Holy cow!! Nike just served Boris Berian at the Hoka One One Meet - They are suing him for breach of contract

Rather than serve a lawsuit, Nike PR could have met with their athlete and discussed - how to interpret the contract wording.

“No, I followed everything,” Berian said when asked if he felt he did anything wrong. “When the time came for a new contract this year, Nike didn’t match the New Balance contract.”

Lawyers make trouble for fees, and get into pissing contests, egotistical nike brass take the bait.

at the board of directors level, they can spank these lawyers and idiot corp guys.

because, people like al-sal, and the rest, - are not doing a whole lot to sell shoes - or create good will.

SIMPLY DO NOT BUY NIKE

LETS RUN SHOULD PUT TOGETHER A LIST OF PEOPLE THAT BOYCOTT NIKE. AND EACH PERSON ON THAT LIST CAN EMAIL 5 FRIENDS TO JOIN THAT LIST.

These Corp guys, can be convinced to understand, the customers have a say in the company they choose to support. No customers = no company.

This is a lovely Jimmy Stewart / Frank Capra-esque sentiment...

But let's get real. The amount of people here, and the amount of non-Nike runners in the USA who are with elite programs...well...er...they are already not buying Nike.

Nike's growth rate is such, and the Nike Free's BOFFO BLOCKBUSTER success with Yoga chicks and Yoga jogging soccer mom's alone...would cover by 10,00% and boycott grass roots effort.

The best case scenario -- would before everyone to play nice-nice, mea culpa, mea culpa, and get Boris a little Better Bike deal, and create some detente and peace so everyone wins, Boris can train where he wants, and he can run for the USA if he makes the team...wherein he's going to wear Nike anyway...

If it gets nasty, there is the potential for Boris to sue his agent, and there is the potential for Nike to seek the decertification of his agent.

How often do these cases come to light? About never, ergo, the reason may be that they are pretty standard and straight forward affairs where things usually go smooth, smooth, smoothly.

For whatever reason, women are in love with Nike Free's and other Nike women's running shoes these days, you can't go anywhere on the west coast without seeing 90% of fashionable women wearing Nike and Nike only.

Even if Nike never existed, the next large corporation would provide the convenient 9000lb gorilla for the villagers to attack as the Frankenstein.

Hopefully, in the end, something sane will be worked out -- as the goal should be what is best for the USA Team, and not what is best for NB, Nike or anyone else.

There has to be more going on here for Nike than pursuing one broke-@ss runner.

Nike is butt hurt they didn't sign Berian. By suing him and even destroying him, they are sending a message to other young athletes: "Don't mess with Nike. Do what the dictator says or else. Obey."

If Berian comes out of this unscathed, you can bet Nike will try other dirty tricks at Nationals, etc. to try to undermine him. Nike is run by a bunch of very scummy people, total dbags.

Berian now needs to show he has balls by immediately withdrawing from next week's Prefontaine Classic.

longjack wrote:

Rather than serve a lawsuit, Nike PR could have met with their athlete and discussed - how to interpret the contract wording.

According to Nike, BB and his agent were non-responsive. If you have a legal dispute, the answer is NOT to stick your head in the sand while cashing the checks of the party you're in the dispute with.

Let's face it, BB signed a deal and he didn't honor it. He decided to go to New Balance while still getting paid by Nike. That's a no-no in my book.

So, I have zero problem with Nike enforcing their rights.

I do agree that it creates a PR problem for Nike, but I wouldn't stop by Nike stuff because of it.

Ask any college runner that has the times to go pro upon graduation which brand they would want to sponsor them, and I would guess 90% would say Nike.

They are the best at marketing and providing opportunities for their athletes. Anyone running for another brand wishes they had the swoosh.

whatever mano wrote:

According to Nike, BB and his agent were non-responsive. If you have a legal dispute, the answer is NOT to stick your head in the sand while cashing the checks of the party you're in the dispute with.

Let's face it, BB signed a deal and he didn't honor it. He decided to go to New Balance while still getting paid by Nike. That's a no-no in my book.

Nike makes no allegation that it sent any "checks" to Berian in 2016. The only contention made with regard to 2016 funds is Nike's allegation that it wired an unspecified dollar amount to Berian (presumably to his agent) on April 12, 2016.

As of that date, Berian and his agent had, by Nike's own account, been out of communication with Nike for a period of months, so the wiring, if it occurred, was obviously unsolicited. We don't know at this point what happened to any funds wired but I'd be very surprised if Berian's agent made any such funds available to Berian to be spent.

I'm doubtful Nike would go after BB if there wasn't an airtight case against a breach on his part. Folks, Track & Field entered the professional age a few years back. Top athletes like BB are being offered sizeable contracts. This is a good thing and we should applaud the few companies that are providing these contracts.

If we want a grown up sport, then we should expect grown up consequences when professional terms are not met. Plenty of NBA, NFL and MLB athletes have come from difficult financial backgrounds before they signed professional contracts. This doesn't give those athletes any more latitude to break their contracts or the terms outlined.

Peofessional sports are a business. If you don't like the terms of the contract or don't understand the terms of the contract, don't sign it until you do. This goes for any job. Grow up.

Suppose Nike said they offered terms that "matched" New Balance's offer. Suppose BB said "Well, Nike shoes hurt my feet and New Balance shoes don't hurt my feet." What can Nike do at that point? Not sure how Dragila handled it when Nike's special shoes seemed to lead to her messing up her achilles.

