EFTA01019742.pdf

From: Lawrence Krauss al .> To: Jeffrey Epstein leevacation®gmail.cont>, nancy dab! <Mile Subject: Fwd: Krauss settlement agreement - revised draft Date: Sun, 14 Oct 2018 04:58:10 +0000 Attachments: Krauss_Settlement_Agreement_-_2018-10-13_Revision.docx; 0766_001.pdf Lawrence M. Krauss Professor School of Eanh& Space Exploration and Physics Oepattment Arizona State University, P.O. Sox 871404, Tempe, AZ 85287-1404 Research Office Assistant (Jessica] Begin forwarded message: From: Justin Dillon Subject: Fwd: Krauss settlement agreement - revised draft Date: October 13, 2018 at 7:56:34 PM PDT To: Lawrence Krauss • The latest. Let's talk tomorrow. How's 12:45 Eastern? Juan-. Dillon Kaiserrklon PLLC 1401 IC St. NW Suite 600 Washin ton. DC 20005 From: Kimberly Demarchi Sent: Saturday, October 13, 2018 9:19:47 PM To: Justin Dillon Subject: RE: Krauss settlement agreement - revised draft Justin, I'm still conferring with my clients, but I have some feedback to give you now, which is reflected in the attached draft. First, the revisions to the non-disparagement provisions you've proposed aren't going to work on our end. Not only is ASU too large to effectively guarantee compliance by everyone at the University, but we have strong protections in both University policy and state law for free speech by faculty, staff, and students in their private capacity. That's why the original draft specified particular individuals in leadership positions as the ones bound by the provisions, rather than the entire University. The attached version has some revisions that I hope address your client's concerns while being feasible on our end. Second, I've taken out the references to Professor Krauss being a Physics professor as well as in SESE. As a technical matter, ASU faculty only have a single home department, even when they periodically (or regularly) teach in other departments, and Professor Krauss's appointment was as faculty in SESE. I've attached his appointment letter so you can see. We'll need to use the correct language in the agreement and any public statement. If he'd prefer for the public statement to just say he has resigned his position as a professor (without specifying the department), that would be fine too — rve made that change in the attached so you can see what the statement looks like without referencing the specific department. Lastly, the feedback I've gotten so far about the list of donors has included some concerns about the catchall provision you proposed (unspecified donors who went on an expedition). We're looking into the feasibility of that on our end, and in the interim I've taken the catchall provision out. If there's more specificity you can provide about how many donors are in this catchall category, or more names for the list, that may be helpful. Would you let me know your client's position on these issues, and I'll present the final agreement for approval by MU leadership? Thanks, Kim From: Justin Dillon - Sent: Friday, October 12, 2018 2:45 PM To: Kimberly Demarchi Subject: Re: Krauss settlement agreement - revised draft EFTA01019742 Kim, Here's my redline. If ASU will agree to this, we are prepared to sign today. Please feel free to call me at 202-421-5298 if you would like to discuss anything. Thanks, Justin Justin Dillon KaiserDdon PLLC 1401 K Street NW Suite 600 Washington. DC 20005 On Oct 12, 2018, at 4:04 PM, Kimberly Demarchi wrote: Here's the Word document. I've reached out about the extension and will get back to you. From: Justin Dillon Sent: Friday, October 12, 2018 12:56 PM To: Kimberly Demarchi Subject: Re: Krauss settlement agreement - revised draft Also, would you mind sending this to me in Word so I can redline as needed? Thanks, Justin Justin Dillon KaiserDillon PLLC 1401 K Street NW Suite 600 Washin ton. DC 20005 On Oct 12, 2018, at 3:08 PM, Kimberly Demarchi < > wrote: Justin, I'm writing to follow up on our conversation and correspondence yesterday regarding the proposed settlement. ASU is willing to agree that any funds donated by the Brown Foundation that remain unspent may be transferred from the ASU Foundation to another non-profit organization, if the Brown Foundation so directs. At this point, I've been able to determine that there is a total of $1,209,479.32 on deposit with the ASU Foundation for the Origins Project's operating expenses. Some of that may be from other donors, so it is possible that not all of it would be transferred. But whatever is attributable to the Brown Foundation would be transferred, provided that the Brown Foundation directs the ASU Foundation to do so and tells it what nonprofit should receive the funds. Although I do not agree with your analysis, we will agree to remove the reference to the ADEA from the release paragraph, which should put an end to the discussion regarding whether it is necessary to provide your client with a review period or the option to revoke. ASU is not willing to extend the retirement date beyond May 2019 or make additional payments, nor is it willing to transfer the funds in its local accounts to another institution. I have attached a revised agreement along these lines. I am available for discussion as needed. Best wishes, Kim Kimberly A. Demarchi profile I Add me to your address hook 2929 North Central kvenne 21.11112az Phoenix. Arixona 8, 012 Telephone Facsimile EFTA01019743 <Krauss settlement agreement - 2018.10.22 Revision.pdf> <Krauss Settlement Agreement - 2018.10.12 Revision.docx> EFTA01019744