America s Cup - San Francisco, Spasini and the Giacomini Lawsuit

Transcription

1 T H E B A R A S S O C I AT I O N O F S A N F R A N C I S C O / S U M M E R HANSON BRIDGETT REPRESENTS AMERICA S CUP 34 Inside... Legal Services for Veterans BASF s Court Programs California Judicial Appointments Choosing a Forensic Psychiatric Expert Plus... U.S. Supreme Court Use of Cameras, Cycling for Transportation and Fun, Review of Recent Tax Cases, And More

2 HANSON BRIDGETT: OFFICIAL OUTSIDE COUNSEL TO THE AMERICA s CUP Nina Schuyler From left, Jonathan Storper, Dorothy Liu, Andrew Giacomini, BASF s Legal Advice and Referral Clinic (LARC) Michael UC Conneran, Hastings College and Garner of the Law Weng at Pier 27, future home to the public interaction space for the 34th America s Cup 14 SPRING 2012

3 Photo by Jim Block In August 2011, Andrew Giacomini, managing partner of Hanson Bridgett, found himself on an AC45 wing-sailed catamaran, racing along the waters of the Estoril coast in Cascais, Portugal. As a guest racer on one of the French sailboats, he had one of the best seats in the house for the first race of the America s Cup World Series. That s just one of the perks of being the official outside counsel to the America s Cup. In June 2011, Hanson Bridgett won the three-year contract to serve as official law firm to the 34th America s Cup. With more than 150 lawyers, headquartered in San Francisco with five offices across California, Hanson Bridgett beat out other firms, says Giacomini, in part because of the firm s local connections. It didn t hurt that he proposed an alternative billing arrangement rather than a retainer or a traditional hourly agreement. The contract covers the America s Cup Challenger Series and the America s Cup World Series, which began in Portugal and includes up to sixteen regattas around the world over two seasons. While there are events around the globe, San Francisco is the centerpiece. The city will serve as home to the Louis Vuitton Cup, July 13 September 1, 2013, and the 2013 America s Cup Finals, from September 7 22, More than one million spectators are expected to watch the races. In addition, two America s Cup World Series events will be held in San Francisco, August 21 26, 2012, and October 4 7, As a long-standing San Francisco firm, our team has the expertise necessary to address the range of legal considerations inherent in an event such as this one, says Giacomini. In its role as official law firm, Hanson Bridgett will be an important partner in the delivery of the 34th America s Cup and new properties such as the America s Cup World Series events, said Sam Hollis, general counsel, America s Cup Event Authority. The depth and breadth of Hanson Bridgett s expertise provides us with a tremendous foundation to support our operations as we grow in San Francisco and around the world. Nearly 160 years old, the America s Cup is the oldest trophy in international sport. The event features the best sailors on the world s fastest boats, the wing-sailed AC45 and AC72 catamarans. A Wide Range of Legal Issues... The America s Cup Event Authority (ACEA) is responsible for putting on a sport and an event. In addition, this year there is not just one race, but a series of races. And for the first time, the organization is making the events more viewer friendly, with a website, cup.com, NBC television network televising the events, and YouTube streaming live races on the web. That means Hanson Bridgett is handling a wide range of legal issues: immigration, sponsorships, contracts, media rights, labor and employment, sustainability plans, viewing spots to watch the races, transportation plans and on and on. A year into the contract, approximately twenty Hanson Bridgett lawyers have worked on America s Cup matters, says Giacomini. A core group of six or seven lawyers handle the organization s issues on a more consistent basis. Giacomini brought the business to the firm through his involvement with the executive committee of the Bay Area Council, a business-sponsored, public-policy advocacy organization for the nine-county Bay Area. How will people move around the city? Where will they watch the races? What arrangements need to be made to THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 15

