The New York Court system assigned a hearing date for Feb. 25 as to the legality of Alinghi's sails that were manufactured in the North Sails facility in Minden, NV. The Deed of Gift has a "constructed in country" clause for both yachts and BMWO argues that Alinghi's sails do not conform to this clause and are therefore illegal. BMWO attempted to have this heard by the courts prior to the event but the courts told them to "go race...then we'll talk about it".

If Alinghi wins, they'll still have to answer for this if they do use the North Sails manufactured in Minden, NV (they have already claimed clearly that they intend to do so). It could easily cost them the cup after the fact.