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Spring 2010 open memo assignment tiger woods v. nbc and fox news (n z)
1. Professor Goering
LARW I, Section J
Spring 2010
MEMORANDUM
TO: Junior Associates (N-Z)
FROM: Senior Partner Goering and Senior Associate Glenn
RE: New Clients
DATE: March 3, 2010
Our clients, NBC and Fox Broadcasting Company, have asked our firm to
research the likelihood that Tiger Woods and Elin Nordegren, his wife, will prevail in a
civil lawsuit against them for airing videos alleging incidents of domestic violence in
their marriage. Until recently, the couple lived together in their home on Jasper Island,
near Orlando, Florida. As you may have heard, they recently separated after an
incident in November that has received nationwide news coverage.
As you know, Tiger Woods was voted Athlete of the Decade by the Associated
Press for his impressive golf career. After the couple had a confrontation in late
November, NBC aired a Saturday Night Live skit about the incident and Tiger's
automobile accident that followed. At about the same time, Fox aired a segment of
The Wanda Sykes Show in which Sykes speculated that the Nordegren had attacked
Woods after he admitted having an extramarital affair.
On February 19, 2010, Woods issued a public apology, during which (among
other things) he flatly denied allegations of domestic abuse in the couple’s marriage. I
have attached a transcript of his remarks, and you may find it helpful to watch the
videotaped apology, which was aired live from the PGA Tour headquarters in Florida.
You should also review the videos in question, which you can find by following the
hyperlinks embedded in this memo.
Our clients want to know whether Woods or Nordegren have a claim against
either network for invasion of privacy (or any variation) under Florida law. Please
research the legal issues. Specifically, does either plaintiff have a legal remedy against
either Fox or NBC for invasion of privacy? Of course, you’ll need to consider the
possible defenses our clients may assert to any privacy claim. Please assume that if the
couple does file suit, they will file the complaint in federal district court in Florida,
invoking diversity jurisdiction. Fox is headquartered in Los Angeles and NBC in New
York City, and both companies were incorporated in Delaware. Therefore, neither of
our clients legally “resides” in Florida.
By the way, in case you were wondering, I have already discussed the ethical
issues with our clients about joint representation by our firm. For now, however, they
have consented in writing for us to proceed with the preliminary research. If and when
2. Professor Goering
LARW I, Section J
Spring 2010
the lawsuit is filed, one of our clients has agreed to retain independent counsel to
avoid any conflict of interest or appearance of impropriety.
I have a followup meeting with each client’s general counsel later this month,
at which time I will advise them about their litigation risks. Therefore, I will need a
draft of your memo, along with a copy of your research plan, no later than 5:00 p.m.
on March 22, 2010, in order to have enough time to read it over and prepare for our
conference. Remember that your draft memo may not exceed 8 double-spaced pages.
You may discuss the assignment with any of your first-year law school
classmates in the J Section. However, it is a violation of the Honor Code to show your
written work to anyone except me or Valerie Glenn, my senior associate. Please
review the attached guidelines regarding the Honor Code. If you have any questions
about whether certain conduct violates the Honor Code, you are expected to consult
Jared or me for guidance.
Thanks so much for your help.
Attachments:
• Transcript of Tiger Woods’ public apology
• Honor Code Guidelines for Graded Memos and Briefs
3. Professor Goering
LARW I, Section J
Spring 2010
Honor Code Guidelines for Graded Memos
Legal Analysis, Research, and Writing I
Q: Who is allowed to see my memo?
A: You may not show your memo to anyone except me and Valerie Glenn, my
teaching assistant.
Please understand that this requirement is indeed as limited as it sounds. You may
not show your paper to your spouse, sweetheart, best friend, mother, significant other,
or anyone else, even "just to proofread" or "just to see what she thinks." This applies
even if you've "always had so-and-so proofread all my papers."
Q: With whom may I research and discuss my memo or brief problem?
A: You may research and discuss your memo and brief problems only with fellow
members of the J Section, Washburn Law School librarians, Valerie Glenn, or
me. Reading your memo or brief to another individual is not discussion and is not
allowed.
Please understand that this requirement is just as limited as it sounds. This means
you may not discuss your problem or your paper with students from other classes or
other LARW sections, with mentors, with study group leaders, with tutors, with
attorneys, with other professors, with parents, with siblings, or with any of your
friends who are not J Section students.
Q: What should I do if I have a question on what is permissible and what is not?
A: Ask me in class, come see me, e-mail me, phone me, or drop a note in my
mailbox in Room 203. You must check with me before doing anything else.
Q: How long do these restrictions last for any particular assignment?
A: Until I announce in class that they are lifted.
Q: What should I do if I know that somebody is violating these rules?
A: Under the Honor Code, you have a responsibility to come to me with names and
details, so that I can begin an investigation. I will vigorously pursue an investigation
of any violation for which I have evidence. However, please understand that I can do
nothing with rumor or innuendo.
4. Professor Goering
LARW I, Section J
Spring 2010
Q: Is cheating a common problem?
A: No, it is not. It is rare, in my experience both as a student and a professor. Most
students who are intelligent and disciplined enough to get into law school don’t need
any rules at all, because they abide by the simple rule that it is unfair to do anything
on a graded assignment that would give them an unfair advantage over fellow
law students. But cheating has happened before, and therefore I am spelling out the
rules to assure you that anyone who breaks these rules is either too ignorant or too
unethical to belong in the legal profession.
Q: Don't these restrictions defeat some educational benefits?
A: Yes, indeed, they do. In legal practice, it is beneficial to talk about a memo or brief
problem with anyone you think may be able to help, subject to your ethical duty to
keep your client communications confidential. But law school is not "real life."
Requiring you to write a memo and a brief entirely on your own is intended to be of
great benefit to you, but that is not the only purpose. The other purpose of graded
assignments is to evaluate your ability to independently apply legal research,
analysis, and writing skills you learn through reading, exercises, and class
discussion.
So, in the weeks to come, please remember:
THIS IS A TEST.