4 support that? There are lots of logistics to work out, says Giacomini. As he elaborates, the list seems endless: a sustainability plan must be developed, along with transportation plans, sponsorship deals and contracts, and environmental impact reports. If there is an organizing principle behind the many moving parts it s the host and venue agreement signed by the City of San Francisco, the America s Cup Organizing Committee, and the America s Cup Event Authority. The agreement outlines the responsibilities of the parties and is, of course, novel, since the city has never hosted the event before. We have had substantial involvement in helping the ACEA perform under the agreement, says Giacomini. If all this sounds complicated, multiply the complexity tenfold: there s California specifically San Francisco, which will host. But there are also races being held in Portugal; Naples, Italy; Venice, Italy; and Newport, Rhode Island. That means there are host and venue agreements in all the venues for the world series races, says Giacomini. To address the San Francisco aspect of the races, Michael Conneran, a Hanson Bridgett partner in the public agency group, has helped the America s Cup interface with the different municipal regulations. San Francisco s regulations are fairly unique, says Conneran. Over the years, the Board of Supervisors has adopted progressive social policies that have been incorporated in the civic code. If you re new to town and not used to it, your first reaction might be to push back. But once you understand them and work through the different regulations, you usually find a way to work with them. Photo by Pedro de Arechavaleta The BMW Oracle Racing America s Cup yacht USA-17 off of Valencia, Spain, in January 2010 Conneran has assisted the America s Cup with the implementation of the city s Zero Waste Plan and the Sustainability Plan (spelled out in the host and venue agreement). The great thing is that the America s Cup Event Authority is environmentally progressive, he says. They have a healthy oceans initiative and a world famous oceanographer on staff. Part of their mission is to educate people about the state of the oceans and how to protect them. So complying with the city s plans has not been a big issue for the ACEA. Hanson Bridgett has joined the effort to protect the oceans, donating $100,000 to the America s Cup Healthy Ocean Project. The America s Cup Event Authority is very pleased to accept this generous donation by Hanson Bridgett on behalf of the America s Cup Healthy Ocean Project partners, said Neill Duffy, director of sustainability, ACEA. Other Government Agencies... While San Francisco may be the host to the event, many other federal and regional government agencies are also involved. For instance, during the race, other boats cannot be on San Francisco Bay. That s not something you can wave a magic wand and make happen, says Giacomini. The U.S. Coast Guard has gotten involved, since it has jurisdiction over San Francisco Bay, regulating the daily aquatic traffic. The race zone lies south of the main eastwest channel used by cargo vessels to get to the Port of Oakland and oil tankers to get to the Port of Richmond and beyond. Along with the U.S. Coast Guard, the National Park Service, the U.S. Army Corps of Engineers, and the Presidio 16 SUMMER 2012

5 Trust also are in the mix, analyzing the potential environmental effects of the America s Cup on the lands and waters that fall under the federal government s jurisdiction. Since the races will be televised, with helicopters flying in the air space above San Francisco Bay, the Federal Aviation Administration must be consulted. With some of the viewing areas for spectators located on federal land, the federal government must get involved. Needless to say, many government agencies have jurisdiction over different aspects of this event, says Giacomini. Business Issues and Labor and Employment... Hanson Bridgett partner Jonathan Storper, who specializes in corporate transactions, has handled the business and transactional aspects of the contract, including intellectual property issues, privacy, liability, and the one-hundred-year protocol agreement that delineates the rules and responsibilities of the competing sailing teams. With sponsorship agreements a big part of the America s Cup, Storper has been involved in this critical aspect of the contract, too. He helped the ACEA and the Napa Valley Vintners and the Napa Valley Destination Council work out a sponsorship arrangement, making Napa Valley the official wine region for all the 34th America s Cup events in the United States. He also did a similar deal with Moët & Chandon, which is now the official champagne for the event. With sponsorships come ambush marketing. You have to protect against people who try to get free sponsorships, says Giacomini for instance, a truck parked near the event with a big sign on it might be selling unauthorized merchandise. Or a plane flying overhead during the races might be dragging an advertising sign behind it. It s a big effort to manage, says Giacomini. You have to be prepared. Hanson Bridgett partner Dorothy Liu handles the America s Cup labor and employment issues. She works closely with America s Cup on a wide spectrum of matters, advising the client on employment agreements, policies and procedures, personnel matters, and a myriad of compliance issues unique to California. The America s Cup is a highly energized and sophisticated client, she says. There can be a lot of moving parts on any given day. It s definitely broadened my practice and keeps me on my toes. We need to think outside the box to create opportunities and solutions that are both effective and practical. It s exciting to partner with such a dynamic client. Hanson Bridgett partner Garner Weng was involved in working out the first-time-ever deal between the ACEA and YouTube so the latter could stream the events on the web. A Really Great Client... All the Hanson Bridgett lawyers agree that the America s Cup is a unique client. It s an event that has been held for the past hundred years, says Storper, but because the winner of the last event gets to control the venue for the next event, it s like working for a start-up. Because the America s Cup has never been held in San Francisco before, you have to pull people together, find facilities, hire employees, and negotiate with the city and the different regulatory agencies. You are bringing people in from all over and building an organization from the ground up. THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 17

