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WILLEY v. RILEY12/20/1995
e day Willey terminated his employment with the law firm. Willey admitted he never discussed with Riley his contractual relationship with Philip Morris. Riley allegedly first learned of Willey's connection to Philip Morris by way of a memorandum that was faxed from Patricia Wilson, midwest regional manager of Philip Morris' government affairs division, to Willey at the law firm on Friday, March 30, 1990 at 6:03 p.m. Wilson, in charge of Philip Morris' lobbying activities in Iowa, was the person to whom Willey reported on a regular basis. Willey had given Wilson the law firm's telephone and fax numbers in order for her to know how and where to reach him if needed. Willey did not inform Wilson of his plans to resign from the law firm and move to a new location until after he had completed his move on April 2, 1990. At the time Philip Morris faxed the memorandum to the law firm in care of Willey, Riley was out of town and Willey had already resigned from the firm and was gone from the office.
After the fax was brought to Riley's attention on Monday, April 2, Riley initiated one of two telephone calls to Patricia Wilson of Philip Morris. The first conversation occurred on April 2, the same day Riley returned to the office and learned of Willey's resignation.
On that date, prior to Riley telephoning her, Wilson telephoned the law firm and asked to speak with Willey in regard to the fax. A secretary or receptionist of the law firm informed Wilson that Willey was not in the office at that time, but, if the fax was sent to the law firm, Willey must have received it.
Wilson was not informed during the telephone conversation with the secretary or receptionist that Willey had resigned from the firm. Wilson left a message that she was desperate to contact Willey and that "if anybody at the firm or just anyone knew where he was, to please have him call ." On the same day as Wilson's telephone call, Riley saw the message and fax from Wilson and then telephoned her.
When Riley telephoned Wilson, he informed her he was in possession of the memorandum that she had faxed to Willey and then he began asking her questions about Willey's relationship with Philip Morris. According to Wilson, Riley did not say anything derogatory about Willey during their telephone conversation, yet she felt very uncomfortable talking with Riley when he started asking a lot of questions. Wilson refused to answer any of Riley's questions and ended the brief telephone call. As a result of this telephone call, Wilson's supervisors instructed her to not take any more telephone calls from Riley.
Approximately two weeks to a month after Riley's first telephone call to Wilson, Riley telephoned Wilson a second time and again asked her specific questions concerning Willey's relationship with Philip Morris. Once again, Wilson informed Riley that she could not answer his questions. Before this second conversation ended, Riley told Wilson that she could either answer the questions at that time or she could answer them pursuant to a subpoena. After this comment, Wilson, feeling upset by Riley's statement, abruptly ended the conversation with Riley.
Sometime during the spring of 1990, Wilson reported Riley's second telephone call to her immediate supervisor and then to Philip Morris' associate general counsel. Wilson's supervisors instructed her, based on the information [541 NW2d Page 526]
that she told them concerning her telephone conversations with Riley, to sever all contacts with Willey. This action made it impossible for Willey to act as a lobbyist for Philip Morris.
Willey's original contract with Philip Morris was scheduled to run through December 1990. Ho
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