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Case 18-2868, Document 279, 08/09/2019, 2628231, Page30 of 37 valid purpose protected by the pre-litigation privilege. Mr. Barden testified that the January 2015 statement in fact served as a cease and desist letter. See Doc.542-7, Ex.K J 17. IV. Ms. Maxwell’s January 4, 2015, statement is nonactionable. Plaintiff did not respond to our argument that Ms. Maxwell’s January 4, 2015, statement to a reporter is nonactionable. See Memo. of Law 38-39. We respectfully submit plaintiff has confessed this point. See Cowan, 95 F. Supp. 3d at 645-46. V. Summary judgment is warranted because plaintiff cannot establish falsity or actual malice by clear and convincing evidence. Plaintiff is a public figure. See Memo. of Law 16-17, 49-54. Therefore, she must prove falsity and actual malice. Under New York law, a public-figure defamation plaintiff must go beyond the federal constitutional minimum and prove falsity by clear and convincing evidence. Blair v. Inside Ed. Prods., 7 F. Supp. 3d 348, 358 & n.6 (S.D.N.Y. 2014) (citing DiBella v. Hopkins, 403 F.3d 102, 111 (2d Cir.2005)). She must also prove actual malice by clear and convincing evidence. Karedes v. Ackerley Grp., Inc., 423 F.3d 107, 114 (2d Cir. 2005) (quoting Phila. Newspapers v. Hepps, 475 U.S. 767, 773 (1986)). Clear and convincing evidence is evidence that “produces in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established, evidence so clear, direct and weighty and convincing as to enable the factfinder to come to a clear conviction, without hesitancy, of the truth of the precise facts in issue.” Blair, 7 F. Supp. 3d. at 358 (internal quotations and brackets omitted). Plaintiff must prove by clear and convincing evidence (a) the material falsity of three sentences in the context of the January 2015 statement, and (b) Ms. Maxwell’s actual malice, i.e., knowledge of the falsity of the three sentences or reckless disregard of whether they were false. The three sentences are: in the first paragraph of the statement, plaintiff’s allegations are 25