1. MEMORANDUM
TO: Junior Associates A-M
FROM: Senior Partner Goering and Senior Associate Stromberg
RE: Representation of Lara Jade Coton
DATE: September 6, 2007
Yesterday I met with a new client, Lara Jade Coton. Ms. Coton has retained us to
represent her in pressing Florida state law claims for misappropriation of her likeness and
for portraying her in a false light. Please refer to the Complaint we recently filed on her
behalf in federal court against defendants Televised Visual X-Ography, Inc. (TVX,
Inc.) and Robert Augustus Burge (Burge).
Lara lives in England. She is a talented young photographer who markets her
work on the internet. When she was only 14, she posted a charming photograph of
herself on Facebook. Since then, she has developed her own website to market her
photography work, and for someone so young she has already become quite successful.
Unfortunately, our client recently discovered that the defendants have been using
her photo to promote the distribution of a DVD of pornographic images under the title
“Body Magic.” The defendants have published her image on the DVD itself and also on
its packaging. As you might imagine, she is very upset because the defendants have used
her image without her knowledge or her authorization. She is absolutely horrified that
her artistic work has been used to promote pornography, and she is even more upset to
learn that her image has been used by defendants for commercial purposes without her
consent.
Ms. Coton wants us to pursue a claim for money damages against the defendants,
including punitive damages. She also wants the court to issue an injunction ordering the
defendants to stop using her image to promote the pornographic DVD.
We need to immediately assess the likelihood that our client will prevail in federal
district court on one or more of her three claims against the defendants. If she is unlikely
to win, we may want to consider settlement negotiations with the defendants to avoid
undue litigation expense. At this point, you may assume that the facts alleged in the
complaint are not in dispute. You may also assume that the federal district court in
Florida has proper diversity jurisdiction, as well as personal jurisdiction over each of the
defendants named in the complaint.
We anticipate that the defendants will file an answer arguing that our client
cannot prevail because she waived any right to privacy when, as a minor, she voluntarily
posted her photograph on Facebook. We also expect the defendants to dispute her claim
that their use of her photograph depicts her in a false light, especially because neither the
photograph in question nor any other image of her is displayed as part of the video
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2. contents of the DVD itself – only on the label and the packaging.
I have attached copies of the relevant Florida statute and all the other research
materials you will need. Please limit your research to these materials. Do not look up
any other legal authority or background information. You may consult a law dictionary
to ensure you understand any unfamiliar terms. Also, you may consult the websites that
we have identified in the complaint to learn more background information on our client
and her website photography business. You may not look up any other legal authorities,
whether in print or online, and you may not investigate any other facts regarding our
client or her claims.
After carefully reviewing the attached legal authorities, please write a short office
memo addressing the appropriate issue or issues of law. Your memo should follow the
standard format for office memoranda discussed in the Edwards text, including the
appropriate headings. Please double-space your memo using 12-point Times New
Roman font, and please use at least one-inch margins on all four sides. Include page
numbers at the bottom center of each page (except the first), and be sure to include your
name and your section in your heading.
Your completed memo should be approximately 6-8 pages in length. I will not
read past the eighth page, so be sure you include all required memo components within
that overall page limit. Your final memo is due on or before Thursday, September
20, at 5:00 p.m.
In preparing your office memo, please cite cases and statutes consistent with the
ALWD citation manual. While I expect you to make a reasonable effort to accurately
cite your authorities, the precise form of your citations will not affect your grade on this
assignment. You are expected to demonstrate that you understand when you should cite
legal authority to support a statement in your memo.
You may discuss the research materials and your analysis with other students in
Sections A3 and B2 who are working on the same closed memo assignment. However,
you may not discuss the assignment or any of the materials with anyone else –
including other law students, your parents, your lawyer, your roommate, or your
significant other. Furthermore, you may not show your written work to anyone,
including your classmates. Writing, revising, editing, and proofreading of your memo
must be done by you alone. Any departure from these requirements, however minor
in nature, will be considered a violation of the Washburn School of Law Honor
Code and will be treated accordingly.
Before you begin your work on this assignment, I expect you to carefully review
the Washburn University School of Law Honor Code. If at any time you have any
questions about what is considered permissible conduct, please contact me
immediately by telephone, in person, or by email.
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