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Boris Berian sued by Nike [lawsuit dropped]

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  • Boris Berian sued by Nike [lawsuit dropped]

    He was served at the Hoka One One Meet.

    http://www.letsrun.com/news/2016/05/...each-contract/

  • #2
    He asked what he should do in a tweet.
    So I tweeted back---
    Raise middle fingers---both of them!--as high as they'll go, smile, then walk away!

    He and 2 others favorited my tweet!

    Seriously, he SHOULD do that--except with a lawyer at his back!

    Nike needs to get a grip!!
    (Good luck!)

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    • #3
      I'm sure Nike is in the right here (and are all lawyered up), but here's a case where they should just let it go.

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      • #4
        I wouldn't assume Nike is in the legal right here. The key assertion in the complaint (that the presentation of NB's offer "converted" Nike's right of first refusal into an option to enter into a new binding contract with BB on the offered terms) is not supported by a specific contractual reference.

        Possible that Nike is just PO'd enough to want to run up BB's attorney costs and send message to others.

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        • #5
          Inside scoop...who killed Kennedy get it here....

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          • #6
            too bad Nike is the only BIG benefactor for T and F

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            • #7
              Bullying employers like to make examples of people they think either can't or won't fight back, especially if some other employee or group of employees begin to assert themselves. I have no idea if this is the case here, but the manner in which the message was delivered makes me consider the possibility.

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              • #8
                Originally posted by Atticus View Post
                I'm sure Nike is in the right here (and are all lawyered up), but here's a case where they should just let it go.
                My thoughts exactly

                He's released the papers on Twitter and while it's only Nike's side it does sound pretty much as if they have a case. His manager has come out to say it's a dispute about ambiguous language in the contract which i would have thought any competent lawyer (and i'm sure Nike have plenty) would have settled long before they had athletes sign them for years.
                i deserve extra credit

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                • #9
                  Originally posted by player View Post
                  I wouldn't assume Nike is in the legal right here. The key assertion in the complaint (that the presentation of NB's offer "converted" Nike's right of first refusal into an option to enter into a new binding contract with BB on the offered terms) is not supported by a specific contractual reference.

                  Possible that Nike is just PO'd enough to want to run up BB's attorney costs and send message to others.
                  Interesting. Have we seen a copy of the contract ?
                  i deserve extra credit

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                  • #10
                    Originally posted by mump boy View Post
                    Interesting. Have we seen a copy of the contract ?
                    No. The fact that Nike did not attach a copy of the original contract to its complaint (even under seal) is mentioned in the story linked by the OP (if you read down far enough).

                    And, from the attached complaint, we can see that Nike also did not include exhibit copies of the communications from Berian's agent to Nike (and from Nike to the agent) in 2016. Which leaves no basis for concluding whether Nike actually "matched" (even in theory).

                    Not that unusual at the opening stage. However, it does say, to me, that Nike's interest isn't in presenting a conclusive case to the world but, rather, getting Berian's attorney cost meter running.
                    Last edited by player; 05-22-2016, 11:00 AM.

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                    • #11
                      Am i right in thinking that even if they couldn't come to terms Berian wasn't free to sign with anyone else until June '16 so he has actually broken their contract by running in NB this season ?
                      i deserve extra credit

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                      • #12
                        Originally posted by mump boy View Post
                        Am i right in thinking that even if they couldn't come to terms Berian wasn't free to sign with anyone else until June '16 so he has actually broken their contract by running in NB this season ?
                        That's what I thought, too.

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                        • #13
                          Originally posted by mump boy View Post
                          Am i right in thinking that even if they couldn't come to terms Berian wasn't free to sign with anyone else until June '16 so he has actually broken their contract by running in NB this season ?
                          If I am understanding it correctly, his contract with Nike ended Dec 31. After that he was free to sign with someone else, but first Nike had to be given the chance to make a counteroffer.

                          One of the big hypotheticals is whether or not coaching was an issue. If New Balance offered $$ toward the coach of his choice, and Nike offered the same $$ toward a coach of their choice, would that be considered of equal value?

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                          • #14
                            Nike may be concerned that it will be shut out of the 800m. Symmonds, and now Berian. Who will be third on the team?

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                            • #15
                              Originally posted by misterp View Post
                              Nike may be concerned that it will be shut out of the 800m. Symmonds, and now Berian. Who will be third on the team?
                              I'm betting on Murphy. Don't know who his sponsor is ...

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