We have another article up on the case just now:
http://www.letsrun.com/news/2016/06/boris-berian-say-oath-square-off-court-today-boris-berians-deposition-released/
It includes Berian's deposition.
This all could be decided today as the two will meet in court in 30 minutes. We have a reporter on the ground in Portland to cover it for you.
Here is our Quick Take from today's article:
Quick Thought #1: The first question for a judge to decide is, “Did Nike match?â€
If we were the lawyers representing Berian, today in court, we would admit the obvious – that Berian wanted out of the Nike deal. Don’t let that facts make him look guilty. Just say, “Yes, our clients didn’t want to sign with Nike and doesn’t have to as Nike didn’t match.†There is nothing wrong with wanting out of a contract.
It seems to us this is most likely going to boil down to one question for the judge to answer, “Did Nike match?†All of the other stuff (Big Bear logo, New Balance’s shoes are better) seems a bit contrived. Does the judge believe Nike matched or not (or perhaps he could rule those terms were an unlawful poison pill but we doubt the reductions clause would be viewed that way)?
Nike says it couldn’t match as Merhawi didn’t give them the details of the no-reductions. Berian’s team counters by saying the offer sheet presented by NB didn’t have any reductions so there were no details to give.