6 And building it quickly. While at the same time, you are putting on events around the world. But the uniqueness goes beyond that. There are the legal issues involved. And then there s the sporting event itself. In November, Giacomini, Conneran, and Storper went to San Diego, the third stop in the inaugural America s Cup World Series. So many things were going on at once helicopters filming, people racing around on jet skis on San Diego Bay, and the sailboats themselves, which are incredibly fast, says Conneran. To give the audience access to the event, a camera is attached to each boat so the TV broadcast of the event is just as thrilling as the event itself. As with other sporting events, technical aspects of the race are now provided, such as how fast the boats are going, the distance between the boats, which direction the boats are headed, and who is in the lead. It s the first time in the history of the America s Cup that the actual sailing is so close to shore, says Storper. It s really exciting. They ve made it a true spectator sport. Nina Schuyler is a lawyer whose first novel, The Painting, was published in Her next novel, Accidental Birds, will be published in She can be reached at ninaschuyler@hotmail.com. At the end of the day... Who s Really Watching Your Firm s 401(k)? And, what is it costing you? If you answered no to any of these questions, contact the ABA Retirement Funds Program by phone (866) , on the web at or by joinus@abaretirement.com to learn how we keep a close watch over your 401(k). Who s Watching Your Firm s 401(k)? Does your firm s 401(k) feature no out-of-pocket fees? Does your firm s 401(k) include professional investment fiduciary services? Is your firm s 401(k) subject to quarterly reviews by an independent board of directors? YES NO The American Bar Association Members/Northern Trust Collective Trust (the Collective Trust ) has filed a registration statement (including the prospectus therein (the Prospectus )) with the Securities and Exchange Commission for the offering of Units representing pro rata beneficial interests in the collective investment funds established under the Collective Trust. The Collective Trust is a retirement program sponsored by the ABA Retirement Funds in which lawyers and law firms who are members or associates of the American Bar Association, most state and local bar associations and their employees and employees of certain organizations related to the practice of law are eligible to participate. Copies of the Prospectus may be obtained by calling (866) , by visiting the website of the ABA Retirement Funds Program at or by writing to ABA Retirement Funds, P.O. Box 5142, Boston, MA This communication shall not constitute an offer to sell or the solicitation of an offer to buy, or a request of the recipient to indicate an interest in, Units of the Collective Trust, and is not a recommendation with respect to any of the collective investment funds established under the Collective Trust. Nor shall there be any sale of the Units of the Collective Trust in any state or other jurisdiction in which such offer, solicitation or sale would be unlawful prior to the registration or qualification under the securities laws of any such state or other jurisdiction. C (2/12) 18 SUMMER 2012