Boris Berian forced to scratch out of the rest of my races, maybe even the trials

raffled wrote:

baffled wrote:

English please

NB Did not Have a Reductions Clause. Nike Did have a Reductions Clause. = Nike Failed to Match

Not necessarily. Boris and his agent didn't think it was important enough that to include it in the communication to Nike. So Nike had no way of knowing whether the reduction clause was in the original offer. They have no way of knowing if NB tried to get NB to increase the offer or change the original NB contract term.

They could only accept what they were given and they did.

NoAGPLI wrote:

pop_pop!_v2.2.1 wrote:

This is a business? Not with Nike throwing their weight around. Plus, the simple fact a worker at McDonald's earns more than most national-elite level athletes means agents are fighting for pennie. Your "agent" collect a huuuge 2% of $10,000. Huuuuge!

Actually Agents get 10%

Oh, now it is raining dollars at the agent's basement 'apartment' he rents from his mom.

Foda pooda wrote:

raffled wrote:

NB Did not Have a Reductions Clause. Nike Did have a Reductions Clause. = Nike Failed to Match

Not necessarily. Boris and his agent didn't think it was important enough that to include it in the communication to Nike. So Nike had no way of knowing whether the reduction clause was in the original offer. They have no way of knowing if NB tried to get NB to increase the offer or change the original NB contract term.

They could only accept what they were given and they did.

It is not Boris or his agents job to tell Nike how to write terms of their contracts. Nike has standard terms that they want every athlete to adhere to. If they drop them performance reduction for Berian, then then set a precedence of having to drop them for other athletes a competitor.

So, win for New Balance for not being as onerous with their contract. Nike wins only in terms of not setting a contract terms match, but they do not win the right to force Berian to sign with them.

Sorry for some "grammer" errors. Hopefully you are smart enough to figure out without what was intended on your own. But, maybe not.

I get what you're trying to say, but you're missing a crucial bit of information: Nike believed they matched the New Balance contract based on the terms presented to them by Boris and his agent. They didn't, and couldn't, send Nike a copy of the New Balance contract; likely they just sent a basic term sheet WITHOUT a list of contract clauses. Clauses (such as the Nike clause for non-performance) would not be listed on a term sheet.

So, with the information provided, Nike believed it was a match, hence the need for this lawsuit. If the terms of the contracts are the same, it's going to be interesting to see how Boris and his agent defend it not being a match when Nike had no knowledge of their point of contention. Boris and his agent can't withhold differences between the two offers then claim that the Nike offer isn't a match.

No. Nike will not set a precedence by allowing different contract terms to allow a true match offer. They will stick with their standard terms because they can force them on every athlete; the take it, or leave it approach. Nike believe this type of clause protects them from an athlete who might "under-perform"--whatever that means because someone has to invent performance numbers, and account for injuries.

I see no reason for the Nike team to match a NB contract that excludes performance clause reductions. NB is willing to accept a financial risk Nike will not.

You are correct, the contracts are boiler plate. Bonus items may change, but otherwise the contract is standard.At fault here is the agent. I hope that Boris has retained somebody that understands, Oregon contract law. I hope that he has fired his agent, found an agent that has a relationship with the shoe companies and can make sense of all this without going through big litigation.

Boris can run generic, un-marked unless NB step up and backs him by filing another injunction to allow him to run in their kit or another company that says, we like the press lets get behind him join the fight.

Nope. You have it wrong. The ones who in error are the Nike management who developed the contract offer. The attorneys write the boilerplate. Sometimes they review contracts, but most often not. I have written, negotiated and signed contracts, and rarely is are attorneys involved. It is almost always management.

BB has no need to find a different agent. He was saved from the signage up again with Nike for lesser terms.

*signing* up

Boris should just wear the Nike singlet inside out. Would that constitute a breach?

Cover up any logos with tape??? - as in at the Pre Classic

STOP N1KE FREE BORIS

The irony here is that if Boris is allowed to run the trials and does so well enough to make that big meet later this summer - he earns the right to.....

wear Nike Gear!

Why does Berian crave so much attention??

Updating Twitter with his beef.

Keep it personal, buddy, no one cares about your decisions. Yeah, let me turn my back on a $100B Market Cap run brand that pretty much single-handidly keeps the sport alive.

8FE wrote:

Why does Berian crave so much attention??

Updating Twitter with his beef.

Keep it personal, buddy, no one cares about your decisions. Yeah, let me turn my back on a $100B Market Cap run brand that pretty much single-handidly keeps the sport alive.

What does it matter to him how much nike makes if new balance is more profitable for him?

NB is not more profitable. Nike was able to match 100%. Berian was short-sighted to realize the benefits of sticking with a $50B brand - equity in stock that could be worth millions by the time he retires. NB is a private company. No stock, all cash. How do you guys not understand the difference? I'd rather take $80K base + $20K shares then $100K base.

8FE wrote:

NB is not more profitable. Nike was able to match 100%. Berian was short-sighted to realize the benefits of sticking with a $50B brand - equity in stock that could be worth millions by the time he retires. NB is a private company. No stock, all cash. How do you guys not understand the difference? I'd rather take $80K base + $20K shares then $100K base.

Nike gladly pays Rupp and Centro high six figures, gladly pays Farah seven figures. Nike was trying to rip BB off with a micro-deal.

8FE wrote:

NB is not more profitable. Nike was able to match 100%. Berian was short-sighted to realize the benefits of sticking with a $50B brand - equity in stock that could be worth millions by the time he retires. NB is a private company. No stock, all cash. How do you guys not understand the difference? I'd rather take $80K base + $20K shares then $100K base.

No NIke contract comes with shares. They aren't employees.

Actually in this case it was their job AND their only job. Lay out all the material terms from the NB offer for Nike to match or not. If Berian/agent didn't include it. How material was it.

More importantly No one knows if the original NB contract had no reductions - not nike, not the courts. Nike had to match the contract terms they were given.

raffled wrote:

Nope. You have it wrong. The ones who in error are the Nike management who developed the contract offer. The attorneys write the boilerplate. Sometimes they review contracts, but most often not. I have written, negotiated and signed contracts, and rarely is are attorneys involved. It is almost always management.

BB has no need to find a different agent. He was saved from the signage up again with Nike for lesser terms.

I hope you don't pratice law or give legal advice because you continue to be wrong in your analysis

Just because it's boiler plate doesn't mean it's not material.