interview-memo-claire-ngo.docx

1017-00005 · Aurelius Global Media Group · Witness Interviews

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PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT PRIVILEGE / ATTORNEY WORK PRODUCT PREPARED AT THE DIRECTION OF COUNSEL — DO NOT DISTRIBUTE

PRIVILEGED INTERVIEW MEMORANDUM

To: Privileged Investigation File — Aurelius Global Media Group PLC

From: Devon Archer and Nadia Petrov, Calderwood & Harkness LLP

Date: May 25, 2023

Re: Privileged Interview Memorandum — Claire Ngo, Senior Director of Talent Relations, Aurelius Pacific Studios Inc.

Matter No.: 1017-00005

Interview Date: May 25, 2023

Interview Location: Calderwood & Harkness LLP, Los Angeles Office, 1999 Avenue of the Stars, Suite 2800, Los Angeles, CA 90067

Interviewers: Devon Archer (Lead Associate) and Nadia Petrov (Associate), Calderwood & Harkness LLP

Witness Counsel Present: None

Duration: Approximately 2 hours (10:00 a.m. – 12:05 p.m. PDT)

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 Calderwood & Harkness LLP was retained to investigate allegations of sexual harassment, retaliation, and hostile work environment directed against Marcus Hale, President of Aurelius Pacific Studios Inc. ("APS"), a wholly owned subsidiary of AGMG.

Claire Ngo ("Ngo") is one of three complainants who have submitted complaints in connection with Mr. Hale's conduct. Ngo submitted a corroborating complaint to Victor Gallegos, Vice President of Human Resources at APS, on April 24, 2023. Her complaint describes both specific incidents of alleged sexual harassment and a pattern of alleged retaliatory exclusion from key business meetings following the incidents.

The purpose of this interview was to (a) obtain Ngo's detailed, firsthand account of the allegations set forth in her complaint; (b) identify corroborating witnesses and documentary evidence that may substantiate or contextualize her account; (c) explore relevant background information, including Ngo's employment history, her relationship with Hale prior to the alleged incidents, and her knowledge of other complaints or similar conduct; and (d) assess any additional follow-up steps necessary to advance the investigation.

This memorandum reflects counsel's summary of the substance of the interview and is not intended to be a verbatim transcript. It has been prepared at the direction of counsel in furtherance of legal advice and is protected by the attorney-client privilege and the work-product doctrine.

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 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 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 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 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, 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 was participating in the interview voluntarily. She stated she was willing to proceed and expressed her desire to cooperate fully with the investigation.

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 her role as encompassing the management of relationships with on-screen and creative talent across APS film and streaming productions. She explained that her responsibilities include coordinating talent strategy across multiple active productions, managing negotiations and relationship dynamics with talent representatives, liaising with casting departments, and serving as a strategic advisor on talent pipeline issues for upcoming projects in both theatrical and direct-to-streaming distribution channels.

Ngo stated that she reports directly to Daniel Okafor, Senior Vice President of Talent and Creative Affairs at APS. She noted that while her day-to-day reporting relationship is with Okafor, there is an indirect reporting line that flows up through Okafor to Marcus Hale in Hale's capacity as President of APS. Ngo stated that Hale, as President, has ultimate authority over all studio operations, including talent relations and creative strategy.

Ngo described her role as requiring frequent interaction with senior leadership across the studio. She stated that she participates regularly in talent-relations strategy meetings, which are typically held on a monthly basis and involve SVP-level attendees, select directors, and Hale himself. These meetings serve as a forum for discussing the studio's talent acquisition pipeline, casting strategy for upcoming productions, and relationship-management issues with high-profile talent. Ngo stated that her participation in these meetings was a significant component of her role and her visibility within the organization.

Prior to joining APS, Ngo stated that she worked for approximately four years at a talent management firm in Los Angeles, where she managed client relationships and coordinated with studio and network counterparts. She stated she was recruited to APS by a search firm in early 2021 and began her employment in June of that year.

B. Relationship with Marcus Hale Prior to Alleged Incidents

Ngo stated that prior to the alleged incidents described herein, her relationship with Marcus Hale was professional but limited in scope. She described her direct interactions with Hale as occurring primarily in group settings, including the monthly talent-relations strategy meetings, quarterly all-hands presentations for APS senior leadership, and occasional company events such as premiere screenings and corporate social functions.

Ngo stated that Hale was generally cordial in these group interactions, but she described him as "intense" and "focused on image." She elaborated that Hale appeared very conscious of how the studio and its leadership were perceived externally, and that he could be demanding in meetings when he felt the studio's talent relationships were not being managed to his satisfaction. She characterized his management style as top-down, noting that he tended to direct conversation in meetings rather than inviting open discussion.

Ngo stated unequivocally that she had no prior personal or social relationship with Hale outside of the professional context. She stated they had never socialized privately, had never communicated outside of work channels except for occasional group text messages regarding work logistics, and had never had a one-on-one meeting outside of a business setting. She described their prior interactions as unremarkable and stated that nothing in their professional history before February 2023 had given her cause for concern.

