rojo wrote:
Jerry Maguire wrote:http://www.flotrack.org/article/42843-new-court-docs-set-stage-in-nike-v-berianNike claims that had Keflezighi or Berian responded to their lack of clarification before then, they would have removed the reductions from its offer to Berian. From today's filings:
"Because Defendant’s agent had failed to list the lack of standard reductions on the New Balance Offer or otherwise offer evidence beyond his own cover note regarding reductions, Nike included them in the proposed form of contract, but that in no way undermined its commitment to match the New Balance Offer, regardless of whether it included reductions...
It is telling that when push came to shove and Defendant needed a sworn declaration from New Balance regarding reductions for this litigation, he easily obtained one. Had Defendant’s agent done so when Nike requested it in January 2016, Nike would have conceded at that point that the New Balance offer was reduction-free."
The shoe company claims that this lack of response from Berian and Keflezighi was part of a plan to sign with New Balance:
Basically Berian & his Agent tried to Ignore Nike in hopes they would go away so he could sign with New Balance... Totally unprofessional and I don't feel bad for him anymore. Totally screwed himself
It's probably rude for me to comment on other journalists work but I thought that article didn't add anything.
The fact that Merhawi said Nike was matching doesn't mean they matched. The fact that Berian and Merhawi didn't want a deal with Nike means little as well.
We were in a lawsuit ourselves. An advertiser refused to pay us. In discovery, we found emails saying basically, "Find a way get out of the letsrun.com contract." When we got to court, their lawyer openly admitted it. " "Damn right. We wanted out of the contract and now we're out of it as they did x y, z."
The fact that Merhawi and Berian wanted out of the contract is obvious. T If I was the lawyer for Berian, I would have admitted that they wanted out of the Nike deal. Don't let that fact make you look guilty. I'd say, "Yes, they didn't want to sign with Nike and don't have to as Nike didn't match."
The first question for a judge to decide is, "Did Nike match?"
Nike says it couldn't match as Merhawi didn't give them the details of the no-reductions. Merhawi counters by saying the offer sheet presented by NB didn't show any reductions so why would I give you the reductions when there were none.