Nike is very afraid of the terrible PR beating they are suffering as the result of their foolish lawsuit. Look at all the PR hacks posting here! I've heard, through a reliable source, that the online PR firm is even paying the hacks a bonus wage of $15/hour! (they normally get paid around $9/hour) Not a bad job for some old codger sitting around with nothing to do.
PR shills, and employees shills working in Internet Communications. Most every pro Nike post that attacks BB and Hawi are generate by these people. Of course, there are a few LRC trolls whose lowly lives depend on trolling, so they pretend to support the Nike Ship because they get a rise out of doing so.
Learned from Mo wrote:
PR shills, and employees shills working in Internet Communications. Most every pro Nike post that attacks BB and Hawi are generate by these people. Of course, there are a few LRC trolls whose lowly lives depend on trolling, so they pretend to support the Nike Ship because they get a rise out of doing so.
I love this line of conspiracy. It implies that no one (except NIke) think Nike is in the right and everyone supports Boris.
BB is a simple minded fellow. He flunked out of Adams (which isn't an ivy league of anything more like Diploma mill)
Hawi appears to be outclassed.
But blame Nike.
Fools
And, here is one of the Nike / PR Firm / Troll shills pretended they have been butt hurt.
You will never know wrote:
You will never know about what is said off the record to Capriotti by his corporate attorneys. It can be said in general enough terms for Capriotti to know what he should change without ever mentioning the NB contract.
My point is that lawyers aren't typically looking for a way around a PO. They have almost nothing to gain and everything to lose. Moreover, assuming that Nike is like every other major corporation, then Capriotti isn't in charge of outside counsel. The contact point is with someone from Nike legal. Any dealings between Capriotti and outside counsel are likely quite formal. It would be outside counsel interviewing Capriotti to learn the facts rather than Capriotti asking them questions.
What makes you think they are outside counsel? Nike has full-time attorneys on staff. Do you think they are not involved in any manner in the suit?
You will never know wrote:
What makes you think they are outside counsel? Nike has full-time attorneys on staff. Do you think they are not involved in any manner in the suit?
Outside counsel is litigating the case because they signed the papers. That's public record.
In-house lawyers rarely litigate. And the terms of a PO regarding sensitive competitive information would almost surely exclude in-house lawyers. And being lawyers, they're not likely to try to put the screws to outside counsel to try to find out information that they shouldn't.
800 dude wrote:
You will never know wrote:What makes you think they are outside counsel? Nike has full-time attorneys on staff. Do you think they are not involved in any manner in the suit?
Outside counsel is litigating the case because they signed the papers. That's public record.
In-house lawyers rarely litigate. And the terms of a PO regarding sensitive competitive information would almost surely exclude in-house lawyers. And being lawyers, they're not likely to try to put the screws to outside counsel to try to find out information that they shouldn't.
Inside council gathers all the data and coordinates internal interviews to prep for outside councils meetings. Internal council wrote the contract and language, Cap supplies athlete value.Bonus schedules and other support are standard.
Cap &staff services athlete.
Relevance of any other shoe companies contract language has absolutely no bearing on any part of this case.Nike can write the contract language any way it wants.Brooks and NB or whoever can write the language they want.Athlete can agree or not and make their respective choice. The bottom line is athlete has to know what they are signing and understand the terms of agreement.
The painful truth in court they will find out is that assumptions mean nothing, hearsay, speculation, gossip and naïvety don't win cases, they loose cases.
When the judge asks, did you you understand the contract terms and athlete says no, judge asks did your agent understand the terms and athlete says I thought so, judge asks did anybody understand the contract terms on your team? Screen fades to black....
Bring Back the 880 wrote:
N. Clark wrote:Out of abundance of caution, NB hoped to run out the 180 day clock whereby BB would not sign with anyone during the 180 period , thereby allowing him to sign with NB free and clear after the 180 days. Also, i gather his agent was probably trying to negotiate a better deal for him during the 180 days.
This only makes sense to me if BB and his agent changed their mind suddenly that the NB contract wasn't lucrative enough. If NB was waiting it out, there would be no terms presented to Nike to match and this is all moot.
Berian wants the security of no reductions which seems smart, but if he is that risk averse, why go without a contract when he has a perfectly valid offer from new balance?