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, 2023. The retreat was organized by APS's operations team and was billed as a strategic planning session for the studio's senior leadership to align on priorities for the remainder of the fiscal year and the upcoming development cycle.

Ngo estimated that approximately 30 senior leaders from APS attended the retreat, including SVPs and directors across multiple departments such as development, production, marketing, distribution, business affairs, and talent relations. She stated that Marcus Hale was present for the entirety of the retreat and played a prominent role in leading various strategy sessions.

The retreat included structured strategy sessions during the day on both February 17 and February 18. On the evening of February 17, 2023, a group dinner was held at the resort's main dining venue for all attendees. Ngo stated that alcohol was served at the dinner and that the atmosphere became progressively more informal as the evening continued. She described the setting as a seated dinner with open seating, followed by more casual socializing in a lounge area adjacent to the dining room.

Ngo attended the retreat in her capacity as Senior Director of Talent Relations and stated that she had participated in presentations during the daytime sessions alongside her supervisor, Daniel Okafor.

B. Sexually Suggestive Comments Regarding Attire

Ngo provided the following account of the first alleged incident. She stated that on the evening of February 17, 2023, during or just prior to the commencement of the group dinner at the Monarch Valley Resort, Marcus Hale approached her as she was standing near the entrance to the dining area. Ngo recalled that she was speaking with one or two colleagues at the time, though she could not recall with certainty whether those colleagues remained present for the entirety of the interaction with Hale.

Ngo stated that Hale greeted her and then made comments about her attire that she described as sexually suggestive. She recalled that Hale looked her up and down and made a remark to the effect of, "You should dress like that more often—it suits you," followed by a comment she described as going beyond a professional compliment, with specific language suggesting physical appreciation. Ngo stated that the tone of the remarks was not casual or offhand but deliberate and appraising. She recalled feeling that Hale's gaze lingered in a manner that made the interaction unmistakably personal rather than professional.

Ngo stated that these comments were made within earshot of at least one or two other attendees who were in the immediate vicinity. She was not certain whether those individuals heard the full exchange or only portions of it, but she stated that the interaction was not conducted in a whisper or in a private setting. It occurred in a semi-public area near the entrance to the dinner.

Ngo described her immediate reaction as one of discomfort and surprise. She stated she felt caught off guard because, while she knew Hale could be socially forward, she had never experienced him directing comments of that nature toward her. She stated she attempted to redirect the conversation by thanking him briefly and pivoting to a question about the next day's session agenda.

C. Personal Question — "Are You Seeing Anyone?"

Ngo stated that during the same interaction, or in an exchange that occurred moments later while she and Hale were still in close proximity near the dinner entrance, Hale asked her directly whether she was "seeing anyone." Ngo recalled his exact words as, "So, Claire, are you seeing anyone these days?" delivered in what she described as a casual but pointed tone.

Ngo characterized this question as inappropriate given the professional context of the off-site retreat and the significant power differential between herself—a Senior Director—and Hale, who serves as the President of the entire studio division and is, in practical terms, the most senior executive at APS. Ngo stated that the question, taken together with the comments about her attire, conveyed an unmistakable personal interest that she found both unwelcome and unsettling.

Ngo stated that she gave a brief, non-committal response—something to the effect of, "I'm keeping busy"—and then excused herself from the conversation. She stated she moved to join a group of colleagues at a nearby table and made a deliberate effort to avoid further one-on-one interaction with Hale for the remainder of the evening.

D. Ngo's Immediate Reaction and Disclosure to a Colleague

Ngo stated that after extricating herself from the interaction with Hale, she confided in a colleague at the retreat about what had occurred. Ngo identified the colleague as Priya Chandrasekaran, a Director of Business Affairs at APS, with whom Ngo has a close professional relationship. Ngo stated that she approached Chandrasekaran later that evening, during the post-dinner socializing period, and described the substance of Hale's comments, including both the remarks about her attire and the personal question about her relationship status.

Ngo stated that Chandrasekaran was sympathetic and responded with words to the effect of, "That's not surprising," or "That sounds like him," suggesting an awareness—whether direct or through secondhand accounts—of similar conduct by Hale toward other female employees. Ngo stated that Chandrasekaran did not elaborate on the basis for her comment at that time, and Ngo did not press her for details.

Ngo stated that she did not file a formal complaint following the off-site retreat. She explained that she was uncertain at the time whether Hale's comments, while uncomfortable and inappropriate, rose to the level of a reportable violation under the company's policies. She also candidly acknowledged that she was concerned about potential repercussions given Hale's position as President of the studio. Ngo stated she feared that filing a complaint could be career-ending, particularly if the complaint was not substantiated or if it was perceived as an overreaction. She described a general awareness of the power dynamics within APS and a concern that Hale's stature within the organization would insulate him from accountability.

