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Defendant was hired during a child custody dispute to investigate Plaintiff. Learning of inconsistencies in the manner in which Plaintiff came to possess bearer bonds

Defendant was hired during a child custody dispute to investigate Plaintiff. Learning of inconsistencies in the manner in which Plaintiff came to possess bearer bonds during the investigation, Defendant reported the discrepancies to the authorities. Thereafter, Plaintiff was charged with and convicted of felony theft of the bonds. Defendant publishes a newsletter which is sent, free of charge, to law enforcement authorities, financial institutions, law firms, and other organizations. The newsletter contains articles on financial fraud investigations and provides information on upcoming conferences. One article discussed the role Defendant played in uncovering and reporting Plaintiff's illegal activities. As set out in the article, Plaintiff, who worked as a secretary at a brokerage firm, stole bearer bonds from a customer of the firm, cashed the bonds, and used the money for her personal use. Detailing Defendant's investigation of Plaintiff and noting that a jury convicted her of theft, the article mentioned Plaintiff by name and included her photograph. Plaintiff learned of the publication of the article and filed a lawsuit against Defendant, contending that Defendant invaded her privacy by appropriating her name or likeness. Defendant has moved for summary judgment on the ground that the use of Plaintiff's name and likeness

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