Case 0:17-cv-60426-UU Document 169 Entered on FLSD Docket 06/04/2018 Page 8 of 22 1. The Place Where The Injury Occurred Although Webzilla and XBT Holdings S.A., have offices in Florida, Plaintiffs’ injury allegations are not limited to this state. Mr. Gubarev, a resident of Cyprus, alleges that his personal and professional reputation has been damaged. D.E. 1 ¶ 5. XBT Holdings S.A., which does business “across the globe” claims it has lost clients, suffered damage to its reputation, and lost business relationships with at least one lender. Id. ¶¶ 7, 47. Additionally, there is “little reason in logic or persuasiveness to say that one state rather than another is the place of injury . . . in the case of multistate defamation.” Restatement (Second) of Conflicts of Laws § 145 cmt. 3 (1971). Here, the Dossier was published online and therefore was accessible anywhere in the world. See D.E. 1 ¶ 23. Accordingly, this factor weighs only weakly in favor of applying Florida law. 2. The Place Where the Conduct Occurred As with the previous factor, the place where the conduct occurred is of “less significance” in cases of multistate defamation. Restatement § 145 cmt. e. Here, the Dossier was published online and therefore was viewable anywhere. Nevertheless, this factor weighs somewhat in favor of applying New York law because the decision to publish the Dossier was made in New York. 3. The Location of the Parties This factor weighs slightly in favor of applying New York law. Although Plaintiffs XBT Holdings, S.A. and Webzilla have offices in Florida, neither is alleged to be headquartered here. Defendants, however, are based in or reside in New York. Their connection to New York, 8

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