E. Corroborating Evidence

Ngo identified two individuals who she believes may be able to corroborate aspects of her account of the off-site retreat incidents. First, she identified Priya Chandrasekaran, the colleague to whom she disclosed the incident on the evening of February 17, 2023, as described above. Second, she identified an individual who she believes was standing nearby during the interaction with Hale and may have overheard some or all of his comments. These two witnesses are consistent with the corroborating witnesses previously identified during the investigation in connection with Ngo's allegations.

In addition, Ngo stated that she may have sent a text message to Chandrasekaran or to a personal friend shortly after the incident on the evening of February 17, 2023, describing what had occurred. She stated that she has not yet reviewed her personal phone to confirm the existence or content of such messages, but she offered to provide access to her personal device for verification purposes if the investigation team deems it necessary. She expressed her willingness to cooperate fully in this regard.

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 at APS headquarters in Burbank. The meetings served as a forum for senior leadership to discuss the studio's talent pipeline, casting strategy for upcoming productions, and relationship-management issues involving key creative and on-screen talent.

Ngo stated that attendees at these meetings typically included Marcus Hale (in his capacity as President), several SVPs including Daniel Okafor (SVP of Talent and Creative Affairs), representatives from production, development, and business affairs, and select directors—including Ngo herself. Ngo's role at these meetings was to present on talent pipeline updates, provide briefings on the status of key talent relationships, and offer strategic recommendations regarding casting and talent engagement for current and upcoming projects.

Ngo stated that she had attended every such meeting since she joined APS in June 2021. She described these meetings as integral to her role and as one of the primary forums through which she contributed to the studio's strategic direction. She emphasized that her participation was not discretionary or rotational; she understood it to be a standing expectation of her position.

B. Exclusion from Three Meetings

Ngo stated that beginning in March 2023—approximately two to three weeks after the Monarch Valley Resort off-site retreat—she was excluded from three key talent-relations strategy meetings. She identified the approximate timing of the three meetings as follows:

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 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 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 being scheduled. She stated this was a stark departure from prior practice, as she had consistently received calendar invitations for these meetings throughout her tenure at APS.

When Ngo inquired about her exclusion from the meetings, she stated she raised the issue with her direct supervisor, Daniel Okafor. She recalled that Okafor told her the invite list had been "streamlined" as part of an effort to keep the meetings more focused. Ngo stated that Okafor did not provide any further detail or explanation, and she sensed that he was uncomfortable discussing the matter. She stated she did not receive any written communication explaining the change.

C. Ngo's Belief Regarding Retaliatory Motive

Ngo stated that she believes her exclusion from the three talent-relations strategy meetings was directly connected to Marcus Hale learning—either directly or through intermediaries—that she had confided in Priya Chandrasekaran about his conduct at the Monarch Valley Resort off-site retreat.

Ngo expressed the belief that word reached Hale that she had described his comments as inappropriate. She stated she does not know the precise channel through which Hale may have learned of her disclosure, but she speculated that either Chandrasekaran mentioned it to another colleague who relayed it to Hale, or that one of the individuals who may have overheard the original interaction informed Hale that Ngo had discussed it unfavorably. Ngo was careful to note that she does not blame Chandrasekaran and does not have direct evidence of how the information may have traveled.

Ngo stated that she could identify no other legitimate reason for her sudden exclusion from meetings that she had attended without interruption for approximately 20 months. She stated that no other changes were made to her job title, job responsibilities, compensation, or reporting structure during this period. She emphasized, however, that the exclusion from these meetings effectively marginalized her from the key talent strategy decisions being made at the highest levels of APS, reduced her visibility among senior leadership, and created a perception among colleagues that she was being sidelined or was no longer trusted with strategic responsibilities.

D. Impact on Ngo

Ngo described the impact of the meeting exclusions in both professional and personal terms. Professionally, she stated that the exclusion undermined her ability to perform the core functions of her role. She noted that the talent-relations strategy meetings were the primary venue through which she contributed to the studio's talent acquisition and management strategy, and that her absence from those meetings meant she was operating without full information about leadership priorities and decisions.

Ngo also stated that the exclusion sent an unmistakable signal to her colleagues. She described noticing that certain colleagues appeared to distance themselves from her during this period, and that she received fewer ad hoc invitations to cross-functional discussions. She stated she felt increasingly isolated within the organization.

On a personal level, Ngo described the experience as distressing and demoralizing. She stated she experienced heightened anxiety and difficulty sleeping during the weeks following her exclusion. She considered whether she should resign but ultimately decided to remain and pursue a formal complaint.

Ngo stated that the experience of being excluded from the meetings, combined with her growing sense that she was being retaliated against, motivated her to file her formal complaint with Victor Gallegos on April 24, 2023. She stated that learning of the existence of Jenna Morales's complaint—which she became aware of in late April 2023—further reinforced her decision to come forward.

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 disclose during the interview—and that she did not know the specific details or substance of Morales's allegations at the time she decided to file her own complaint.

