very plausibly might be laughed at by Amex's GC or execs (perhaps those are the folks with whom you worked?), but those are not the individuals actually adjudicating these disputes in practice. and training for such individuals is haphazard at best, resulting in highly divergent standards case-to-case. add on top of that the admin burden for Amex and Kate Spade ping-ponging around with rebuttals, elevations, etc., and there's a perfectly reasonable chance the win likelihood would be material, even favorable.