GGYC Files Breach of Fiducary Duty Complaint against SNG.


It’s on. The next court case that is, and the GGYC propaganda machine just keeps on rolling. Of course by now, the American team know that people are pretty set in their ways and the fans of the America’s Cup are either firmly on one side or the other, or have ripped up their team t-shirts to wash the car with and moved onto something else.

The latest laundry-list whinge by GGYC and BMW ORACLE doesn’t contain anything new, rather it is a re-hash of complaints put forward in the press and other statements. The list goes like this:

Foremost among a catalogue of failures of SNG and listed in a Breach of Fiduciary Duty complaint are:

  • Offering the America’s Cup hosting rights in order to extract secret commercial deals
  • Repeated attempts to seize control of the rules and officiating processes to ensure that Alinghi can not lose
  • Moves to disqualify GGYC’s yacht despite assurances to the New York Supreme Court that this would not happen
  • Selecting Ras Al Khaimah for the 33rd Cup to further its own business interests whilst exposing GGYC to unnecessary danger

The full complaint is on the GGYC website…

Meanwhile, hot-shot litigator for GGYC, David Boies has appeared on CNBC to talk about the issues. The anchor, not used to talking about sailing asks sports reporter Darren Rovell about “one unusual story” that is the “annual” America’s Cup…

Of course, Alinghi released a response which includes the same old stuff from the usual suspects.

Fred Meyer’s statement says in part:

“As two-time winner of the America’s Cup and organiser of what was widely considered the most successful America’s Cup event ever in Valencia, Spain, in 2007, SNG and Alinghi will continue to fight for their legitimate rights in order to promote the sport of sailing around the world. We hope that GGYC will abandon this unsportsmanlike conduct and either join the competition on the waters off Ras Al Khaimah this February or let other teams who want to participate challenge for the Cup.

Not to be outdone by GGYC’s shiny lawyers, Barry Ostrager, lead legal counsel for Société Nautique de Genève added:

“The complaint is an affront to the America’s Cup, to the UAE, to our country’s relationship with an important ally, and to the judicial process. It is just a PR stunt. There is nothing in the complaint that hasn’t been the subject of prior or pending legal proceedings. Basically, GGYC doesn’t want to race SNG on the water after it disenfranchised 19 other clubs from competing in an elimination series and dislocated hundreds of sailors and participants in the sailing industry.”

Up to you Judge!