FKSA filed an amicus brief with the New York Court of Appeals on behalf of Reale Yacht Club Canottieri Savoia and the sailing team Mascalzone Latino in Golden Gate Yacht Club v. Societe Nautique De Geneve. The case involved a dispute regarding the interpretation of the Deed of Trust that governs the prestigious international sailing regatta and match race, the America's Cup. The trial court had held that a sailing challenge issued by Club Náutico Español de Vela (CNEV) to defending champion Société Nautique de Genève was invalid because CNEV did not meet the eligibility requirements for a challenger set forth in the Deed of Gift. The Appellate Division reversed, holding the language of the Deed to be ambiguous.

The amicus brief discussed the origins and history of the America's Cup and their relevance to the interpretation of the Deed of Gift.

In a unanimous decision dated April 2, 2009, the Court of Appeals reinstated the decision by the Supreme Court and held that the Deed of Gift requires a challenging yacht club to have held at least one qualifying annual regatta before it submits a challenge. As a result, the Court of Appeals concluded that CNEV was not a valid challenger, because it had not held a qualifying regatta before it submitted its challenge.

FKSA partner Lance J. Gotko represented Reale Yacht Club Canottieri Savoia and Mascalzone Latino.