PRIVACY, DEFAMATION & OTHER RELATIONAL TORTS
FINAL EXAMINATION
PROFESSOR COOPER
FALL 2002
Wednesday, December 18

General Instructions

1. This is a closed book exam.

2. You have three (3) hours to complete this exam.

3. This exam contains two parts:
4. Answer Part II (Essay) in blue books or type your answer. If writing in blue books, write on every other line and on one side of each page. If you are typing your exam, the exam administrators will double-space your exam for you when it is printed.

5. Please write legibly. I will not give you credit for words I cannot read.

6. The multiple-choice section, and each essay question are of approximately equal weight.

7. Unless the question indicates otherwise, answer using tort principles of general application, including discussion of any applicable split of authority.

8. A complete discussion of an essay question requires consideration of potentially applicable privileges or defenses, if any.

9. Write your exam number on your exam envelope, all used blue books, at the top of this page, at the top of Part II, and on the ParSCORE test form. Do not use your name, student ID number, or Social Security Number on any exam materials.

10. At the conclusion of the exam, return all test materials, including blue books, scratch paper, the ParSCORE answer sheet and this exam packet to the envelope and submit it to the proctor.

11. Good luck. We had a great class. Enjoy your Winter Break!


PRIVACY, DEFAMATION & OTHER RELATIONAL TORTS

PART II: ESSAY

QUESTION ONE
(One Hour Suggested)

In November, Arnold Becker, a partner at the law firm of Dewey, Cheatham & Howe ("Dewey") and co-chair of the firm's corporate law group, left the firm after 15 years to join the rival law firm of Money & Moore ("Money"). Money announced the hiring of Becker in a press release trumpeting Becker's background and experience, with the headline "Prominent Corporate lawyer Arnold Becker to Join Money & Moore." Legal newspapers reported on the announcement, writing that Becker was a "big hire" for Money, which had "poached" the "well-known corporate lawyer" from Dewey.

The next day, Dewey responded with its own press release. Dewey's release stated: "Mr. Becker's departure comes on the heels of sexual harassment allegations involving Mr. Becker. The firm investigated the harassment claims against Mr. Becker and concluded that there is a reasonable likelihood that harassment had occurred. The firm responded with a variety of measures." The release went on to note,"It is always sad to lose a friend and colleague to another firm. However, under the circumstances, Mr. Becker's move is probably in the best interest of all concerned. We wish him well with his new firm."

Dewey's managing partner, Grace Van Owen, explained that the firm needed to respond to the press release and news articles in order to "correct the record" and counter any misperceptions created by Money's announcement that Becker's departure was a loss for Dewey. The firm issued the release, Van Owen said, because it felt that Money's announcement was misleading, giving the impression that Dewey had lost a respected leader, which she maintained was not true at the time of Becker's departure. Van Owen added that the firm had received feedback from third parties that perceptions of a major loss by Dewey would make it difficult for the firm to hire other lateral partners and associates.

Dewey's press release generated substantial interest among legal newspapers, and numerous articles were published with Dewey's version of the story behind Becker's departure.

Becker had been slated to begin working as a partner at Money on January 1 under a contract providing for a minimum annual compensation of $1 million. Becker and Money had entered into the contract in November. On December 1, Money forced Becker to withdraw from the firm because of the statements in Dewey's press release. Investigation reveals that Money breached its contract with Becker when it forced him to withdraw.

Discuss Becker's potential claims against Dewey, Cheatham & Howe.


QUESTION TWO
(One Hour Suggested)

Betty Cooper, a beginning writer, recently published her first book, How to be a Party Girl: A Guide to Living Single in the Big City. To promote the book, her publisher arranged for her to appear on television talk shows, including the Geri Jones Show. Without Cooper's knowledge, the producer of the show booked an anonymous prostitute to appear on the show with Cooper. The producer wrote the following promotional press release describing the show:

TV Now magazine is a program guide published by TNT Media, Inc. ("TNT"). Josie Katz, a TNT staff copy editor, rewrote the press release for publication in TV Now's program promotion section The description of the show that appeared in TV Now read: "Geri Jones Show: From Party Girl to Call Girl. Scheduled guest: Betty Cooper, author of How to be a Party Girl: a Guide to Living Single in the Big City." The description deleted the question mark contained in the headline of the original release. The description also did not refer to the anonymous prostitute. The omission of the additional guest was in line with the ordinary procedure at TV Now of not listing all guests on talk shows. Katz also eliminated the reference because she did not want to use the word "prostitute" in the magazine. Katz did not feel the program description said or implied that Cooper was a call girl.

Reggie Mantle is the director of marketing for TV Now. Mantle authorized a promotional campaign for the magazine featuring reprints of program descriptions published by TV Now. Mantle approved an ad for bus shelters that included the "party girl" program description. Mantle did not seek Cooper's consent to use her name in the ad.

Meanwhile, in preparation for her book promotion tour, Cooper went to see dermatologist Veronica Lodge to have an unsightly mole removed from the tip of her nose. Dr. Lodge entered the examination room accompanied by a young man who was wearing a white lab coat. Dr. Lodge introduced the man as Dr. Rich, "a medical student who is observing my work today." Cooper did not voice any objections to his presence. Dr. Rich remained in the examination room, sitting beside the operating table and observing while Dr. Lodge removed the mole. Rich occasionally attempted to suppress laughter during the procedure, making Cooper uncomfortable. After leaving the office, Cooper learned that Rich actually was not a medical student, but Dr. Lodge's college student nephew, Richie Rich, who had thought it would be "fun" to observe his aunt at work.

Discuss Cooper's claims against TNT and Dr. Lodge. Your research has revealed that this jurisdiction does not recognize claims for false light invasion of privacy.

END OF EXAM