BORIS IS FREE!!!! Nike has dropped its lawsuit against Boris Berian

It's interesting to note that Ken Goe, whom many on her criticize for being pro Alberto/Nike/Rupp (which I think is unfair as he's a great journalist, being from Portland it's good that he has some accesss to the group as Rupp hardly talks to ayone) wrote an aritcle before Nike had dropped the suit where he said,

"I don't understand now, and haven't understood since this began, why Nike wants to force Berian to stay in the fold if he doesn't want to be there."

http://www.oregonlive.com/trackandfield/index.ssf/2016/06/thursday_morning_news_notes_an_8.html#incart_most_shared-trackandfield

I've seen a few tweets, here's one

http://www.nasdaq.com/article/nike-drops-lawsuit-against-olympic-hopeful-boris-berian-20160623-01030

LRC Note: Here is our article on the development with a quote from Hawi Keflezighi:

http://www.letsrun.com/news/2016/06/david-1-goliath-0-nike-dropped-lawsuit-againt-boris-berian/

Future athletes take note to hire a lawyer to negotiate and review the terms of the contract.

Also if everyone refuses to agree to "reduction clauses" and allowing the right of first refusal they will be come a thing of the past.

Sadly like in the music industry up and comers are just happy to receive an offer, they rarely read and comprehend the terms and as a consequence could be saddled with a bad contract should they lucky enough to become successful.

On another note Boris's agent was and still is in a position of conflict of interest. He was negotiating a sponsorship deal with New Balance and the track club at the same time as he was negotiating a shoe deal with the same company for Boris. A classic case of conflict of interest.

YEEEEEEEES!

Now, boycott Nike anyway.

Parbuster wrote:

Future athletes take note to hire a lawyer to negotiate and review the terms of the contract.

Also if everyone refuses to agree to "reduction clauses" and allowing the right of first refusal they will be come a thing of the past.

Sadly like in the music industry up and comers are just happy to receive an offer, they rarely read and comprehend the terms and as a consequence could be saddled with a bad contract should they lucky enough to become successful.

On another note Boris's agent was and still is in a position of conflict of interest. He was negotiating a sponsorship deal with New Balance and the track club at the same time as he was negotiating a shoe deal with the same company for Boris. A classic case of conflict of interest.

Hawi's athletes might think they are getting a legal expert, as Hawi has his JD from UCLA. It does not appear that he has passed any bar exam, though.

Parbuster wrote:

On another note Boris's agent was and still is in a position of conflict of interest. He was negotiating a sponsorship deal with New Balance and the track club at the same time as he was negotiating a shoe deal with the same company for Boris. A classic case of conflict of interest.

You are completely wrong about this. There is no guarantee from a company they will hire you if they negotiate with you. When you look for a new job you look for the best pay offer. Putting all you eggs in one basket is what always the wrong option.

He beat the high priced Nike legal team. Pretty good for a JD who hasn't passed the bar exam. It proves that passing the bar does not a great lawyer make.

I think you need to look up the definition of Conflict of Interest. Then read the court documents before making an assessment.

beat the Nike attorney$$$$ wrote:

argr34t wrote:

Hawi's athletes might think they are getting a legal expert, as Hawi has his JD from UCLA. It does not appear that he has passed any bar exam, though.

He beat the high priced Nike legal team. Pretty good for a JD who hasn't passed the bar exam. It proves that passing the bar does not a great lawyer make.

Or his bumbling cost Boris a pre OT races, money as well as a huge distraction in an Olympic year.

This could have been handled 1000X better.'

BTW Hawi didn't beat anyone, he got lucky and had a good legal team.

Conflict of Interest would mean BB could not ask any company except Nike to make an offer. Then how would Nike match an offer that would be allowed to be made due to your incorrect belief about "conflict of interest"?

Foda pooda wrote:

Or his bumbling ...

BTW Hawi didn't beat anyone, he got lucky and had a good legal team.

0/10

The only bumblers were Nike management and their attorneys. Hawi smashed them. /eot

Busted Par wrote:

Conflict of Interest would mean BB could not ask any company except Nike to make an offer. Then how would Nike match an offer that would be allowed to be made due to your incorrect belief about "conflict of interest"?

Hawi's conflict was pretty clear here.

he was negotiating for BB with NB

He was negotiating for BBTC with NB

BBTC's clubs interests were not aligned with BB. So it would force Hawi to choose one interest over the other.

He tried to manage and got burned. He tried to force BB to get a contract from NB before 180 days was up because he was trying to time it with the NB contract.

he got the BBTC-NB contract but not the BB-NB contract. If he circumstances changed and NB didn't offer BB a new contract now, BB would lose.

It's pretty clear.

beat the Nike attorney$$$$ wrote:

He beat the high priced Nike legal team. Pretty good for a JD who hasn't passed the bar exam. It proves that passing the bar does not a great lawyer make.

Also, I'm sorry you weren't' smart enough to pass the bar

I didn't see this until now. There's too much action on lrc these days. Boris, Brexit, Jama, Genzebe, Rob Young, etc.

Wonder how many visitors lrc has these days.

Foda pooda wrote:

beat the Nike attorney$$$$ wrote:

He beat the high priced Nike legal team. Pretty good for a JD who hasn't passed the bar exam. It proves that passing the bar does not a great lawyer make.

Also, I'm sorry you weren't' smart enough to pass the bar

Also, I'm sorry you lost the case to a lowly JD. Sucks to be you.

Foda pooda wrote:

Busted Par wrote:

Conflict of Interest would mean BB could not ask any company except Nike to make an offer. Then how would Nike match an offer that would be allowed to be made due to your incorrect belief about "conflict of interest"?

Hawi's conflict was pretty clear here.

he was negotiating for BB with NB

He was negotiating for BBTC with NB

BBTC's clubs interests were not aligned with BB. So it would force Hawi to choose one interest over the other.

He tried to manage and got burned. He tried to force BB to get a contract from NB before 180 days was up because he was trying to time it with the NB contract.

he got the BBTC-NB contract but not the BB-NB contract. If he circumstances changed and NB didn't offer BB a new contract now, BB would lose.

It's pretty clear.

But as an agent, why can't he represent 2 different entities trying to get contracts with the same company?

BBTC's interests may not have aligned with BB but why do they have to be?

How did they conflict?

How is this any different than any other agent representing multiple athletes and getting different contracts from the same shoe company?

Genuine questions here.

Foda pooda wrote:

Busted Par wrote:

Conflict of Interest would mean BB could not ask any company except Nike to make an offer. Then how would Nike match an offer that would be allowed to be made due to your incorrect belief about "conflict of interest"?

Hawi's conflict was pretty clear here.

he was negotiating for BB with NB

He was negotiating for BBTC with NB

BBTC's clubs interests were not aligned with BB. So it would force Hawi to choose one interest over the other.

He tried to manage and got burned. He tried to force BB to get a contract from NB before 180 days was up because he was trying to time it with the NB contract.

he got the BBTC-NB contract but not the BB-NB contract. If he circumstances changed and NB didn't offer BB a new contract now, BB would lose.

It's pretty clear.

Wow! Just, wow! You are a super attorney, bar none. How is it possible for the $1000/hr attorneys Nike hired to miss something that, now that you mention it, is so obvious? Contact Nike IMMEDIATELY and tell them you will take over the case; you have a way to crush Berian into dust. You should be payed royally for saving Nike.

How many Nike sponsored meets will BB be invited to run in?

So, Nike sponsors Nike athletes only meets? It doesn't work that way for most meets. There are other sponsors, like TV--biggest sponsor of the Olympics--, and non-Nike merchandise.