Tuesday, February 24, 2009

Alessandra Pandarese, Mascalzone's legal advisor, comments on the last oral hearing in NY Court

Mascalzone Latino published today on their website a brief interview with Alessandra Pandarese, their legal advisor, concerning the last oral hearing in the America's Cup court case that took place two weeks ago in Albany. The interview was done in Italian and the translation is mine, meaning there could be some small errors or mistakes. Nevertheless, the general picture is crystal clear. Pandarese sees a victory for GGYC as the only positive outcome and hopes the judges decide in favor of the American yacht club.

Question: What is your view on the oral hearings?
Alessandra Pandarese: The times for oral arguments were very, very short and each of the 2 parts had 15 minutes available that were divided according to their plan. First of all, GGYC's lawyer had 10 minutes then SNG's and CNEV's lawyers split their 15 minutes and finally, GGYC's lawyer used her remaining 5 minutes for her closing arguments.

Time was so short that it was impossible to repeat written arguments and I think that during the audience there has been a barrage of questions from the judges who showed they had in-depth knowledge of the issue. The arguments concentrated on the key element, that is whether the prerequisites had to be satisfied when the challenge was presented and in particular whether the annual regatta had to have taken place before the challenge was presented. Obviously, Alinghi's position was the opposite and the questions focused mainly on these points. Still, the judges asked for clarifications regarding the mechanism in the America's Cup with which challenges can become multiple challenges. In my view, GGYC's defense showed in an efficient way that the mutual consent aspects are succedent and that the challenge must meet the prerequisites the moment it is received by the defender.

Question: What are the possible outcomes?
Alessandra Pandarese: We have to wait for the decision. The decision could have the most varied content. We hope the court decides in the sense it approves GGYC's view, which we have supported and consider to be the one that guarantees a future for the America's Cup by guaranteeing that no ad hoc challenger can be established by the defender. Only that way there can be a real and true counter party, something that hasn't been verified in this case. We hope that a general principle be established in that sense,

Obviously, everything lies in the hands of the judges. They could decide not to accept GGYC's view and rule in favor of Alinghi. There are even intermediate outcomes such as the possibility the court sends the case to a higher level in order to obtain further clarifications. This is a gray area and I'd rather not consider it. The sailing community and the America's Cup community want to have a decision that is either black or white.

Question: What will happen if GGYC wins and what if SNG wins?
Alessandra Pandarese: IF BMW Oracle wins there are two possible outcomes. Either the Deed-of-Gift match, as we all know, or a negotiation with the Defender, something that Oracle is willing to do, as stated to the judges. As a result, it is possible to have a future multi-challenger event. If Alinghi wins, they have stated numerous times they would hold a multi-challenger event but the rules are under discussion. These are the most probable outcomes although they are not sure.

Question: Can the court rule against both parties, GGYC and SNG?
Alessandra Pandarese: No matter what the issue could be in a legal case, commercial or sports, there can always be surprises. In my opinion this is a very marginal outcome but still an issue raised by Alinghi in the case concerns the lack of clarity in GGYC's certificate and challenge. As a result, in theory this is also an issue to be considered by the court. As we said there can be intermediate outcomes but we will have to face them once they are made public. For that reason we'll have to wait for the decision.

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At 12:09 AM, Anonymous Anonymous said...

Excellent performance to say absolutely nothing while trying to grab her "15 min of glory".

Pandarese is hopeless and frankly no one needs her biased opinion.
She supports GGYC as it is her only chance to exist.

"Wait and see!" is the only thing to say.

At 1:43 AM, Anonymous Anonymous said...

12:09 - And what do you know if any when compared to Alessandra?

Oh, maybe you are a typical SNG & Alinghi supporter w/ a holier than thou attitude towards entitlement.

Check this out that includes the America's Cup -

"UBS Used PGA, Cultural Events to Woo U.S. Tax Cheats"


At 2:08 AM, Anonymous Tim Minogue said...

Pandarese focuses too much on what the lawyers said and not enough on the questions the judges asked. It is clear from the questions of Smith and Ciparick that the judges appreciate that the key dispositive argument in this case is that the Deed requires the challenger to have an ocean water course and that the timing of the annual regatta is incidental.

Trouble for GGYC is that Maureen Mahoney clearly states that there are only three pieces of extrinsic evidence that should be considered, and the first one of these ("Notes made by J. Frederic Tams") includes draft wording for the Deed that makes it very clear that it was the ocean water course that was of paramount importance.

This gives the appeals court an easy path, a ruling for SNG that confirms the Appellate Division ruling and allows the America's Cup to proceed without further disruption. By stating that Tams' letter should be admitted as extrinsic evidence, GGYC has hoist themselves by their own petard.

My guess is that the Appeals Court will rule in favour of SNG, in spite of the underwhelming performance of their lawyers.

At 4:30 AM, Blogger Peter Huston said...

But we need your biased opinion in support of Alinghi exactly why?

At 9:29 AM, Anonymous Anonymous said...

You introduce this woman as an authority on the matter. She has no more of an idea than anybody else.

At 2:59 PM, Anonymous Norberto said...

Alessandra is just trying to steer up the shite a little bit .... she has been bored because nothing is happening, and everybody has to sit still and wait.

In kindergarten the teacher would say: Alessandra, be quiet now, and go back to your corner!

At 4:13 PM, Blogger Norberto said...

"norberto", you seem to know a lot about kindergarten. maybe this is where you belong, impostor.

norberto, the real one

At 8:57 PM, Anonymous Norberto the real sailor said...

Yes, you are right, I have learned a lot about "kindergarten" from the BOR team and their ridiculous way to block a world class event for everybody. In fact we all have learned from BOR and Mr. Larry that a huge ego and bad advice (from Mr. Tom) is a deadly combination.

But, luckily, soon we will be watching the next AC, and best of all without the idiots from GGYC.

At 6:15 PM, Anonymous WetHog said...

"But, luckily, soon we will be watching the next AC, and best of all without the idiots from GGYC."

Not so fast imposter Norberto. BMWO, unlike Alinghi, never put a limit on their court opportunities. If BMWO loses in the NYSC Alinghi should be prepared for more. Don't ask me how (UBS shenanigans) but it sure is possible.


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