Ngo stated that learning of Morales's complaint gave her confidence that she was not alone in her experience and that a formal complaint process was already underway. She described this knowledge as a significant factor in her decision to come forward with her own account. Ngo's complaint was submitted to Victor Gallegos, VP of Human Resources at APS, on April 24, 2023.

B. General Awareness of Hale's Conduct

Beyond her own experience and her awareness of Morales's complaint, Ngo stated that she had heard informal or anecdotal accounts from colleagues suggesting that Marcus Hale had engaged in similar behavior with other female employees at APS. She described these accounts as general and secondhand, and she stated she could not confirm the specific details of any of the incidents described to her.

Ngo specifically mentioned having heard that a former executive assistant—whose description and circumstances are consistent with Serena Whitcomb, a former Executive Assistant to the President at APS—had left the company under circumstances that some colleagues attributed to issues with Hale. Ngo stated she did not know Whitcomb personally and had no firsthand knowledge of the circumstances of Whitcomb's departure. She described this information as workplace rumor or speculation that she had encountered through casual conversations with colleagues.

C. No Awareness of Whitfield Retaliation

Ngo stated that she was not directly aware of the concerns raised by Darren Whitfield regarding potential retaliation, reassignment of projects, or any other adverse employment actions that Whitfield may have experienced. Ngo stated that she knows Whitfield in a professional capacity—she described him as a colleague she has interacted with periodically in cross-functional settings—but that she had no knowledge of any complaints or concerns he may have raised in connection with Hale or the investigation.

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.

Ngo stated that she was generally aware of the APS Employee Handbook (California Supplement) and its provisions regarding anti-harassment policies, which she identified as being located in Section 5.3 of the handbook. She stated she was also generally aware of the complaint procedures set forth in Section 8.1. However, she stated she had not previously had occasion to invoke those policies or procedures and had not studied them in detail prior to deciding to file her complaint.

Ngo stated that she was additionally aware of the existence of the AGMG Ethics & Compliance Hotline, which she understood to be operated by an external third-party provider, Meridian Compliance Solutions LLC. She stated that she considered using the hotline but ultimately chose to report directly to Victor Gallegos because she preferred to make her complaint in person and to ensure it was received by a specific individual within the APS HR function. She stated she had no concerns about the hotline itself but felt that a direct, face-to-face report would be more effective and would allow her to convey the nuance and context of her experience.

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 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 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 verification purposes.

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 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 May 10–12, 2023. She stated she had not deleted or altered any potentially relevant communications and had complied with the litigation hold notice issued in connection with the investigation.

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 on April 24, 2023.

Ngo stated that she was aware Marcus Hale had been placed on paid administrative leave effective May 3, 2023, and that she had not had any direct or indirect contact with Hale since that date. She stated that Hale's absence from the workplace has provided some measure of relief but has not fully alleviated her concerns.

Specifically, Ngo expressed concern about potential retaliation in the event that Hale returns to his position as President of APS following the conclusion of the investigation. She stated she is worried both about direct retaliation from Hale—such as further exclusion from meetings, negative performance evaluations, or other adverse actions—and about indirect retaliation from individuals within APS who are aligned with Hale or who may view Ngo's complaint as disloyal. Ngo stated she is aware that Hale has allies in senior leadership positions and that she fears her willingness to participate in the investigation could have lasting consequences for her career at APS.

Ngo stated that she hopes the investigation will result in meaningful corrective action that addresses both the conduct alleged in the complaints and the organizational culture that she believes enabled such conduct. She expressed gratitude for the opportunity to be heard and reiterated her commitment to cooperating fully with the investigation going forward.

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 were consistent with her earlier statements. She did not contradict herself or offer materially different versions of events at any point during the interview.

Notably, Ngo demonstrated a careful and credible approach to distinguishing between matters she observed firsthand and matters she learned secondarily or through hearsay. For example, she was clear that her knowledge of Serena Whitcomb's departure was based entirely on workplace rumor, and she did not attempt to characterize it as established fact. Similarly, she was forthright about the limitations of her knowledge regarding Jenna Morales's complaint, stating that she knew of its existence but not its substance.

Ngo did not appear to exaggerate or embellish her account. Her descriptions of the off-site retreat incidents were specific and measured, and she acknowledged uncertainty where it existed—for example, regarding whether nearby colleagues had overheard Hale's full remarks or only portions. She also candidly acknowledged her own initial reluctance to file a formal complaint and the role that fear of professional consequences played in her delay.

These demeanor observations are noted for purposes of the credibility assessment and will be further analyzed in the Credibility Assessment Memorandum to be prepared in connection with this investigation.

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 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 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 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 is evident.

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 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 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

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 PLC.

