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Contract analysis / interview-memo-claire-ngo.docx
interview-memo-claire-ngo.docx
1017-00005 · 30 clauses
High · 0 Medium · 2 Standard · 1
I. Purpose and Scope of Interview
I. Purpose and Scope of Interview This interview was conducted as part of the independent privileged workplace investigation authorized jointly by the People & Culture Committee of the Board of Directors of Aurelius Global Media Group PLC ("AGMG" or the "Company"), chaired by Dame Cordelia Ashworth, and the Audit & Risk Committee of the Board, chaired by Raymond Okoro. The investigation was opened on May 2, 2023, and
II. Upjohn Admonition
II. Upjohn Admonition At the outset of the interview, Devon Archer administered the Upjohn / corporate Miranda warning to Ngo. Specifically, Ngo was advised of the following:
1. Calderwood & Harkness LLP has been retained by and represents Aurelius Global Media Gr
1. Calderwood & Harkness LLP has been retained by and represents Aurelius Global Media Group PLC, and its subsidiary Aurelius Pacific Studios Inc., in connection with this investigation. Calderwood & Harkness LLP does not represent Ngo individually, and no attorney-client relationship exists between Calderwood & Harkness and Ngo.
2. The purpose of the interview is to gather facts relevant to the investigation into all
2. The purpose of the interview is to gather facts relevant to the investigation into allegations concerning Marcus Hale. The interview is being conducted to enable Calderwood & Harkness to provide legal advice to the Company.
3. The interview is protected by the attorney-client privilege. However, that privilege b
3. The interview is protected by the attorney-client privilege. However, that privilege belongs solely to the Company, and the Company alone may decide whether to waive or maintain the privilege at any time and for any reason. This means the Company may, in its sole discretion, choose to disclose the contents of this interview to third parties, including government regulators, opposing counsel, or other parties.
4. Ngo should not discuss the substance of this interview, the questions asked, or her re
4. Ngo should not discuss the substance of this interview, the questions asked, or her responses with other employees, co-workers, or third parties, as doing so could compromise the integrity of the investigation and potentially waive applicable privileges.
5. Ngo has the right to retain her own personal counsel at her own expense if she wishes,
5. Ngo has the right to retain her own personal counsel at her own expense if she wishes, and she may decline to answer any question or discontinue the interview at any time. Ngo acknowledged that she understood each of the foregoing admonitions. She confirmed that she did not currently have personal counsel, that she had not sought personal counsel in connection with the investigation or her complaint, and that she
III. Background Information
III. Background Information A. Employment History and Role Ngo provided the following background information regarding her employment history and current position: • Full Name: Claire Ngo • Age: 33 • Current Title: Senior Director of Talent Relations, Aurelius Pacific Studios Inc. • Start Date: June 2021 • Office Location: APS headquarters, 3200 West Alameda Avenue, Suite 400, Burbank, California 91505 Ngo described
IV. Account of Alleged Incidents at Monarch Valley Resort Off-Site Retreat (February 17–18 Standard
⚑ Commercial term
IV. Account of Alleged Incidents at Monarch Valley Resort Off-Site Retreat (February 17–18, 2023) A. Context of the Off-Site Event Ngo described the circumstances surrounding the off-site retreat at which the alleged incidents occurred. She stated that Aurelius Pacific Studios held a company leadership off-site retreat at the Monarch Valley Resort, located at 905 Country Club Road, Ojai, California, on February 17–18
V. Account of Subsequent Exclusion from Strategy Meetings (March–April 2023)
V. Account of Subsequent Exclusion from Strategy Meetings (March–April 2023) A. Context — Prior Participation in Talent-Relations Strategy Meetings Ngo provided context regarding her regular participation in key talent-relations strategy meetings prior to the February 2023 off-site retreat. She stated that these meetings were a standing fixture of the APS leadership calendar and were typically held on a monthly basis
1. Early March 2023 (approximately the first week of March): Ngo stated she was not invit
1. Early March 2023 (approximately the first week of March): Ngo stated she was not invited to a talent-relations strategy meeting and only learned it had taken place when a colleague mentioned it in passing several days later.
2. Mid-to-late March 2023 (approximately the third or fourth week of March): Ngo stated s
2. Mid-to-late March 2023 (approximately the third or fourth week of March): Ngo stated she became aware of a second meeting from which she had been excluded after noticing a reference to decisions made at the meeting in an email chain to which she had been copied.
3. April 2023 (prior to her formal complaint on April 24, 2023): Ngo stated she was exclu
3. April 2023 (prior to her formal complaint on April 24, 2023): Ngo stated she was excluded from a third meeting, which she learned about through a colleague who attended and who expressed surprise at Ngo's absence. Ngo stated that she was not informed of any of the three meetings in advance—she received no calendar invitations, no email notifications, and no verbal communication indicating that the meetings were be
VI. Ngo's Knowledge of Other Complaints or Incidents Medium
⚑ Assignment / subcontracting
VI. Ngo's Knowledge of Other Complaints or Incidents A. Awareness of Jenna Morales's Complaint Ngo stated that she became aware in late April 2023 that Jenna Morales, another APS employee, had filed a complaint regarding Marcus Hale's conduct. Ngo stated she learned of the existence of Morales's complaint through informal channels—specifically, through a conversation with a colleague whose identity she did not disclo
VII. Prior Interactions with HR
VII. Prior Interactions with HR Ngo stated that she had no prior interactions with Human Resources at APS regarding any complaints about any supervisor, co-worker, or other employee, including Marcus Hale, at any time before her April 24, 2023 complaint. She confirmed that the complaint submitted to Victor Gallegos on that date was the first and only formal complaint she had ever filed during her employment at APS. N
VIII. Documents and Evidence Referenced by Ngo
VIII. Documents and Evidence Referenced by Ngo During the course of the interview, Ngo referenced or identified the following categories of documents and evidence that she believes may be relevant to the investigation:
1. Written Complaint (April 24, 2023): Ngo's formal written complaint submitted to Victor
1. Written Complaint (April 24, 2023): Ngo's formal written complaint submitted to Victor Gallegos, VP of Human Resources at APS, on April 24, 2023. Ngo stated the complaint described both the off-site retreat incidents and the subsequent meeting exclusions in narrative form. A copy of this complaint has been obtained and is part of the investigation file.
