Brief update that clarifies things more before we get a response from Boris' legal team.
I reached out to Merhawi Keflezighi, Boris' agent, for more comment on the lawsuit: "Our position is that Nike did not completely and timely match all of the material terms of the offer we presented them."
Background: Per the contract, Nike had a right of first refusal if Boris signed with another company during the time period discussed. Nike then had 10 days to match the other company's offer. If they didn't Boris was free to sign with the other company.
With the above in mind, I asked Merhawi if he felt Nike had not matched the terms of the New Balance contract in the 10 day period, why Boris then didn't just sign with New Balance and he wrote, "Boris has not signed a contract with any other footwear company because of this legal dispute and threats of legal action."
Lawyers chime in with your thoughts, but all this makes sense and I can see how we got where we are. NB offers Boris a contract, Merhawi shows a term sheet (simplified contract) to Nike. Nike says we'll match it. They then send over a more detailed contract and Merhawi and Boris are saying "that's not a match" this XYZ is important and isn't matched. Nike thinks it is and said we'll sue if you sign with someone else. Merhawi and Boris didn't want to get sued so maybe they were waiting for 180 days to end to sign with New Balance. Nike sues and the pressure is increased.
Lawyers I'm curious as to where you think this goes from here and timing. Berian is going to want to get paid this year. If this gets resolved after the Trials and Nike wins the dispute would they have to pay him for the full year even though he wasn't wearing Nike gear? Presumably not. If Boris wins, then he can sign with New Balance and they might likely just pay him anyway for the full year but that wouldn't be required either. Does anyone else think the timing of the suit increases the pressure on Berian? Maybe I'm reading too much into it because if timing was everything why not wait until the end of June to sue if you're Nike unless you thought Boris would go to court first.