EFTA01019736.pdf

From: 1 [email protected]> To: Lawrence Krauss ca , Subject: Re: Krauss settlement agreement - revised draft Date: Sun, 14 Oct 2018 10:19:13 40000 i see the signature line , says the arizona board of regents. thats bad .. the fact that she says faculty have free speech. means the retirement letter should fall under that category as you are still a faculty member. On Sun, Oct 14, 2018 at 12:58 AM Lawrence Krauss wrote: Lawrence M. Krauss Professor School of Earth & Space Exploration and Physics Department Arizona State University, P.O. Box 871404, Tempe, AZ 85287-140a Research Office I Assistant flessica I asralemensamkoussuem Begin forwarded message: From: Justin Dillon •;:a Subject: Fwd: Krauss settlement agreement - revised draft Date: October 13, 2018 at 7:56:34 PM PDT To: Lawrence Krauss •c lia> The latest Let's talk tomorrow. Holds 12:45 Eastern? Justin Dillon Kaiseroaco PUS 1401 K 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 MU 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, MU 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. rve 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 — I've 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 EFTA01019736 To: Kimberly Demarchi Subject: Re: Krauss settlement agreement - revised draft 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 KaiserMai PaC 1401 K Street NW Suite 600 Wasnin ton. DC 20005 On Oct 12, 2018, at 4:04 PM, Kimberly Demarchi .t l> 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 Wash, to. 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 ARP 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 51,209,479.32 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 Md the to your addre,:,: h011 2q29 Noeth entiral Avrmt, pni Vino( Ebasnix..taiganatsuu EFTA01019737  Tager Facsixne <Krauss settlement agreement - 2018-10-12 Revision.pdf> <Krauss Settlement Agreement - 2018-10-12 Revision.docx> please note The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of JEE Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to jrevaratiotagmailsgm, and destroy this communication and all copies thereof, including all attachments. copyright -all rights reserved EFTA01019738