September’s Players: Who’s on First?

It’s said that in September Judge Herman Cahn in New York (not THE Herman Kahn of On Thermonuclear War year's ago's block-buster book fame) will be ruling and educating us all on trust law regarding BMW/Oracle’s challenge to Alinghi, covered in an article below.

Some key dates: Sept. 5 and Sept. 10 - - deposition delivery dates to the Judge to see if the case falls within his jurisdiction and court. The yachts are circling the starting line; they're selecting the proper genoas and readying spinnaker gear.

But the real fireworks may not start until October, it’s said, when all the LAWYERS (Non-sailors all? For shame!) fire their salvos at the broadsides of the Cup-sters - - holder and holder-wannabe.

Just how far back the judge may dig into the Cup's "dirty laundry" may taint the current legal challenge and help/hurt in determining its outcome, since there appears to be “some precedent” on both sides of the battle - - OK, it's really a stretch to say something like this has happened before. We're on thin, unprecedented, legal ice here, your Blog Host, The Biffster, notes.

Meanwhile, the America’s Cup Management (ACM) organization very likely isn’t just sitting around wondering how this all will play out. They have their own fresh and shiny (untarnished) Arbitration Panel ready to deliver its opinions. Welcome to the fray. Or maybe not, depending upon what they dream up.

We’ll see how this plays out . . . .