The Insider
The Insider
1. What response or reaction do you have to any aspect or part of this movie? (Give at least two reactions and give examples to explain your reactions.)
I was surprised that CBS was so willing to capitulate to Brown and Williamson’s threats of litigation. It would seem to me, given all the stories that 60 Minutes had produced over the years regarding corporate greed and unethical behavior, threats from Brown and Williamson of tortuous interference would be nothing new and would, at a minimum, be manageable especially given the fact that Brown and Williamson would have had to prove that CBS maliciously, unjustifiably or unlawfully interfered in the contractual obligation between Dr. Wigand and Brown and Williamson causing Brown and Williamson damages. Therefore, I question whether it was really the lawsuit that CBS was concerned about. According to the SEC filing, Lowell Bergman pointed out to Don Hewitt and Mike Wallace that Helen Caperelli, General Counsel of CBS, and Eric Cluster, president of CBS, had a lot at stake by way of a sale of CBS to Westinghouse - $3.9 million and $1.4 million, respectively. Did Ms. Caperelli and Eric Cluster fear CBS’s future of potentially being owned by Brown and Williamson over a tortuous interference lawsuit or were they concerned about their lack of personal financial gain if the sale went awry? It is my opinion, Ms. Caperelli and Eric Cluster were more concerned about ensuring their personal financial gain than they were about CBS’s future. Although I cannot say for certain, I speculate that Ms. Caperelli knew and understood the law and its interpretation of tortuous interference. As stated above, in order for CBS to be sued for tortuous interference, CBS would have needed to have maliciously, unjustifiably or unlawfully interfered with the ability of Dr. Wigand to perform his obligations under the agreement, preventing Brown and Williamson from receiving the performance promised by Dr. Wigand. CBS’s
1. What response or reaction do you have to any aspect or part of this movie? (Give at least two reactions and give examples to explain your reactions.)
I was surprised that CBS was so willing to capitulate to Brown and Williamson’s threats of litigation. It would seem to me, given all the stories that 60 Minutes had produced over the years regarding corporate greed and unethical behavior, threats from Brown and Williamson of tortuous interference would be nothing new and would, at a minimum, be manageable especially given the fact that Brown and Williamson would have had to prove that CBS maliciously, unjustifiably or unlawfully interfered in the contractual obligation between Dr. Wigand and Brown and Williamson causing Brown and Williamson damages. Therefore, I question whether it was really the lawsuit that CBS was concerned about. According to the SEC filing, Lowell Bergman pointed out to Don Hewitt and Mike Wallace that Helen Caperelli, General Counsel of CBS, and Eric Cluster, president of CBS, had a lot at stake by way of a sale of CBS to Westinghouse - $3.9 million and $1.4 million, respectively. Did Ms. Caperelli and Eric Cluster fear CBS’s future of potentially being owned by Brown and Williamson over a tortuous interference lawsuit or were they concerned about their lack of personal financial gain if the sale went awry? It is my opinion, Ms. Caperelli and Eric Cluster were more concerned about ensuring their personal financial gain than they were about CBS’s future. Although I cannot say for certain, I speculate that Ms. Caperelli knew and understood the law and its interpretation of tortuous interference. As stated above, in order for CBS to be sued for tortuous interference, CBS would have needed to have maliciously, unjustifiably or unlawfully interfered with the ability of Dr. Wigand to perform his obligations under the agreement, preventing Brown and Williamson from receiving the performance promised by Dr. Wigand. CBS’s