EFTA02520295.pdf

From: Lawrence Krauss < Sent: Tuesday, February 27, 2018 10:51 PM To: jeffrey E. Subject: Re: Private and Confidential, in response to our meeting. I will fill you in more later. In this case=you are not correct. First time. =span class="" style="orphans: 2; widows: 2; background-color: rgba(255,=255, 255, 0);">Lawrence M. Krauss Dir=ctor, The Origins Project at ASU =div style="orphans: auto; widows: auto;">Foundation Professor=nbsp; =chool of Earth & Space Exploration and Physics Department <=div> Arizona State University, <x-apple-data•detectors://1/1> Tempe, AZ 85287-1404 <x-apple-data-detectors://1/1> Research O=fice: Assistant (Jessica): <tel:48=.965.9825> =/div> <mailto origins.asu.ed= <http://origins.asu.edu/> I twitter=com/Ikrauss1 <http://twitter.comfikraussl> I krauss.faculty.asu.edu <http://krauss.faculty.asu.ed=/> </=iv> =ent from my iPhone On Feb 27, 2018, at 2:40 PM, j=ffrey E. <[email protected]=/a» wrote: <mailto:[email protected]> gt; wrote: Dear Cynthia et al: Adam forwarded me your note while on a plane. I wanted to let you k=ow that you can feel free to cc me on all communication or email me and cc A=am, as you wish. . Adam is advising me on matters related to Buzzfeed= and so it is appropriate to communicate to both of us in this regard. = I expect he will be writing to you. In any case, I wanted to assure y=u that I will continue to cooperate with all your offices, as I have done Pus far. I value the collegial relationship I have with all of my colleagues=at ASU. I do hope Naimah's group has taken all of our concer=s about Buzzfeed under advisement, but I also understand the requirements o= the University as well. Thanks for y=ur attention to this. Best Lawrence Krauss EFTA_R1_01656968 EFTA02520295  Lawrence M. Krauss Director, The Origins Project at ASUCo-Director, Cosmology Initiative Foundation Professor <mailto origins.asu.edu <https://urldefense.proofpoint.com/v2/url?u=http- 3A_=origins.asu.edu_&d=DQMFAg&c=AGbYxfJbXK67KfXyGqyv2Ejiz41FqQuZFk4=- 1IxfAU&r=DB9LvLOIQiaqWcFOihHC0LZCntZCR8Xtq5BHKNVR5To&m=ciP97mE=O4349G8_Nf9l5Up33Th7MWHYf6uw7yU BP2c&s=Gc-m4FUPqBmB-H8qg0HdYhSQN_hZ8rH=dpPJHH3C6B0&e=> </_>I twitter.com/=kraussl chttps://urldefense.proofpoint.com=v2/url?u=http- 3A twitter.com_lkraussl&d=DQMFAg&c=AGbYxfJbXK6=KfXyGqyv2Ejiz41FqQuZFk4A- 1IxfAU&r=DB9LvLOIQiaqWcFOihHC0LZCntZCR8Xtq5B=KNVR5To&m=ciP97mEbO4349G8_Nf9l5Up33Th7MWHYf6uw7yU BPZc&s=mspp0SB=aPjp5BOPRbD2xXlzHCi4lgzTZ8KNgjNBBKg&e=> I krauss.faculty.asu.edu -Origins Project=10 Year Celebration- Be a part of something 10 years in the making! April 5-9th 2018 — Visit for more info Begin forwarded message: To: Lawrence Krauss < Fyi Just got back on wifi and r=ading now From: Cynthia Jewett < <mailto: >> Date: T=: <=span>Adam Waldman < <mailto >> Cc: Nai=ah Saadiq < <mailto »= Erin Ellison ■ =» Subject: FW: Private and Confi=ential, in response to our meeting. <mailto Mr. Waldman, Your client, Lawrence Krauss, copied m= on his February 23rd email communication to the Office of Equity an= Inclusion. I am writing to convey the University's position o= its responsibility to conduct administrative investigations into allegatio=s of conduct that would violate institutional policy, if true. Becaus= Dr. Krauss has retained legal counsel, I am writing directly to you. =You may forward my communication on to your client. Without having fi=st secured your permission, I did not think it was proper for me to copying=him on this reply. =u> Our policy o= the Prohibition Against Discrimination, Harassment, and Retaliation (ACD 4=1 <= href="https://www.asu.edu/aad/manuals/acd/acd401.html" style="color:pu=ple;text-decoration:underline" target="_blank">https://www.asu.edu/aad/manuals/acd/acd401.html) and its accompanying procedures (P20 —=link to the procedures is embedded in the policy document) directs the Offi=e of Equity and Inclusion to conduct prompt and equitable investigations.&n=sp; Among the points stated are that the Office accepts anonymous complaint= as well as direct complaints. University employees are required to c=operate with any investigation or allegations of violations of this policy.=nbsp; Providing false or misleading information or failing to cooperate may=result in disciplinary action. 2 EFTA_R1_01656969 EFTA02520296 Individuals making a complaint or part=cipating as a witness in an investigation cannot be retaliated against.&nbs=; Any employee who engages in retaliation will be disciplined. The Of=ice of Equity and Inclusion does not make any findings until such time as i= determines that it has completed its fact gathering.