Prepared by:

________________________________________

Devon Archer Lead Associate Calderwood & Harkness LLP

Date: May 25, 2023

________________________________________

Nadia Petrov Associate Calderwood & Harkness LLP

Date: May 25, 2023

Matter No.: 1017-00005

PRIVILEGED AND CONFIDENTIAL — ATTORNEY-CLIENT PRIVILEGE / ATTORNEY WORK PRODUCT PREPARED AT THE DIRECTION OF COUNSEL FOR AURELIUS GLOBAL MEDIA GROUP PLC DO NOT DISTRIBUTE WITHOUT PRIOR AUTHORIZATION OF COUNSEL

PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT PRIVILEGE / ATTORNEY WORK PRODUCT PREPARED AT THE DIRECTION OF COUNSEL — DO NOT DISTRIBUTE
PRIVILEGED INTERVIEW MEMORANDUM
To: Privileged Investigation File — Aurelius Global Media Group PLC
From: Devon Archer and Nadia Petrov, Calderwood & Harkness LLP
Date: May 25, 2023
Re: Privileged Interview Memorandum — Claire Ngo, Senior Director of Talent Relations, Aurelius Pacific Studios Inc.
Matter No.: 1017-00005
Interview Date: May 25, 2023
Interview Location: Calderwood & Harkness LLP, Los Angeles Office, 1999 Avenue of the Stars, Suite 2800, Los Angeles, CA 90067
Interviewers: Devon Archer (Lead Associate) and Nadia Petrov (Associate), Calderwood & Harkness LLP
Witness Counsel Present: None
Duration: Approximately 2 hours (10:00 a.m. – 12:05 p.m. PDT)
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 Calderwood & Harkness LLP was retained to investigate allegations of sexual harassment, retaliation, and hostile work environment directed against Marcus Hale, President of Aurelius Pacific Studios Inc. ("APS"), a wholly owned subsidiary of AGMG.
Claire Ngo ("Ngo") is one of three complainants who have submitted complaints in connection with Mr. Hale's conduct. Ngo submitted a corroborating complaint to Victor Gallegos, Vice President of Human Resources at APS, on April 24, 2023. Her complaint describes both specific incidents of alleged sexual harassment and a pattern of alleged retaliatory exclusion from key business meetings following the incidents.
The purpose of this interview was to (a) obtain Ngo's detailed, firsthand account of the allegations set forth in her complaint; (b) identify corroborating witnesses and documentary evidence that may substantiate or contextualize her account; (c) explore relevant background information, including Ngo's employment history, her relationship with Hale prior to the alleged incidents, and her knowledge of other complaints or similar conduct; and (d) assess any additional follow-up steps necessary to advance the investigation.
This memorandum reflects counsel's summary of the substance of the interview and is not intended to be a verbatim transcript. It has been prepared at the direction of counsel in furtherance of legal advice and is protected by the attorney-client privilege and the work-product doctrine.
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 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 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 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 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, 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 was participating in the interview voluntarily. She stated she was willing to proceed and expressed her desire to cooperate fully with the investigation.
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 her role as encompassing the management of relationships with on-screen and creative talent across APS film and streaming productions. She explained that her responsibilities include coordinating talent strategy across multiple active productions, managing negotiations and relationship dynamics with talent representatives, liaising with casting departments, and serving as a strategic advisor on talent pipeline issues for upcoming projects in both theatrical and direct-to-streaming distribution channels.
Ngo stated that she reports directly to Daniel Okafor, Senior Vice President of Talent and Creative Affairs at APS. She noted that while her day-to-day reporting relationship is with Okafor, there is an indirect reporting line that flows up through Okafor to Marcus Hale in Hale's capacity as President of APS. Ngo stated that Hale, as President, has ultimate authority over all studio operations, including talent relations and creative strategy.
Ngo described her role as requiring frequent interaction with senior leadership across the studio. She stated that she participates regularly in talent-relations strategy meetings, which are typically held on a monthly basis and involve SVP-level attendees, select directors, and Hale himself. These meetings serve as a forum for discussing the studio's talent acquisition pipeline, casting strategy for upcoming productions, and relationship-management issues with high-profile talent. Ngo stated that her participation in these meetings was a significant component of her role and her visibility within the organization.
Prior to joining APS, Ngo stated that she worked for approximately four years at a talent management firm in Los Angeles, where she managed client relationships and coordinated with studio and network counterparts. She stated she was recruited to APS by a search firm in early 2021 and began her employment in June of that year.
B. Relationship with Marcus Hale Prior to Alleged Incidents
Ngo stated that prior to the alleged incidents described herein, her relationship with Marcus Hale was professional but limited in scope. She described her direct interactions with Hale as occurring primarily in group settings, including the monthly talent-relations strategy meetings, quarterly all-hands presentations for APS senior leadership, and occasional company events such as premiere screenings and corporate social functions.
Ngo stated that Hale was generally cordial in these group interactions, but she described him as "intense" and "focused on image." She elaborated that Hale appeared very conscious of how the studio and its leadership were perceived externally, and that he could be demanding in meetings when he felt the studio's talent relationships were not being managed to his satisfaction. She characterized his management style as top-down, noting that he tended to direct conversation in meetings rather than inviting open discussion.
Ngo stated unequivocally that she had no prior personal or social relationship with Hale outside of the professional context. She stated they had never socialized privately, had never communicated outside of work channels except for occasional group text messages regarding work logistics, and had never had a one-on-one meeting outside of a business setting. She described their prior interactions as unremarkable and stated that nothing in their professional history before February 2023 had given her cause for concern.
