Question One

(One Hour suggested)

Prescott Wentworth is president of the Wentworth Realty Group, Inc., a real estate firm in Big City. Since receiving the Big City Realtor of the Year award ten years ago, Wentworth has been active in the Big City business community. A few years ago, Wentworth became involved in an intimate relationship with Lucy Clark, a secretary at Wentworth Realty. Last year, Clark told Wentworth that she was pregnant with his child. Wentworth denied being the child's father and insisted on genetic testing to determine the identity of the father. Angered by Wentworth's reaction, Clark ended the relationship. She continued to work for Wentworth Realty for a short time afterward. However, the working relationship was uncomfortable, and Clark resigned.

After Clark gave birth to a son, Wentworth continued to deny paternity, and he refused to pay medical expenses or child support. Clark then filed a paternity action against Wentworth. Wentworth told his lawyer, his three adult daughters, and two of his friends about the paternity suit.

Gladys Kravitz, the gossip columnist for the Big City Herald, learned about the paternity suit and called Clark. Without revealing how she learned about the suit, she asked Clark for details. Clark briefly discussed the allegations supporting her complaint. Based on this interview, the Herald published the following the next day as part of Kravitz's gossip column, "The Eye":

Big-time real estate broker Prescott Wentworth, former Realtor of the Year and business leader has a new title: "Daddy." The 50 year old Wentworth, president of the Wentworth Realty Group, is the father of 3-month old Jason Clark, according to a suit filed by Lucy Clark, who once worked for Wentworth. Lucy Clark is seeking child support from Wentworth, whom she alleges has refused to acknowledge paternity. And that's not all ...Clark also says Wentworth fired her while she was pregnant. The Eye called Wentworth's lawyer whose only response was, "No comment."

Later, when genetic tests confirmed that Wentworth was Jason's father, he acknowledged paternity and child support obligations. Wentworth also learned of a state statute providing that court papers connected with paternity proceedings are not available for public inspection. Wentworth decided to sue the Herald. Sadly, before Wentworth filed his suit, Kravitz passed away. Clark says she believes she told Kravitz she resigned, but at this point Clark really does not recall what was said.

Discuss Wentworth's claims against the Herald for public disclosure of private facts, defamation, and false light invasion of privacy.

Question Two

(One Hour Suggested)

Fantalk Enterprises publishes Fantalk magazine and produces the television program, Fantalk TV. The magazine and television program focus on "news and views" about celebrities. Fantalk TV recently covered the wedding of internationally known pop music star Diva Singer and film star Matt Famous. The stars held their wedding outdoors at a secluded country estate. The location, date and time were disclosed only to the 100 invited guests and the employees of the catering service. When Fantalk received a tip identifying the caterer, a Fantalk reporter obtained a job as a waiter with the catering service, and alerted Fantalk's producers to the location. A Fantalk cameraman used a highpowered lens to take photos of the wedding reception from an airplane, and the reporter who posed as a waiter wore hidden microphones to capture "juicy tidbits" from guests. Fantalk TV broadcast the images and conversations from the Singer-Famous wedding reception. Singer and Famous are furious, and they plan to sue Fantalk Enterprises.

Fantalk magazine has drawn the ire of Monty DeCarlo, the son and sole surviving heir of Dionne DeCarlo, a glamorous - but reclusive - film star of the 1950s and 1960s. During the height of her popularity, Ms. DeCarlo shunned the public eye except for obligatory appearances to promote her films. Ms. DeCarlo died in poverty and obscurity. Recently, as her career received renewed attention, Fantalk magazine produced a special issue focusing on the life and career of Dionne DeCarlo. In response to the popularity of the DeCarlo special issue, Fantalk is now selling a package of photos from the special issue "to share the beauty of Dionne DeCarlo with a new generation of fans."

Fantalk Enterprises recently fired Gayle Friday, a receptionist, for using illegal drugs on the company's premises. Friday's supervisor met with her in a conference room to tell her why she was being terminated. The supervisor's secretary also was present in the conference room during the meeting. The conference room was slightly ajar, and two employees in the hallway overheard the conversation. The underlying facts are disputed, and Friday has at least one witness to support her denial of the accusations of drug use.

Today is your first day as general counsel of Fantalk Enterprises. In one hour, you are attending a meeting with Fantalk's Chief Executive Officer. She has requested your preliminary legal analysis of the situations described above.

Discuss the claims that Singer and Famous, DeCarlo, and Friday might assert against Fantalk Enterprises, including the possible outcome of those claims. Please note that the Chief Executive Officer does not want your analysis to include public disclosure of private facts at this time.