' engagement, however it is clearly a forerunner to additional legal action.

The statement reads: 'Golden Gate Yacht Club and BMW ORACLE Racing must remain vigilant to ensure that the rules and the running of the 33rd America’s Cup are fair and consistent with the Deed of Gift. It is because of our vigilance that we — and not a make-believe yacht club — are now the Challenger of Record.

'There continue to be serious issues with the way Société Nautique de Genève is conducting their stewardship as Trustee of the oldest trophy in sports, and the way Alinghi have mounted their defense of the America’s Cup — from Day 1 when they tried to issue rules that were widely condemned as 'the worst ... in the history of the America’s Cup' to their recent issuance of measurement regulations that would disqualify our boat if left to stand.

'That is why attorney David Boies and his firm Boies, Schiller & Flexner LLP have joined with our current legal team — to protect our competitive interests, the interests of sailing, and of the Cup itself. BSF’s reputation, legal acumen and track record are exemplary.

'We remain excited about sailing for the 33rd America’s Cup in February 2010. We want this to be the greatest event ever in the history of sailing, and are continuing our preparations to make this happen — even as we continue our fight for fair rules.'

Likely targets for the GGYC legal team are believed to relate to the venue announced for the Defence; the measurement rules also recently announced for the Match; and general fairness of the competition. Also likely to come into play is the hitherto confidential agreement signed between the International Sailing Federation, and the Defender and Event Organiser Societe Nautique de Geneve.

Head of BMW Oracle Racing, Larry Ellison was recently on record expressing disquiet with the venue and arrangements made for the 33rd Match and the provisions of the ISAF agreement which have been revealed to BMW Oracle racing, but are covered by a strict non disclosure agreement.