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, 2023. The retreat was organized by APS's operations team and was billed as a strategic planning session for the studio's senior leadership to align on priorities for the remainder of the fiscal year and the upcoming development cycle.
Ngo estimated that approximately 30 senior leaders from APS attended the retreat, including SVPs and directors across multiple departments such as development, production, marketing, distribution, business affairs, and talent relations. She stated that Marcus Hale was present for the entirety of the retreat and played a prominent role in leading various strategy sessions.
The retreat included structured strategy sessions during the day on both February 17 and February 18. On the evening of February 17, 2023, a group dinner was held at the resort's main dining venue for all attendees. Ngo stated that alcohol was served at the dinner and that the atmosphere became progressively more informal as the evening continued. She described the setting as a seated dinner with open seating, followed by more casual socializing in a lounge area adjacent to the dining room.
Ngo attended the retreat in her capacity as Senior Director of Talent Relations and stated that she had participated in presentations during the daytime sessions alongside her supervisor, Daniel Okafor.
B. Sexually Suggestive Comments Regarding Attire
Ngo provided the following account of the first alleged incident. She stated that on the evening of February 17, 2023, during or just prior to the commencement of the group dinner at the Monarch Valley Resort, Marcus Hale approached her as she was standing near the entrance to the dining area. Ngo recalled that she was speaking with one or two colleagues at the time, though she could not recall with certainty whether those colleagues remained present for the entirety of the interaction with Hale.
Ngo stated that Hale greeted her and then made comments about her attire that she described as sexually suggestive. She recalled that Hale looked her up and down and made a remark to the effect of, "You should dress like that more often—it suits you," followed by a comment she described as going beyond a professional compliment, with specific language suggesting physical appreciation. Ngo stated that the tone of the remarks was not casual or offhand but deliberate and appraising. She recalled feeling that Hale's gaze lingered in a manner that made the interaction unmistakably personal rather than professional.
Ngo stated that these comments were made within earshot of at least one or two other attendees who were in the immediate vicinity. She was not certain whether those individuals heard the full exchange or only portions of it, but she stated that the interaction was not conducted in a whisper or in a private setting. It occurred in a semi-public area near the entrance to the dinner.
Ngo described her immediate reaction as one of discomfort and surprise. She stated she felt caught off guard because, while she knew Hale could be socially forward, she had never experienced him directing comments of that nature toward her. She stated she attempted to redirect the conversation by thanking him briefly and pivoting to a question about the next day's session agenda.
C. Personal Question — "Are You Seeing Anyone?"
Ngo stated that during the same interaction, or in an exchange that occurred moments later while she and Hale were still in close proximity near the dinner entrance, Hale asked her directly whether she was "seeing anyone." Ngo recalled his exact words as, "So, Claire, are you seeing anyone these days?" delivered in what she described as a casual but pointed tone.
Ngo characterized this question as inappropriate given the professional context of the off-site retreat and the significant power differential between herself—a Senior Director—and Hale, who serves as the President of the entire studio division and is, in practical terms, the most senior executive at APS. Ngo stated that the question, taken together with the comments about her attire, conveyed an unmistakable personal interest that she found both unwelcome and unsettling.
Ngo stated that she gave a brief, non-committal response—something to the effect of, "I'm keeping busy"—and then excused herself from the conversation. She stated she moved to join a group of colleagues at a nearby table and made a deliberate effort to avoid further one-on-one interaction with Hale for the remainder of the evening.
D. Ngo's Immediate Reaction and Disclosure to a Colleague
Ngo stated that after extricating herself from the interaction with Hale, she confided in a colleague at the retreat about what had occurred. Ngo identified the colleague as Priya Chandrasekaran, a Director of Business Affairs at APS, with whom Ngo has a close professional relationship. Ngo stated that she approached Chandrasekaran later that evening, during the post-dinner socializing period, and described the substance of Hale's comments, including both the remarks about her attire and the personal question about her relationship status.
Ngo stated that Chandrasekaran was sympathetic and responded with words to the effect of, "That's not surprising," or "That sounds like him," suggesting an awareness—whether direct or through secondhand accounts—of similar conduct by Hale toward other female employees. Ngo stated that Chandrasekaran did not elaborate on the basis for her comment at that time, and Ngo did not press her for details.
Ngo stated that she did not file a formal complaint following the off-site retreat. She explained that she was uncertain at the time whether Hale's comments, while uncomfortable and inappropriate, rose to the level of a reportable violation under the company's policies. She also candidly acknowledged that she was concerned about potential repercussions given Hale's position as President of the studio. Ngo stated she feared that filing a complaint could be career-ending, particularly if the complaint was not substantiated or if it was perceived as an overreaction. She described a general awareness of the power dynamics within APS and a concern that Hale's stature within the organization would insulate him from accountability.
E. Corroborating Evidence
Ngo identified two individuals who she believes may be able to corroborate aspects of her account of the off-site retreat incidents. First, she identified Priya Chandrasekaran, the colleague to whom she disclosed the incident on the evening of February 17, 2023, as described above. Second, she identified an individual who she believes was standing nearby during the interaction with Hale and may have overheard some or all of his comments. These two witnesses are consistent with the corroborating witnesses previously identified during the investigation in connection with Ngo's allegations.