<=div> Our courts recognize that participants in an adminis=rative investigation have a privilege against a defamation charge. In Paros v= Hoemako Hospital, 140 Ariz. 335, 681 P.2d 918 (Ct. App. Div. 2 1984), the c=urt recognized that the employer's response to a notice of charge o= discrimination filed with the Equal Employment Opportunity Commission was a=solutely privileged. In Miller v. Servicemaster by Rees, 174 Ariz. at 5=0, 851 P.2d 240, 243 (Ct. App. Div. 1 1993), the court recognized the exist=nce of a conditional privilege for employees to report perceived acts of se=ual harassment as public policy dictated that employees must be protected f=om workplace sexual harassment. Cited approvingly, Carey v. Maricopa County,=/i> Paros and Miller were cases concer=ing discrimination and harassment under Title VII. In addition to its=obligations under Title VII, the University must also operate its education=l programs and activities to be free from gender discrimination under Title=IX. <=> The Office of Equity and l=clusion will proceed with its investigation as outlined in ACD 401 and P20.=The Office will not provide your client with its investigative file. W= look forward to Dr. Krauss's continuing cooperation. Regards= <=u> </=iv> Cynthia L. Jewett Senior Associate General Counsel<Apan> Arizona State Universi <=u> => </= an> <mailto =div style="margin:0in 0in 0.0001 tfont-size:12pt;font-family:"Times=New Roman",serif'> Lawrence Krauss (mailto Sent: Friday, February 23= 2018 4:19 PM To: Naimah Saadiq <mailto »; Cynthia Jewett < Cc: Adam Waldman <mailto >; Lawrence Krauss &l= <mailto: Subject:</=> P=ivate and Confidential, in response to our meeting. Dear Naimah et al: Attached you will find a letter from my attorney, along with a letter he s=nt to Buzzfeed earlier in this week regarding the defamatory and false stor= they were planning on printing. The story was then published yesterd=y morning.&n=sp; I wanted to add to his letter, to reiterate=our concern about how your office was planning to follow up on the false an= defamatory third-party allegations from Buzzfeed. Because this=was initiated by an online entertainment news outlet with a clear agenda an= established record of propagating false allegations about me, rather than b= any of the individuals they refer to as sources, this should not be c=nsidered a credible allegation worthy of investigation. I believe that our i=itial discussion was sufficient to settle this matter. Whether o= not you agree with this, there are two things l&nb=p;think are important to establish. =/div> Firstly, =that the University should not propagate what can be false allegations f=om such a source by presenting them directly to current and/or former emplo=ees or to others. To do so would be to further their libelous agenda,=as Mr Waldman has emphasized. In this regard, I would appreciate seei=g copies of the correspondence you might send to current or former employee= about this in the process of carrying out and concluding your investigatio=. Secondly, I reiterate once again that the Origins Project=environment is supportive, candid, frank, honest, and productive, with all e=ployees being treated with respect, as well as being supported and mentored= I am proud of our team, and I believe they feel the same way. =u> Thanks for your attention to the=e letters. 3 EFTA_R1_01656970 EFTA02520297  =/u> Lawren=e Krauss Dear Ms. Saadiq: My name i= Adam Waldman, and I am Professor Lawrence Krauss' litigation counsrl. Earlier this week, I sent the attached letter to Buzzfeed via one o= their reporters named Peter Aldhous. I am also in receipt of Mr. Aldhous' letter to ASU, which i= a variation on defamation — both libel and slander — that M=. Aldhous and his colleagues have been manufacturing for at least 6 months (=otably without any reporting) in a campaign with a purpose known only to th=m. Buzzfeed's first method is to call or write third parties,=posit a list of fake, anonymous, recklessly false and malicious "al=egations," and ask if the third party has anything to add. Bu=zfeed's second method is to seek tortious interference with Profess=r Krauss' professional contracts, by writing third parties with who= Professor Krauss is in privity, present a similarly inflammatory series of=anonymous, recklessly false and malicious accusations, and then question: h=w can the email's recipient allow such a person to serve on their b=ard, or speak at their conference? The letter from Buzzfeed to the Un=versity falls into both categories. There will be appropriate legal consequ=nces for Buzzfeed's actions. It is my understanding that your office believes it is compelled by th= above to investigate false, defamatory, anonymous accusations posited by t=e online tabloid Buzzfeed by contacting third parties and potentially rebro=dcasting the tabloid Buzzfeed's accusations. To be clear, the=e accusations were not made to the University by actual human beings who ar= alleging they were victims. There is no evidence they were presented=to Buzzfeed by actual human beings. Moreover, no present or former employee= of ASU have made any such allegations to your office, or to any office at A=U, to our knowledge. They are simply alleged by a tabloid, and one that had=yet published a "story" on the topic when they forwarded these to y=u. You may propose to rebroadcast this tabloid's libel to other third=parties who have also made no accusation against Professor Krauss. I s=ggest that you consult with the University's counsel before taking s= rash a step as re-broadcasting