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Case 20-12702-CTG Doc 451 Filed 07/23/21 Page 1 of 3

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In re: Chapter 11

NS8 INC.1 Case No. 20-12702 (CSS)

Debtor.

AFFIDAVIT OF PUBLICATION RE: NOTICE OF DEADLINES FOR FILING PROOFS OF CLAIM IN (NATIONAL EDITION)

1 The Debtor and the last four digits of its federal taxpayer identification number is as follows: NS8 Inc. (6056). The notice address for the Debtor is NS8 Inc., PO Box 34120, Las Vegas, NV 89133.

Case 20-12702-CTG Doc 451 Filed 07/23/21 Page 2 of 3

PROOF OF PUBLICATION

20 ______Dec-15, 20___

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THE NEW YORK TIMES BUSINESS TUESDAY, DECEMBER 15, 2020 N B3

MEDIA

Networks Ponder a Post-Trump News Landscape Lead Editor FROM FIRST BUSINESS PAGE were Ted Turner and ,” Of L.A. Times mulling his options over the holi- Mr. Kilar said. days and is likely to make a final In a separate interview, Mr. Ki- Steps Down decision early in the new year, ac- lar added, “I think it would be cording to several people briefed great for Jeff to be here for the on his thinking. Last week, next 50 years.” To Adviser Role MSNBC announced a replace- At MSNBC, a succession has al- By ROBERTSON ment for its leader of more than a ready taken place. decade, , the architect The announcement that Ra- Norman Pearlstine, the executive of its popular liberal lineup. shida Jones, a 39-year-old news editor of The , This portrait of news networks executive who will become the has moved into a senior adviser in flux is based on interviews with first Black woman to lead a gen- role while the search for his suc- nearly a dozen current and former eral cable news network, would cessor continues, the paper’s on- and off-air staff members at take over from Mr. Griffin came as owner said in an email to the staff CNN and MSNBC, most of whom NBCUniversal is pondering how a on Monday. requested anonymity to speak network known for anti-Trump In the email, which was ob- frankly about issues bedeviling opinion should reconstitute itself tained by The New York Times, top executives. Most agreed there in a Biden era. Dr. Patrick Soon-Shiong, the would be a ratings slide in 2021, Cesar Conde, the former Tele- owner and executive chairman, saying the only question is how mundo leader who is now chair- said that Mr. Pearlstine, 78, would big it will be. man of NBC’s news division, has report to him in the new role and Mr. Trump’s refusal to leave the approached anchors and would help select the journalist political stage quietly has kept producers to discuss where who will follow him as executive viewers watching through the MSNBC should go from here. editor. postelection daze. In recent The network’s audience bal- Two managing editors, Scott weeks, CNN is regularly beating looned during the Trump presi- Kraft and Kimi Yoshino, will take , the longtime No. 1 ca- dency, providing hours of talk on over the day-to-day running of the ble news network, in total view- impeachment, the president’s tax newsroom. They will report to Dr. ers. CNN has also led in the adver- returns, Stormy Daniels, White Soon-Shiong, as will the head of tiser-friendly bracket of adults un- MIKE COPPOLA/GETTY IMAGES House super-spreader events and the editorial pages, Sewell Chan. der the age of 54 every day for The CNN president Jeffrey Zucker, whose contract with the network goes through next year, is weighing his future. the election. “We cannot thank Norm But MSNBC viewers can be enough for his contributions to fickle. Producers watched in The L.A. Times,” Dr. Soon-Shiong amazement as ratings nose-dived wrote in the memo to the staff. “As during “good news periods” for we became the new owners and President Trump. Viewership needed to rapidly and thought- dropped sharply, for instance, in fully revive this great American the days after the release of the re- newspaper, Norm’s experience as port on Mr. Trump and Russia by a journalist and media executive the special counsel, Robert S. proved invaluable.” He added that Mueller III, whose conclusions he would update staff when “the came as a disappointment to right candidate” was found. many Democrats. Mr. Pearlstine came out of re- MSNBC viewers also tuned out tirement in 2018 to helm The Los after Justice Brett Kavanaugh’s Angeles Times after it was bought confirmation to the Supreme for $500 million by Dr. Soon-Shi- Court, and they largely skipped ong and his wife, Michelle B. Mr. Trump’s State of the Union ad- Chan, from Tribune Publishing dress in February, which took (then known as Tronc). The paper place when he was assured of an acquittal in a Senate impeach- VIRGINIA SHERWOOD/NBC JEENAH MOON FOR THE NEW YORK TIMES