2. Text Messages (February 17, 2023): Ngo stated she may have sent one or more text messa
2. Text Messages (February 17, 2023): Ngo stated she may have sent one or more text messages on the evening of February 17, 2023, to Priya Chandrasekaran and/or a personal friend, describing the interaction with Hale at the Monarch Valley Resort. Ngo has not yet reviewed her personal phone to confirm the existence or content of these messages but has expressed willingness to provide access to her personal device for
3. Calendar Entries and Meeting Invitations (March–April 2023): Ngo referenced her corpor
3. Calendar Entries and Meeting Invitations (March–April 2023): Ngo referenced her corporate calendar and the absence of meeting invitations for the three talent-relations strategy meetings from which she was excluded in March and April 2023. She stated that a comparison of her calendar entries before and after the February 2023 off-site retreat should demonstrate a clear pattern of exclusion.
4. Company Email and Brightmoor Data Systems: Ngo stated that she would cooperate fully w
4. Company Email and Brightmoor Data Systems: Ngo stated that she would cooperate fully with any requests from Linden Forensics Group Inc. or Calderwood & Harkness LLP for access to her company email and Brightmoor Data Systems. She confirmed her understanding that her custodial data was among the nine custodians whose data was collected by Linden Forensics during the preservation and collection process conducted on
IX. Ngo's Current Employment Status and Concerns
IX. Ngo's Current Employment Status and Concerns Ngo confirmed that she remains employed at Aurelius Pacific Studios Inc. in her position as Senior Director of Talent Relations as of the date of this interview. She stated that she continues to perform her regular duties and has not experienced any additional adverse changes to her job responsibilities, compensation, or reporting structure since filing her complaint o
X. Interviewer Observations
X. Interviewer Observations Ngo was composed, forthcoming, and cooperative throughout the approximately two-hour interview. She answered questions directly and without hesitation, and she volunteered contextual information where she believed it would be helpful to the investigation. Her account was detailed and internally consistent. When asked to revisit or clarify specific aspects of her narrative, her responses we
XI. Follow-Up Items
XI. Follow-Up Items Based on the substance of the interview, the following follow-up actions have been identified:
1. Personal Device Review: Obtain and review any text messages from Ngo's personal device
1. Personal Device Review: Obtain and review any text messages from Ngo's personal device from the evening of February 17, 2023, that may describe or reference the interaction with Marcus Hale at the Monarch Valley Resort. Coordinate with Ngo to arrange access to her personal phone, either through a voluntary production or through imaging by Linden Forensics Group Inc., as appropriate.
2. Corroborating Witness Interviews: Cross-reference Ngo's account of the off-site retrea
2. Corroborating Witness Interviews: Cross-reference Ngo's account of the off-site retreat with the two corroborating witnesses she identified—Priya Chandrasekaran and the individual she believes was in proximity during the interaction with Hale. Schedule interviews with these witnesses if they are not already on the witness interview schedule.
3. Calendar and Meeting Invitation Review: Review corporate calendar data and meeting inv
3. Calendar and Meeting Invitation Review: Review corporate calendar data and meeting invitations for the three talent-relations strategy meetings held in March and April 2023 to confirm that Ngo was not invited and to identify the individuals who were included on the revised invite lists. Compare the attendee lists for these three meetings with those for prior meetings to determine whether any pattern of exclusion i
4. Supervisor Communications Review: Review Meridian Solutions messages and email communi
4. Supervisor Communications Review: Review Meridian Solutions messages and email communications between Ngo and Daniel Okafor (SVP of Talent and Creative Affairs) regarding the meeting exclusions, including any communications in which Ngo raised the issue and Okafor provided the "streamlined" explanation.
5. Linden Forensics Data Comparison: Compare Ngo's account with documentary evidence reco
5. Linden Forensics Data Comparison: Compare Ngo's account with documentary evidence recovered through the Linden Forensics Group Inc. custodial data collection conducted on May 10–12, 2023. Particular attention should be given to email and Brightmoor Data Systems from the period of February 17, 2023, through April 24, 2023, involving Ngo, Hale, Okafor, and Chandrasekaran.
6. Additional Witness Scheduling: Confirm that Priya Chandrasekaran and any other witness
6. Additional Witness Scheduling: Confirm that Priya Chandrasekaran and any other witnesses identified by Ngo are included on the master witness interview schedule. Prioritize scheduling to ensure corroborating accounts are obtained before the investigation's interim reporting deadline.
XII. Preparer Certification Medium
⚑ Confidentiality undertaking
XII. Preparer Certification This memorandum was prepared based on the undersigned counsel's contemporaneous notes taken during the interview and reflects a good-faith summary of the substance of the interview. It is not a verbatim transcript. This memorandum is privileged and confidential and has been prepared at the direction of counsel in furtherance of the provision of legal advice to Aurelius Global Media Group P