In addition, Ngo stated that she may have sent a text message to Chandrasekaran or to a personal friend shortly after the incident on the evening of February 17, 2023, describing what had occurred. She stated that she has not yet reviewed her personal phone to confirm the existence or content of such messages, but she offered to provide access to her personal device for verification purposes if the investigation team deems it necessary. She expressed her willingness to cooperate fully in this regard.
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 at APS headquarters in Burbank. The meetings served as a forum for senior leadership to discuss the studio's talent pipeline, casting strategy for upcoming productions, and relationship-management issues involving key creative and on-screen talent.
Ngo stated that attendees at these meetings typically included Marcus Hale (in his capacity as President), several SVPs including Daniel Okafor (SVP of Talent and Creative Affairs), representatives from production, development, and business affairs, and select directors—including Ngo herself. Ngo's role at these meetings was to present on talent pipeline updates, provide briefings on the status of key talent relationships, and offer strategic recommendations regarding casting and talent engagement for current and upcoming projects.
Ngo stated that she had attended every such meeting since she joined APS in June 2021. She described these meetings as integral to her role and as one of the primary forums through which she contributed to the studio's strategic direction. She emphasized that her participation was not discretionary or rotational; she understood it to be a standing expectation of her position.
B. Exclusion from Three Meetings
Ngo stated that beginning in March 2023—approximately two to three weeks after the Monarch Valley Resort off-site retreat—she was excluded from three key talent-relations strategy meetings. She identified the approximate timing of the three meetings as follows:
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 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 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 being scheduled. She stated this was a stark departure from prior practice, as she had consistently received calendar invitations for these meetings throughout her tenure at APS.
When Ngo inquired about her exclusion from the meetings, she stated she raised the issue with her direct supervisor, Daniel Okafor. She recalled that Okafor told her the invite list had been "streamlined" as part of an effort to keep the meetings more focused. Ngo stated that Okafor did not provide any further detail or explanation, and she sensed that he was uncomfortable discussing the matter. She stated she did not receive any written communication explaining the change.
C. Ngo's Belief Regarding Retaliatory Motive
Ngo stated that she believes her exclusion from the three talent-relations strategy meetings was directly connected to Marcus Hale learning—either directly or through intermediaries—that she had confided in Priya Chandrasekaran about his conduct at the Monarch Valley Resort off-site retreat.
Ngo expressed the belief that word reached Hale that she had described his comments as inappropriate. She stated she does not know the precise channel through which Hale may have learned of her disclosure, but she speculated that either Chandrasekaran mentioned it to another colleague who relayed it to Hale, or that one of the individuals who may have overheard the original interaction informed Hale that Ngo had discussed it unfavorably. Ngo was careful to note that she does not blame Chandrasekaran and does not have direct evidence of how the information may have traveled.
Ngo stated that she could identify no other legitimate reason for her sudden exclusion from meetings that she had attended without interruption for approximately 20 months. She stated that no other changes were made to her job title, job responsibilities, compensation, or reporting structure during this period. She emphasized, however, that the exclusion from these meetings effectively marginalized her from the key talent strategy decisions being made at the highest levels of APS, reduced her visibility among senior leadership, and created a perception among colleagues that she was being sidelined or was no longer trusted with strategic responsibilities.
D. Impact on Ngo
Ngo described the impact of the meeting exclusions in both professional and personal terms. Professionally, she stated that the exclusion undermined her ability to perform the core functions of her role. She noted that the talent-relations strategy meetings were the primary venue through which she contributed to the studio's talent acquisition and management strategy, and that her absence from those meetings meant she was operating without full information about leadership priorities and decisions.
Ngo also stated that the exclusion sent an unmistakable signal to her colleagues. She described noticing that certain colleagues appeared to distance themselves from her during this period, and that she received fewer ad hoc invitations to cross-functional discussions. She stated she felt increasingly isolated within the organization.
On a personal level, Ngo described the experience as distressing and demoralizing. She stated she experienced heightened anxiety and difficulty sleeping during the weeks following her exclusion. She considered whether she should resign but ultimately decided to remain and pursue a formal complaint.
Ngo stated that the experience of being excluded from the meetings, combined with her growing sense that she was being retaliated against, motivated her to file her formal complaint with Victor Gallegos on April 24, 2023. She stated that learning of the existence of Jenna Morales's complaint—which she became aware of in late April 2023—further reinforced her decision to come forward.
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 disclose during the interview—and that she did not know the specific details or substance of Morales's allegations at the time she decided to file her own complaint.
Ngo stated that learning of Morales's complaint gave her confidence that she was not alone in her experience and that a formal complaint process was already underway. She described this knowledge as a significant factor in her decision to come forward with her own account. Ngo's complaint was submitted to Victor Gallegos, VP of Human Resources at APS, on April 24, 2023.
B. General Awareness of Hale's Conduct