ment trial. A search is on for NBCUniversal named Rashida Jones as the next president of MSNBC. Though CNN just smashed a 40-year viewership record, the future is murky. With Mr. Trump so central to MSNBC’s ratings surge, some the veteran editor’s producers see a slide coming. Oth- more than a month, its longest lar toured CNN’s offices in New Mr. Zucker, whose contract ex- Angeles, did little to help his case ers at the network say that replacement. such streak since the aftermath of York and Washington and held tends through next year, is genu- among CNN’s journalists last Trumpism — with its attendant Sept. 11, 2001. one-on-one sessions with promi- inely undecided about whether to month when he sent a note con- partisanship and politicization of at the time was reeling after a MSNBC’s “” has nent anchors, many of whom he stay, according to several people gratulating the network on its society — will persist, keeping rocky period of leadership bested a Trump favorite, the Fox was meeting for the first time, ac- with knowledge of his thinking. election coverage, only to include viewers locked in even after Mr. changes and staff cuts, and the News morning show “Fox & cording to five people with knowl- CNN is experiencing record- several factual errors in his open- Trump is no longer in the White newsroom cheered the new direc- edge of the visits. Mr. Kilar sought ing two sentences. The memo in- ,” for four weeks straight, high ratings that few in the indus- House. For now, Mr. Conde is fo- tion. and MSNBC’s top-rated anchor, the meetings to introduce himself try think will be matched again, correctly stated that CNN had cused on finding ways to intro- Dr. Soon-Shiong, a Los Angeles Ms. Maddow, has racked up her and talk up his enthusiasm for giving Mr. Zucker an opportunity “led the way” by calling Arizona duce MSNBC viewers to news billionaire who made his fortune biggest wins in nearly two years. their work as well as his latest to go out on top after an eight-year for Mr. Biden (in fact, Fox News programming on NBCUniversal’s as a medical-industry entrepre- The unending pandemic has also project, a CNN-branded stream- tenure. On the other hand, he likes and The Associated Press had streaming service, Peacock, and neur, hoped to bring stability to kept the ratings up, a common ing offering, the people said. being in the middle of the action called the Arizona race days earli- network-branded podcasts. the newsroom with the appoint- pattern at cable news networks The meetings coincided with and feels obligated to steer the er) and erroneously said that Ari- Mr. Griffin, the outgoing net- ment of Mr. Pearlstine, a veteran during events like wars, hurri- uncertainty at CNN about the fate network through a period of politi- zona was the final state CNN had work head, ran MSNBC’s opinion journalist and media executive canes and mass shootings. of Mr. Zucker, a hands-on leader cal and corporate uncertainty. projected (that distinction be- shows, elevating Ms. Maddow in who had held top jobs at Time Inc., But network executives, paid to who commands the loyalty of its His new boss, Mr. Kilar, is longed to Georgia and North Car- 2008 to full-time anchor. His re- Bloomberg, The Wall Street Jour- strategize for months and even anchors and star correspondents. viewed warily within CNN as a olina). placement, Ms. Jones, hails from nal and Forbes. years ahead, are turning their fo- A former chief executive of NBC- tech evangelist with little experi- Since the memo went out, Mr. the reporting side of NBC News, His latest post did not come cus to a post-Trump, post-vaccine Universal, Mr. Zucker is known to ence in news gathering, especially Kilar and Mr. Zucker met for a pri- where among other responsibil- America and the changed viewing micromanage the network’s jour- the blood sport of covering politics vate, socially distanced lunch ities she oversaw political events without its own challenges, as The habits they may find there. nalism, calling control rooms and in a divided nation. And Mr. close to CNN’s Hudson Yards like primary debates. Los Angeles Times grappled with At CNN, which has focused al- whispering in anchors’ earpieces Zucker was deeply displeased headquarters in Manhattan. In a Until the answers materialize, a racial reckoning inside its news- most exclusively on politics the during prominent interviews. when Mr. Kilar, who took over sign that Mr. Kilar seems keen to MSNBC can stick to business as room. past four years, those questions He is also the face of a news net- WarnerMedia in May, stripped keep Mr. Zucker aboard, the usual as Mr. Trump continues to In a Sept. 21 article, The Los An- are dovetailing with a in cor- work besieged by a president who