hearsay defamation that came to you via an o=line tabloid under these circumstances. Professor Krauss and I both recognize the absolute need to investigate re=l allegations. Some of the women who have bravely come forward with p=rsonal harassment allegations against Harvey Weinstein are my clients and f=iends. Some of these victims have been advised by me. Those act=al allegations are entirely distinct from a tabloid attempting to manufactu=e allegations to create harm. Confident=ality Notice: This email, including any attachments, is being sent by or o= behalf of the Endeavor Group or Endeavor Law Firm; it is confidential and m=y contain information protected by the attorney- client and/or the attorney w=rk-product privileges. If you are not the intended recipient, you are hereb= notified that any review, disclosure, copying, or distribution of this inf=rmation is unauthorized and prohibited. If you have received this communication in error, please advise the sender immediately by reply email and delet= this message and any attachments without retaining a copy. IRS Circul=r 230 Disclosure: Any statements regarding Federal tax law contained in t=is e-mail are not intended or written to be used, and cannot be used, for t=e purposes of avoiding penalties that may be imposed under federal tax law o= to market any entity, investment plan or arrangement.=/div> Begin f=rwarded message: &n=sp; From:&nb=p;=dam Waldman < <mailto Date: Tuesday, February 20, 2018 at 5=42 PM 4 EFTA_R1_01656971 EFTA02520298  To: Peter Aldous < <mailto:r > Subject: Cease and Des=st/Professor Lawrence Krauss Dear Mr. Aldous: I am writing as litiga=ion counsel to Professor Lawrence Krauss. It has come to my attention=that you and Buzzfeed have engaged in an outrageous and protracted defamati=n campaign against Professor Krauss, including both libel and slander. = Buzzfeed's campaign has been malicious, undertaken with absolute r=ckless disregard for the truth, and despite repeated disprovals of the fals=hoods you continue to harmfully disseminate. Your defamatory efforts h=ve also been undertaken, for reasons known only to you and your colleagues,=with the intention of tortiously interfering with the contracts of Professo= Krauss, and Buzzfeed has unfortunately succeeded in this malignant purpose= We have both testimony and documents from a litany of well respected=third parties that provide overwhelming evidence of your and Buzzfeed =99s malfeasant attacks on Professor Krauss. We are still tallying the=damage. </=> Sincerely, Adam Waldman&n=sp; =span style="font-size:l0pt;font-family:Calibri,sans-serir>DISCLAIMER=u> Confidentiality Notice:</=> This e=ail, including any attachments, is being sent by or on behalf of the Endeav=r Group or Endeavor Law Firm; it is confidential and may contain informatio= protected by the attorney-client and/or the attorney work-product privileg=s. If you are not the intended recipient, you are hereby notified that any r=view, disclosure, copying, or distribution of this information is unauthori=ed and prohibited. If you have received this communication in error, please=advise the sender immediately by reply email and delete this message and an= attachments without retaining a copy. IRS Circular 230 Disc=osure: Any statements regarding Federal tax law contained in this e-mail a=e not intended or written to be used, and cannot be used, for the purposes o= avoiding penalties that may be imposed under federal tax law or to market a=y entity, investment plan or arrangement. <=div> =u> Lawrence M. Krauss Director, The Origins Proj=ct at ASU Co-Director, Cosmology Initiative Foundation Professor&nb=p;=br>Scho=l of Earth & Space Exploration and Physics Department Arizona State U=iversity, P.O. Box 871404, Tempe, AZ 85287-1404 Research Offic=: <tel:1 8> I Assistant (Jessica): <tel Origins Offi=e (Cynthia): <= href="mailt ' style="color:purple;text-decoration:under=ine" target="_blanle 1=/span> krauss.faculty.asu.edu -Origins Project 10 Year Celebr=tion-=u> Be a part of something 10 ye=rs in the making!<=u> April 5-9th 2018=— Visit for m=re info <https://urldefense.proofpoint.com/v2/url?u=h=tps-3A_www.originsl0year.com_&d=DwMFaQ&c=l45AxH- kUV29SRQusp9vY=0nlGycN4_2jInuKy6zbqQ&r=lXvAt9Yyr2FDWiv2F1A3ilLTVn7OaKfvAPiXMR3ircA&a=p;m=ZGaZGvEU4 QWvjalf6PvO2a_uDaqD2eV3yYmuWVY41U&s=vVnehfuYQ9NbPIDQY=OYM4f0xNjOkFuBeDhri6hmZOk&e=> 5 EFTA_R1_01656972 EFTA02520299  =/div> </=pan> &n=sp; please note The information conta=ned in this communication is confidential, may be attorney-client privil=ged, may constitute inside information, and is intended only for the u=e of the addressee. It is the property of JEE Unauthorized use, discl=sure or copying of this communication or any part thereof is strictly pr=hibited and may be unlawful. If you have received this communication i= error, please notify us immediately by return e-mail or by e-mail to [email protected]=m <mailto:[email protected]> , and destroy this communication and all copies thereof, includi=g all attachments. copyright -all rights reserved 6 EFTA_R1_01656973 EFTA02520300