Freaking go back and read the communications that came to light from day one.
Nike matched, and offered No Reductions. And to allow Boris to wear his team uni minus a NB logo.
Boris has too many NB team members in his head. He's a college flunk out who is evidently easily influenced by a bunch of NB team members love bombing him to the Cult of His NB Club.
Played correctly, he could have gotten more money out of Nike (and actually possibly still could, after the WIC Gold).
He's getting screwed by his club, NB and the passivity of his agent.
Back peddle wrote:
Kiprop dope wrote:Thank you.
The situation is simple and as straight forward as this post and my last.
The emotional idiots of LRC who hate cos they can't land a yoga babe in Nike frees or something...clearly don't understand the good faith requirement in
Oregon State Law. Boris signed an agreement with Nike in good faith, that agreement allowed Nike the right of first refusal...which Nike notified Mawi they attended to Match, and only wanted reassurances that there were no hidden reduction clauses in NB contract, and if so they would still match and eliminate their (Nikes) reduction clauses. Mawi then express that Boris had expressed an interest not to continue on with Nike, and he would convey, non-the-less Nikes offer to match, to Boris.
Boris then decided to be all high school about not just remaining with his club, but violating the good faith spirit of his Nike contract and has tried to slither out of it so he can go NB. Believe me, his club and NB execs have surely been brainwashing him to screw Nike and get out of that good faith obligation.
Boris screwed up, because he sadly is not too smart. And not he is most likely going to pay.
Meanwhile, a bunch of nike hating children on LRC are playing below amateur lawyer misstating the facts and changing the meaning of he communications between Mawi and Nike, and Nike and Mawi.
Nike clearly made an Investment in Boris, and believe in him as a rising start.
Pretty nice, lucrative and respectful position for a former Hamburger flipper to be in.
The lynchpin here is that Boris's club and influences around him influenced him to screw Nike.
Well, Nike is pretty darned experienced at this contracts.
Boris has self-sabotaged himself.
Boris should take the high road, honor his first contract, where nike, where his club stuff without NB logos, show that as Max Siegel points out these companies need to work together like Nascar sponsors do.
Nike is in very firm footing here.
You are 100% right. The club people Boris is around are amateurs with contracts. Bottom line the agent blew it, plain and simple, contract miss read and a horrible assumption made. Boris is not a contract expert, this is his first one ever he has signed. Agent didn't do his homework, plain and simple.
This way beyond Max, its a IAAF issue of allowing sponsorships flexibility and re-writing of whats allowed.Max and company made their bed with Nike.
Thank you. I agree with most your comments.
Except I think Hawi didn't miss-read anything, I think he is a gentle spirit and a good guy who is taking his marching orders from his client... "Boris has expressed an interest to not continue with Nike," probably means Boris is telling Mawi what to do, rather than Mawi holding firm and telling him "dude, the contract you previously signed, DOESN'T allow you that option.
Sidebay, the stupid papers that Symmonds, Lady Oiselle and others signed show how immature they are in their hate for Nike.
A contract exists for a reason. Terms and enforceability of those terms.
To others: Nike is not doing this to Boris. This is an unheard of situation -- that BORIS HAS DONE TO HIMSELF by letting too many NB and NB teammates brainwash him.
Nike clearly sees and saw, Boris as a potential hot rising star, and offered to match, without reductions, they just wanted confirmation that NB didn't have reductions hiding in the closet.
Also, reductions in other contracts can happen for other reasons...morals clauses, number of appearances at required events (non competing), whatever...
OVERWHELMINGLY, BORIS and MAWI's best bet would be to fall on their swords, say they lost their heads, and -- after telling NB they are going to ask NB for more, seeing how NB's advice has screwed up Boris's head/mindset. Get a better offer from NB, and get Nike to match that. (If legal by terms of first Nike contract...)
Everybody wants to blame the 900lb Gorilla, "everybody"/malcontents always wants to blame the 900lb Gorilla in almost every industry.
fyi: I'm a Nick Symmonds fan, the dude, however, is too shallow emotional and social intelligence-wise to realize he's an egotist at least or a mild narcissistic sociopath at worst (Preying on young runnergtls/women.) He's a maleslut for goo-goo eye'd female. Using the excuse that he isn't going to do monogamy until after he's done focusing on his career...after which he'll be so indentured in his behavior...that he'll come up with a new excuse ("I'm just really focused on my post athletic career businesses now.") #Manwhore. And hey, most guys want variety in the rack, and most guys would say "well done, Nick," lol.