Nike is claiming they suffered damage from BB's actions. What if a poll showed that out of 1000 people buying Nike stuff, only 1 or 2 of them have heard of BB? Would the judge consider that as relevant evidence that Nike has not suffered here?

Read this link.

http://espn.go.com/nba/story/_/id/11384303/kevin-durant-offered-massive-deal-armour-nike-right-match

"Durant can still choose Nike if it doesn't match but can't legally choose Under Armour if Nike does."

Same situation here in basketball with a whole lot more zeros involved. Assuming Nike did match the offer, BB and his agent are in the wrong.

OtherSports wrote:

Read this link.

http://espn.go.com/nba/story/_/id/11384303/kevin-durant-offered-massive-deal-armour-nike-right-match

"Durant can still choose Nike if it doesn't match but can't legally choose Under Armour if Nike does."

Same situation here in basketball with a whole lot more zeros involved. Assuming Nike did match the offer, BB and his agent are in the wrong.

BB and his agent would be in the wrong if BB chose NB. He didn't. He remains unsponsored.

There has to be more going on here

Um, Berian is a potential superstar. Wayne Gretzy material. That's what is going on here!

whattt wrote:

OtherSports wrote:

Read this link.

http://espn.go.com/nba/story/_/id/11384303/kevin-durant-offered-massive-deal-armour-nike-right-match

"Durant can still choose Nike if it doesn't match but can't legally choose Under Armour if Nike does."

Same situation here in basketball with a whole lot more zeros involved. Assuming Nike did match the offer, BB and his agent are in the wrong.

BB and his agent would be in the wrong if BB chose NB. He didn't. He remains unsponsored.

He's just wearing New Balance for shts and giggles, then, eh?

NAIVE, much?

Quid pro quo in the making.

OK, but does "match" just mean $? Would Nike let Handler continue to coach BB? Again, if BB says Nike hurts his feet and New Balance doesn't, how can Nike match New Balance?

OtherSports wrote:

Read this link.

http://espn.go.com/nba/story/_/id/11384303/kevin-durant-offered-massive-deal-armour-nike-right-match

"Durant can still choose Nike if it doesn't match but can't legally choose Under Armour if Nike does."

Same situation here in basketball with a whole lot more zeros involved. Assuming Nike did match the offer, BB and his agent are in the wrong.

Exactly and this is why Nike, or any large co. must defend their (standard) contracts. You can't afford to set the precedent that you didn't defend the terms once for one gal or guy...so the next who wants to jump ship can just site that you let Jane or Joe get a pass....

This is why the Brojo's assinine comment that BB "didn't agree with that logic,"it's not a debate over a latte, Boris, it's a Freakin Contract You Signed.

Hawi's a sweet guy, but it is absolutely his job to advise and protect his (there's no other way to put it) McDonald's qualified college drop out from making an egregious error and choice like this.

Boris had some bad advice, and too many voices, likely, in his ear that have now screwed him, big time.

The NB folks are possibly going to be on the radar for a lawsuit as well for interfering.

We almost never hear about these suits because usually managers and athletes are not this risk/stupid.

whattt wrote:

OtherSports wrote:

Read this link.

http://espn.go.com/nba/story/_/id/11384303/kevin-durant-offered-massive-deal-armour-nike-right-match

"Durant can still choose Nike if it doesn't match but can't legally choose Under Armour if Nike does."

Same situation here in basketball with a whole lot more zeros involved. Assuming Nike did match the offer, BB and his agent are in the wrong.

BB and his agent would be in the wrong if BB chose NB. He didn't. He remains unsponsored.

Results right off of USA TF from indoor nationals. Not unattached there. What say you?

Men 800 Meter Run

================================================================

World: W 1:42.67 3/9/1997 Wilson Kipketer, DEN

American: A 1:45.00 3/8/1992 Johnny Gray, Santa Monica TC

Meet: M 1:46.60 3/2/2002 Derrick Peterson, adidas

Name Year Team Finals

================================================================

Finals

1 Boris Berian Big Bear TC/NBal 1:47.19

2 Erik Sowinski Nike 1:47.62

3 Casimir Loxsom Brooks / BBeasts 1:47.89

4 Drew Windle BROOKS Beasts 1:48.02

5 Harun Abda Nike / NIKE OTCE 1:48.05

6 Patrick Peterson Big Bear TC/NBal 1:53.49

He's wearing the Big Bear TC jersey, not the NB jersey.

At that point he is not under contract with Nike so not required to wear there gear. He can wear Big Bear TC, NB, whatever as long as he's not sponsored.

What it hinges on is if NB was paying him to wear Big Bear TC.

According to all interviews around USA and world indoors he said he was unsponsored.

Where people are wrong, including Ken Goe pulling from Letsrun.com message board, is that Berian is not a "feel good story."

I, for one, don't care about his story. He is not personable, he is not charismatic, is all tatted-up, too much of a recluse.

He is also a high risk of not making the Olympic team. I can see him going out in 49.20 in the Trials Final, blowing up at 700m and placing 5th.

uhm, yowzaas wrote:

whattt wrote:

BB and his agent would be in the wrong if BB chose NB. He didn't. He remains unsponsored.

He's just wearing New Balance for shts and giggles, then, eh?

NAIVE, much?

Quid pro quo in the making.

Geez, whatever you wear after your contract ends is up to you. Almost all running clothes carries a logo. Do you want post Nike runners to run in plain white tee-shirt, generic sneakers, and tighty-whities?