him of several responsibilities, in- WarnerMedia chief executive of- cause agita for its liberal viewers. geles Times itself reported on mis- porate leadership. The grand- has tried to brand CNN, falsely, as cluding oversight of the network’s fered praise for him in recent in- This month, “The Rachel Maddow steps by the paper’s leaders and a daddy of cable news is now con- the epitome of “fake news,” rally- communications and human re- terviews with The New York Show” is leading its Fox News lack of internal confidence in Mr. trolled by AT&T, which picked Mr. ing his conservatives fans against source teams, two of the people Times, putting the CNN president competitor, “Hannity,” in the rat- Pearlstine. The article noted “ethi- Kilar, the founding chief executive it. Mr. Trump’s attacks have come said. Mr. Zucker received a heads- in the same league as the net- ings for the first time since Febru- cal lapses” and “bullying behav- of the streaming platform , to at a time when CNN has received up only just before the changes work’s founder. ary 2019. ior” among some of the paper’s lead its WarnerMedia entertain- threats. In 2018, the network had were announced, one of the people “I want you to hear loudly and editors, as well as “other failures ment and news division. to evacuate its New York office be- said. clearly that I think the two best Nicole Sperling contributed report- of management.” At the start of December, Mr. Ki- cause of a mail bomb. Mr. Kilar, who is based in Los things to ever happen to CNN ing. On Oct. 5, Mr. Pearlstine an- nounced that he was stepping down as top editor, but, at the re- quest of Dr. Soon-Shiong, would stay on until his successor was named. Pinterest Settles Gender Bias Lawsuit for $22.5 Million In an email to staff on Monday, Mr. Pearlstine said his goal during his tenure was “to put a team in By ERIN GRIFFITH San Francisco Superior Court. board members. She said she She joined the company in 2018 as hoped Pinterest did more than place that could assure The SAN FRANCISCO — Pinterest on Times’s revival.” Monday agreed to pay $22.5 mil- chief operating officer and was re- just put them on its board and sponsible for the company’s reve- would “also listen to their ideas.” “Although work on finding my lion to settle a gender discrimina- successor has just begun, I believe nue, with roughly half of the 2,000 She added that discrimination tion and retaliation lawsuit from my work is done,” the editor wrote employees reporting to her. against female executives would Françoise Brougher, its former in the email, which was obtained But even though she was a top be solved only when women “are chief operating officer, in one of by The New York Times. “There the largest publicly announced in- executive, Ms. Brougher said, she more the norm than the excep- had been left out of important are several people on staff who dividual settlements for gender tion” in executive roles. This year, are ready to succeed me and sev- discrimination. meetings, was given gendered the number of Fortune 500 com- feedback and was paid less than eral talented editors from else- As part of the agreement, Pin- panies with female chief execu- her male peers. She said she was where have also asked to be con- terest did not admit to any liabil- tives reached a record high of 37, let go in April after she spoke up sidered.” ity. The company and Ms. or 7 percent. about the treatment. Mr. Pearlstine acknowledged Brougher said they planned to Alongside her lawsuit, she pub- “I want more women to speak “unforeseen challenges,” but said jointly donate $2.5 million toward lished a blog post titled “The Pin- up,” Ms. Brougher said, “but more “the memorable ” had charities that support women and terest Paradox: Cupcakes and importantly, I want more women made his time at the paper worth- underrepresented minorities in Toxicity,” outlining her experi- in the C-suite.” while. tech with a focus on education, ence. She said the post prompted ANASTASIIA SAPON FOR THE NEW YORK TIMES funding and advocacy. The dona- an outpouring of support and sim- tions are expected to be com- The interior of the Pinterest office in San Francisco. ilar stories from other female tech IN THE UNITED STATES BANKRUPTCY COURT contractorunexpiredlease,orifnodateisprovidedinanysuchorder,thirty pleted by the end of the year. FOR THE DISTRICT OF DELAWARE (30)calendardaysaftertheclaimantisservedwithnoticeoftheapplicable executives. In re: NS8 INC., 1 Chapter 11 orderauthorizingsuchrejection(the“RejectionDamageClaimBarDate”). “I’m glad Pinterest took this Debtor. Case No.20-12702 (CSS) Notwithstanding the foregoing, a party to an executory contract or er. In July, Emily Kramer, a former ability and driving