This is an appeal from the trial court's grant of summary judgment for defendants in a diversity case arising from defendants' alleged tortious invasion of plaintiff's privacy. On April 3, 1978, defendants published in the periodicalMedical Economicsan article entitled "Who Let This Doctor In The O.R.? The Story Of A Fatal Breakdown In Medical Policing." The article, a copy of which is contained in the record before us, outlines two incidents of alleged medical malpractice in which patients of plaintiff, an anesthesiologist, suffered fatal or severely disabling injuries in the operating room as a result of plaintiff's acts of alleged malpractice. The article indicates that in the case of the disabling injuries, plaintiff's insurer settled the ensuing malpractice action for $900,000. It notes further that in the case of the fatal injury, the patient's family was attempting to reach a settlement. Following a description of these incidents, the article suggests that they occurred because of "a collapse of self-policing by physicians and of disciplinary action by hospitals and regulatory agencies." To show the substantiality of this inadequate policing of medical personnel, the article discusses plaintiff's history of psychiatric and related personal problems. The article suggests (1) that there was a causal relationship between plaintiff's personal problems and the acts of alleged malpractice, (2) that plaintiff's lack of capacity

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*307to engage responsibly in the practice of medicine was or should have been known to the policing agents of the medical profession, and (3) that more intensive policing of medical personnel is needed. The article identified plaintiff by name and included her photograph.

21. A financial consultant obtains different valuations of my company when it discounts the

Free Cash Flow (FCF) as opposed to when it uses the Equity Cash Flow. Is this correct?

22. Which parameter better measures value creation; the EVA (Economic Value Added),

the economic profit or the CVA (Cash Value Added)?

23. How could we project exchange rates in order to be able to forecast exchange

differences?

24. Is it possible to use a constant WACC in the valuation of a company with a changing

debt?

25. Which method should we use to valuate young companies with high growth but

uncertain futures? Two examples were Boston Chicken and Telepizza when they began.

26. Which of these two methods is better: discounting the Equity Cash Flow or

discounting the Free Cash Flow?

IESE Business School-University of Navarra - 3

27. Is it possible to value companies by calculating the present value of the EVA

(Economic Value Added)? Which are the necessary hypotheses so that such valuations

provide similar results to discounting cash flows?

28. At times, companies accuse investors of performing credit sales that they make their

quotations fall. Is that true?

29. What impact does high inflation have on the value of a business?

30. Is it possible to use different WACCs in order to discount each year's flows? In which

cases?