These guys would make the worst lawyers. Between this and Reggie's defense for having Game chat be a smartphone app as opposed to a console app (no more clunky "gamer" headsets) I've never seen such mental gymnastics to defend a product's flaw.
This was like the entire basis of Nintendo's marketing. In fact, there already exists Zelda games on the Wii U that use the second screen and it turns out speculation isn't necessary; I think many gamers consider having all the menu information on a second screen is preferable to frequent pauses.
Not that I really care, I'll be using the Pro controller. It just bugged me seeing an employee of Nintendo saying that a second screen is distracting for a Wii U game.