change,” Ms. That week, more than 200 Pin- NOTICE OF DEADLINES FOR FILING PROOFS OF CLAIM unexpiredleasethatassertsaclaimonaccountofunpaidamountsaccrued very seriously,” Ms. Brougher and outstanding as of the Petition Date pursuant to such executory vice president for marketing at Brougher said. “Sharing the set- terest employees virtually walked THE GENERAL BAR DATE IS FEBRUARY 12,2021, said in an interview. “I’m hoping AT 11:59 P.M.,PREVAILING EASTERN TIME. contract or unexpired lease (other than a Rejection Damages Claim) must Carta, sued the financial technol- tlement publicly helps raise out in support of Ms. Brougher, file a Proof of Claim for such amounts on or before the applicable Bar Date it’s a first step in creating a better THE GOVERNMENTAL BAR DATE IS APRIL 26,2021 unless such party is expressly excluded by the Bar Date Order from filing ogy start-up for discrimination awareness more broadly.” Ms. Ozoma and Ms. Shimizu AT 11:59 P.M.,PREVAILING EASTERN TIME. a Proof of Claim. If the Debtor amends or supplements its Schedules in a work environment there.” PLEASETAKENOTICEOFTHEFOLLOWING: mannerthatchangestheamount,nature,classificationorcharacterization and retaliation. Carta has dis- Sharon Vinick, an employment Banks and in protest of Pinterest’s Entry of the Bar Date Order. On December 9,2020,the Bankruptcy A company spokeswoman said, of a person or entity’sclaim,and the affected creditor does not agree with puted the claims. lawyer who represents Ms. Kra- culture and policies. Soon after, Courtenteredanorder[DocketNo.145](the“BarDateOrder”)establishing such amendment or supplement, then the affected creditor must file a “Pinterest has acted swiftly to certain deadlines for the filing of proofs of claim (each,a“Proof of Claim”) Proof of Claim with respect to such claim on the later of (i) the applicable David Lowe, Ms. Brougher’s mer, said the settlement reflected Pinterest was also hit with share- in the Chapter 11 Case of NS8 Inc.(the“Debtor”). Capitalized terms used BarDateor(ii)twenty-four(24)calendardaysafterthedateonwhichthe make changes needed to ensure lawyer, said the settlement with the “seismic shift in attitudes to- holder lawsuits. butnototherwisedefinedhereinshallhavethemeaningsascribedtosuch Debtor provides notice of such amendment or supplement (or another that all employees feel supported termsintheBarDateOrder. time period as may be fixed by the Court) (the “Amended Schedule Bar Pinterest was wards gender discrimination.” In response, Pinterest opened EXCEPT AS TO CERTAIN EXCEPTIONS EXPLICITLY SET FORTH IN THE BAR Date,” and together with the General Bar Date, the Governmental Bar and included.” She pointed to a va- an investigation into its culture, DATEORDER,ANYPERSONORENTITYWHOFAILSTOFILEAPROOFOFCLAIM Date and the Rejection Damage Claim Bar Date, each, a “Bar Date,” and notable be- Ms. Vinick added that compa- ON OR BEFORE THE APPLICABLE BAR DATE SHALL NOT BE TREATED AS A collectively,the“BarDates”). riety of steps the company has cause of its size, nies would have to take gender the results of which have not been CREDITOR WITH RESPECT TO SUCH CLAIM IN THE DEBTOR’S CHAPTER 11 Filing a Proof of Claim. Each original Proof of Claim must be filed, taken, including adding two new CASE,PERMITTED TO PARTICIPATE IN ANY DISTRIBUTION IN THE DEBTOR’S including supporting documentation,by U.S.mail or other hand delivery its charitable discrimination claims seriously made public. It added Andrea CHAPTER 11 CASE ON ACCOUNT OF SUCH CLAIM, PERMITTED TO VOTE TO system,so as to be actually received by the Debtor’s notice and claims board members and making sala- component and Wishom and Salaam Coleman ACCEPT OR REJECT ANY CHAPTER 11 PLAN PROPOSED IN THE DEBTOR’S agent, Stretto (“Stretto”), on or before the applicable Bar Date at the and not view them as “ones that CHAPTER11CASE,ORENTITLEDTORECEIVEFURTHERNOTICESREGARDING following address: NS8 Inc.Claims Processing,c/o Stretto,410 Exchange, ries more transparent. Pinterest its public an- can be settled for ‘nuisance val- Smith, two prominent media exec- SUCHCLAIMINTHEDEBTOR’SCHAPTER11CASE. Suite100,IrvineCA92602. ProofsofClaimsentbyfacsimile,telecopy declined to comment further. utives who are Black and female, Who Must File a Proof of Claim. Pursuant to the Bar Date Order, or electronic mail will NOT be accepted. Alternatively, Claimants nouncement. ue.’” all persons and entities (including, without limitation, individuals, may submit a Proof of Claim electronically, on or before the applicable The agreement may signal a Trial verdicts Pinterest, a virtual pinboard to its board of directors. Pinterest partnerships, joint ventures, corporations, estates, and trusts, whether Bar Date,by completing the