Case 0:17-cv-60426-UU Document 169 Entered on FLSD Docket 06/04/2018 Page 2 of 22 Defendant BuzzFeed, Inc. (“BuzzFeed”) is a Delaware corporation with offices in eighteen cities around the world, including New York. Id. ¶ 9, D.E. 38 ¶ 9. Defendant Ben Smith is BuzzFeed’s editor-in-chief, and he resides in Brooklyn, New York. Id. ¶ 10, D.E. 38 ¶ 10. II. The Facts On January 10, 2017, BuzzFeed published an online article entitled These Reports Allege Trump Has Deep Ties to Russia (the “Article”), which included a 35-page dossier (the “Dossier”). D.E. 1-3, ¶ 1; D.E. 38 ¶ 1; D.E. 1-2 p. 19–21. In the Article, BuzzFeed described the Dossier as a compilation of memoranda assembled “for political opponents of Trump by a person who is understood to be a former British Intelligence agent.” D.E. 1-2 p. 20. One memorandum, dated December 13, 2016, allegedly contains statements about Plaintiffs. As published by BuzzFeed, the pertinent portion of that memorandum appeared as follows: [Redacted…] reported that over the period March-September 2016 a company called [redacted] 1 and its affiliates had been using botnets and porn traffic to transmit viruses, plant bugs, steal data, and conduct “altering operations” against the Democratic Party leadership. Entities linked to one [redacted…] 2 were involved and he and another hacking expert, both recruited under duress by the FSB, [redacted] were significant players in this operation. In Prague, COHEN 3 agreed [sic] contingency plans for various scenarios to protect the operation, but in particular what was to be done in the event that Hillary CLINTON won the presidency. It was important in this event that all cash payments owed were made quickly and discreetly and that cyber and other operators were stood down/able to go effectively to ground to cover their traces. (We reported earlier that the involvement of political operatives Paul MANAFORT and Carter PAGE in the secret TRUMP-Kremlin liaison had been exposed in the media in the run-up to Prague and that damage limitation of these also was discussed by COHEN with the Kremlin representatives). Id. ¶ 26, D.E. 1-2 p. 19–21. The Article included the following disclaimers: 1 Plaintiffs allege that the name redacted here is XBT/Webzilla. D.E. 1-3 ¶ 26. Plaintiffs allege that the name redacted here is Aleksej Gubarev. D.E. 1-3 ¶ 26. 3 “COHEN” refers to Michal Cohen, then-candidate Donald Trump’s lawyer. D.E. 1-2, p. 18. 2 2