Boris, Nike Approaching Potential Resolution?
Boris, Nike Approaching Potential Resolution?
Court documents filed in Nike v. Berian indicate that the contractual dispute between the footwear giant and former burger-flipper and current 800m world
Court documents filed in Nike v. Berian indicate that the contractual dispute between the footwear giant and former burger-flipper and current 800m world indoor champion may be coming to a close.
The full restraining order (which you can read below and has not been posted online before) indicates that the judge is leaning towards ruling for Nike in the lawsuit. U.S. District Judge Marco Hernandez writes:
"Nike is likely to succeed on the merits that a contract existed between Nike and Defendant Boris Berian ("Defendant") as of January 22, 2016. In this case, Nike argues that it properly matched an offer from New Balance Athletics, Inc. ("New Balance") to Defendant, thereby creating a new contract pursuant to Section 5 of the parties' 2015 Track & Field Contract. Nike has shown that it is likely that when, on January 22, 2016, Nike notified Defendant that it agreed to match the terms of the New Balance offer, a contract was formed. Based on the record currently before the Court, it is likely that the resulting contract between
Nike and Defendant does not include reductions because the New Balance offer did not include reductions."
Translation: the judge thinks that the contract Nike offered Berian didn't include reductions, and therefore constitutes a match of New Balance's offer.
That restraining order asked both parties to conduct discovery and depositions to bring the case to a resolution.
Today, in what seems unusual--but we're not lawyers, and feel free to contact us if you are--Berian's and Nike's lawyers filed jointly for a delay in the legal proceedings. Both parties requested an extension for Berian's deadline to respond to Nike. It seems that Berian intends to file a document publicly that Nike views as confidential, and both parties see a possible resolution to that dispute. From the filing, which you can read below:
"As part of its Answer, Defendant [Berian] intends to publicly file contractual documents that Plaintiff [Nike] views as confidential. With additional time, the parties may be able to resolve this disagreement, but they have not yet been able to do so...In connection with these efforts, the parties expect to reach agreement on a protective order, and to further discuss (in the hopes of reaching agreement) the confidentiality of one document in particular—a draft agreement that Plaintiff sent to Defendant’s agent on February 22, 2016. The parties disagree on whether this draft agreement must be filed under
seal."
Previously, in Nike v. Berian:
The full restraining order (which you can read below and has not been posted online before) indicates that the judge is leaning towards ruling for Nike in the lawsuit. U.S. District Judge Marco Hernandez writes:
"Nike is likely to succeed on the merits that a contract existed between Nike and Defendant Boris Berian ("Defendant") as of January 22, 2016. In this case, Nike argues that it properly matched an offer from New Balance Athletics, Inc. ("New Balance") to Defendant, thereby creating a new contract pursuant to Section 5 of the parties' 2015 Track & Field Contract. Nike has shown that it is likely that when, on January 22, 2016, Nike notified Defendant that it agreed to match the terms of the New Balance offer, a contract was formed. Based on the record currently before the Court, it is likely that the resulting contract between
Nike and Defendant does not include reductions because the New Balance offer did not include reductions."
Translation: the judge thinks that the contract Nike offered Berian didn't include reductions, and therefore constitutes a match of New Balance's offer.
That restraining order asked both parties to conduct discovery and depositions to bring the case to a resolution.
Today, in what seems unusual--but we're not lawyers, and feel free to contact us if you are--Berian's and Nike's lawyers filed jointly for a delay in the legal proceedings. Both parties requested an extension for Berian's deadline to respond to Nike. It seems that Berian intends to file a document publicly that Nike views as confidential, and both parties see a possible resolution to that dispute. From the filing, which you can read below:
"As part of its Answer, Defendant [Berian] intends to publicly file contractual documents that Plaintiff [Nike] views as confidential. With additional time, the parties may be able to resolve this disagreement, but they have not yet been able to do so...In connection with these efforts, the parties expect to reach agreement on a protective order, and to further discuss (in the hopes of reaching agreement) the confidentiality of one document in particular—a draft agreement that Plaintiff sent to Defendant’s agent on February 22, 2016. The parties disagree on whether this draft agreement must be filed under
seal."
Previously, in Nike v. Berian:
- Nike Seeks Federal Court Order to Prevent Berian from Wearing New Balance
- Boris Berian Gets Served By Nike For Breach of Contract
- Report: Nike Wins Restraining Order Against Berian