A spade is a spade.
Kiprop dope wrote:
the good faith requirement in
Oregon State Law...
Urine. Idiot.
The case was filed in federal court. Oregon State law has nothing to do with it.
Boris lives in California, all employees are at-will employees. Who cares?
Paid shills out in force wrote:
Nike is very afraid of the terrible PR beating they are suffering as the result of their foolish lawsuit. Look at all the PR hacks posting here! I've heard, through a reliable source, that the online PR firm is even paying the hacks a bonus wage of $15/hour! (they normally get paid around $9/hour) Not a bad job for some old codger sitting around with nothing to do.
Total lying horse dung.
800 dude wrote:
You will never know wrote:You will never know about what is said off the record to Capriotti by his corporate attorneys. It can be said in general enough terms for Capriotti to know what he should change without ever mentioning the NB contract.
My point is that lawyers aren't typically looking for a way around a PO. They have almost nothing to gain and everything to lose. Moreover, assuming that Nike is like every other major corporation, then Capriotti isn't in charge of outside counsel. The contact point is with someone from Nike legal. Any dealings between Capriotti and outside counsel are likely quite formal. It would be outside counsel interviewing Capriotti to learn the facts rather than Capriotti asking them questions.
Yep. Outside counsel has to act within legal expertise and best legal advice.
Duh, why wouldn't they. They don't want to lose Nike as a client.
Is it just me or do american lawyers use really frigging archaic language?
Kiprop dope wrote:
Nike clearly made an Investment in Boris, and believe in him as a rising start.
Pretty nice, lucrative and respectful position for a former Hamburger flipper to be in.
How so? If Nike was so invested in Boris, why did they wait to see what NB was offering him? If they really wanted to sign Boris, shouldn't they have made a big offer to begin with?
are you a Nike shill? wrote:
If Nike was so invested in Boris, why did they wait to see what NB was offering him? If they really wanted to sign Boris, shouldn't they have made a big offer to begin with?
You are right, but the problem for Nike and Boris is figuring out how big is big.
Nike wants to make an offer that's big, but not too big. The right of first refusal protects Nike from overpaying Boris, because they are matching what other companies are actually willing to pay Boris. It also protects Boris from being low-balled by Nike, by forcing Nike to pay Boris at least as much as other companies would pay him.
Despite the outrage among some here over the right of first refusal, these clauses make sure both Nike & Boris get what they want.
Now what? wrote:
When the judge asks, did you you understand the contract terms and athlete says no, judge asks did your agent understand the terms and athlete says I thought so, judge asks did anybody understand the contract terms on your team? Screen fades to black....
You seem to be unaware that contracts must be understandable. A judge will favor on the side of the person who read a contract and understood how they read it, versus an attorney who wrote it and claims the language means something else entirely. The judge will ask, well then, why didn't you write the language the way you just stated it should be interpreted? Nike Swoosh fades away into the back alley …
Kiprop dope wrote:
Paid shills out in force wrote:Nike is very afraid of the terrible PR beating they are suffering as the result of their foolish lawsuit. Look at all the PR hacks posting here! I've heard, through a reliable source, that the online PR firm is even paying the hacks a bonus wage of $15/hour! (they normally get paid around $9/hour) Not a bad job for some old codger sitting around with nothing to do.
Total lying horse dung.
You can't handle the truth. How long have you shilled for Nike for free?
Americanlawyersareshitatenglis wrote:
Is it just me or do american lawyers use really frigging archaic language?
They write this way to keep the people reading a contract from completely understanding it.
adk22 wrote:Urine. Idiot.
The case was filed in federal court. Oregon State law has nothing to do with it.
Boris lives in California, all employees are at-will employees. Who cares?
1. Berian signed a contract with Nike in 2015 giving Nike a right of first refusal. The federal court will apply the applicable state contract law. If Berian and Nike agreed in the 2015 contract that Oregon law applies, then that is the law that the court will apply.
2. It's not an employment dispute. Berian has never been employed by Nike. He is an independent contractor who signed an endorsement contract.