Proof of Claim Form that can be accessed at foreign or domestic) who have a claim (as that term is defined in Stretto’s website,http://cases.stretto.com/NS8. Any person or entity that shift in how Silicon Valley handles and private set- company, has been under scrutiny also hired a new head of inclusion Bankruptcy Code section 101(5)) or potential claim against the Debtor electronically files a Proof of Claim shall retain such Proof of Claim (and such suits. In the past, tech com- Françoise and diversity, made salary infor- that arose or is deemed to have arisen before October 27, 2020 (the supporting documents) with an original signature for a period of not less tlements for for months about how it handles “Pe tition Date”), no matter how remote or contingent such right to thantwo(2)yearsfromthedatetheProofofClaimiselectronicallyfiled. panies have typically fought back, Brougher discrimination its employees. In June, two em- mation more transparent and cre- payment or equitable remedy may be, including, without limitation, Contents of Proofs of Claim. Each Proof of Claim must comply with such as when the venture capital ated a partnership with the a claim entitled to priority under Bankruptcy Code section 503(b)(9), theBarDateOrder. cases may be ployees who had recently quit, MUST FILE A PROOF OF CLAIM,on or before 11:59 p.m.,prevailing Additional Information. If you have any questions regarding the firm Kleiner Perkins Caufield & larger than Ms. Brougher’s, he Ifeoma Ozoma and Aerica N.A.A.C.P. for an advisory council. Eastern Time, on February 12, 2021 (the “General Bar Date”). claims process and/or if you wish to obtain a copy of the Bar Date Order, Governmental units (as that term is defined in Bankruptcy Code section ProofofClaimFormorrelateddocuments(and/oranyotherpleadingsfiled Byers disputed a suit brought by said, but trial verdicts can be ap- Shimizu Banks, publicly dis- Pinterest’s chief financial offi- 101(27)) which have a claim or potential claim against the Debtor that in the Debtor’s Chapter 11 Case),you may do so by:(i) calling the Debtor’s one of its former investors, Ellen cer, Todd Morgenfeld, who was arose or is deemed to have arisen before the Petition Date,no matter how case hotline at 855-598-1571; (ii) visiting the Debtor’s case website, pealed and settled for lower cussed their experiences with rac- remote or contingent such right to payment or equitable remedy may be, available at:http://cases.stretto.com/NS8; and/or (iii) writing to NS8 Inc. Pao, in 2012. (Ms. Pao lost the amounts while private settle- ist and sexist comments, pay ineq- called out in Ms. Brougher’s law- including,withoutlimitation,aclaimentitledtopriorityunderBankruptcy ClaimsProcessing,c/oStretto,410Exchange,Suite100,Irvine,CA92602. Code section 503(b)(9) and claims for unpaid taxes,whether such claims A HOLDER OF A POSSIBLE CLAIM AGAINST THE DEBTOR SHOULD case.) Tech companies have also ments do not hold the companies uities and retaliation at the com- suit for discriminatory behavior, arise from prepetition tax years or periods or prepetition transactions CONSULT ITS OWN ATTORNEY REGARDING ANY MATTERS NOT settled such suits in private. to account in the same way. The pany. Further reports of cultural remains at the company. to which the Debtor is a party, MUST FILE A PROOF OF CLAIM on or COVERED BYTHIS NOTICE,SUCH AS WHETHERTHE HOLDER SHOULD before 11:59 p.m.,prevailing Eastern Time,on April 26,2021 (the FILE A PROOF OF CLAIM. PLEASE NOTE THAT NEITHER THE COURT, Ms. Brougher, 55, is among the settlement provides partial com- issues at Pinterest added fuel to Ms. Brougher said she was en- “Governmental Bar Date”). Any person or entity that holds a claim that NOR COUNSELTOTHE DEBTOR,NOR STRETTO CAN ADVISEYOU HOW arises from the rejection of an executory contract or unexpired lease (a TOFILLOUT,ORWHETHERYOUSHOULDFILE,APROOFOFCLAIM. most prominent female tech exec- pensation for Ms. Brougher’s lost their accounts. couraged by Pinterest’s recent ac- “Rejection Damages Claim”) must file a Proof of Claim with respect to tions to address its culture, includ- such claim so as to be actually received by Stretto on or before the later 1 The Debtor and the last four digits of its federal taxpayer identification utives to file a gender discrimina- income, he said. In August, Ms. Brougher sued of either (i) the General Bar Date or (ii) a date provided in an order of the number is as follows:NS8 Inc.(6056). The notice address for the Debtor is tion suit against a former employ- “My goal was about account- Pinterest for sexist treatment in ing the addition of the two new Bankruptcy Court authorizing the rejection of the respective executory NS8Inc.,POBox34120,LasVegas,NV89133.