Nike on Thursday dropped its contract lawsuit against Boris Berian, the reigning world indoor 800 meter champion and graduate of Widefield High School in Colorado Springs, a surprising move that comes just a week before the start of the U.S. Olympic Track and Field Trials.
Nike had argued after its initial deal with him expired at the end of 2015. In January, it had put forth what it called a matching offer against one from rival shoe company New Balance, which it had a right to do.
Berian’s agent, Merhawi Keflezighi, told The Denver Post that Nike’s decision allows Berian to sign with any shoe company. He also said he expected this was the end of the dispute.
On Wednesday in Portland, Ore., federal judge Marco A. Hernandez was expected to issue a ruling but delayed it another week, a decision that would have come on the eve of Berian’s first-round 800-meter race at the trials in Eugene, Ore., the birthplace of Nike.
“Nike legitimately exercised its right to match the New Balance offer, and we believe we would prove this at trial. It is important that agreements endorsers, endorsees and agents sign together are appropriately upheld,” the company said in a statement. “As a running company, we also recognize that this is a significant time for Boris, and in light of the judge’s decision to delay the ruling until June 28, the eve of the Olympic Trials, we decided to eliminate this distraction for Boris.”
The Wall Street Journal .
Berian and his lawyer, Vincent Ewing, had argued that Nike hadn’t met the terms of New Balance’s three-year agreement because its offer contained reduction clauses, which would have docked him base pay for not meeting minimum performance standards or appearances on the track.
Ive had so much support from my family friends and all of my fans the past couple months and I cant thank you enough!
— Boris Berian (@borisgump800)
Nike had faced mounting criticism from athletes as it pursued litigation, a battle that was portrayed by Berian’s camp as a David vs. Goliath struggle between an athlete with a heartwarming story and a global shoe and apparel conglomerate who had used considerable resources to go after him. Nike had said it would suffer “irreparable harm” should Berian sign with another company.
In court documents, former Nike athlete Nick Symmonds and representatives from rival companies Oiselle and New Balance had filed support for Berian, saying that the reduction clauses Nike had said were standard were anything but.
Berian just two summers ago was working at McDonald’s and sleeping on a friend’s couch. He was training on his own, having dropped out of college at Adams State, before eventually joining Big Bear Track Club in Big Bear, Calif., a group sponsored by New Balance.
He eventually ran the fifth-fastest 800 meters ever by an American and in March, in Portland, a few minutes drive from Nike’s world headquarters.
Should Berian qualify for the Rio Olympics — as he is expected to do — he would be required to wear Nike apparel anyway because of an existing longterm agreement with USA Track and Field, leaving him only allowed to wear the shoes of his choosing.