Beyond her own experience and her awareness of Morales's complaint, Ngo stated that she had heard informal or anecdotal accounts from colleagues suggesting that Marcus Hale had engaged in similar behavior with other female employees at APS. She described these accounts as general and secondhand, and she stated she could not confirm the specific details of any of the incidents described to her.
Ngo specifically mentioned having heard that a former executive assistant—whose description and circumstances are consistent with Serena Whitcomb, a former Executive Assistant to the President at APS—had left the company under circumstances that some colleagues attributed to issues with Hale. Ngo stated she did not know Whitcomb personally and had no firsthand knowledge of the circumstances of Whitcomb's departure. She described this information as workplace rumor or speculation that she had encountered through casual conversations with colleagues.
C. No Awareness of Whitfield Retaliation
Ngo stated that she was not directly aware of the concerns raised by Darren Whitfield regarding potential retaliation, reassignment of projects, or any other adverse employment actions that Whitfield may have experienced. Ngo stated that she knows Whitfield in a professional capacity—she described him as a colleague she has interacted with periodically in cross-functional settings—but that she had no knowledge of any complaints or concerns he may have raised in connection with Hale or the investigation.
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.
Ngo stated that she was generally aware of the APS Employee Handbook (California Supplement) and its provisions regarding anti-harassment policies, which she identified as being located in Section 5.3 of the handbook. She stated she was also generally aware of the complaint procedures set forth in Section 8.1. However, she stated she had not previously had occasion to invoke those policies or procedures and had not studied them in detail prior to deciding to file her complaint.
Ngo stated that she was additionally aware of the existence of the AGMG Ethics & Compliance Hotline, which she understood to be operated by an external third-party provider, Meridian Compliance Solutions LLC. She stated that she considered using the hotline but ultimately chose to report directly to Victor Gallegos because she preferred to make her complaint in person and to ensure it was received by a specific individual within the APS HR function. She stated she had no concerns about the hotline itself but felt that a direct, face-to-face report would be more effective and would allow her to convey the nuance and context of her experience.
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 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 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 verification purposes.
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 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 May 10–12, 2023. She stated she had not deleted or altered any potentially relevant communications and had complied with the litigation hold notice issued in connection with the investigation.
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 on April 24, 2023.
Ngo stated that she was aware Marcus Hale had been placed on paid administrative leave effective May 3, 2023, and that she had not had any direct or indirect contact with Hale since that date. She stated that Hale's absence from the workplace has provided some measure of relief but has not fully alleviated her concerns.
Specifically, Ngo expressed concern about potential retaliation in the event that Hale returns to his position as President of APS following the conclusion of the investigation. She stated she is worried both about direct retaliation from Hale—such as further exclusion from meetings, negative performance evaluations, or other adverse actions—and about indirect retaliation from individuals within APS who are aligned with Hale or who may view Ngo's complaint as disloyal. Ngo stated she is aware that Hale has allies in senior leadership positions and that she fears her willingness to participate in the investigation could have lasting consequences for her career at APS.
Ngo stated that she hopes the investigation will result in meaningful corrective action that addresses both the conduct alleged in the complaints and the organizational culture that she believes enabled such conduct. She expressed gratitude for the opportunity to be heard and reiterated her commitment to cooperating fully with the investigation going forward.
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 were consistent with her earlier statements. She did not contradict herself or offer materially different versions of events at any point during the interview.
Notably, Ngo demonstrated a careful and credible approach to distinguishing between matters she observed firsthand and matters she learned secondarily or through hearsay. For example, she was clear that her knowledge of Serena Whitcomb's departure was based entirely on workplace rumor, and she did not attempt to characterize it as established fact. Similarly, she was forthright about the limitations of her knowledge regarding Jenna Morales's complaint, stating that she knew of its existence but not its substance.
Ngo did not appear to exaggerate or embellish her account. Her descriptions of the off-site retreat incidents were specific and measured, and she acknowledged uncertainty where it existed—for example, regarding whether nearby colleagues had overheard Hale's full remarks or only portions. She also candidly acknowledged her own initial reluctance to file a formal complaint and the role that fear of professional consequences played in her delay.
These demeanor observations are noted for purposes of the credibility assessment and will be further analyzed in the Credibility Assessment Memorandum to be prepared in connection with this investigation.
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 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 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 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 is evident.
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 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 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
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 PLC.
Prepared by:
________________________________________
Devon Archer Lead Associate Calderwood & Harkness LLP
Date: May 25, 2023
________________________________________
Nadia Petrov Associate Calderwood & Harkness LLP
Date: May 25, 2023
Matter No.: 1017-00005
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