<table><tr><th>From:</th><th>Lawrence Krauss</th></tr><tr><td>Sent:</td><td>Tuesday, February 27, 2018 8:55 PM</td></tr><tr><td>To:</td><td>Cynthia Jewett; Adam Waldman; Naimah Saadiq</td></tr><tr><td>Cc:</td><td>Lawrence Krauss</td></tr><tr><td>Subject:</td><td>Fwd: Private and Confidential, in response to our meeting.</td></tr></table>

Dear =ynthia et al:

Adam =orwarded me your note while on a plane. I wanted to let you know =hat you can feel free to cc me on all communication or email me and cc =dam, as you wish. . Adam is advising me on matters related to =uzzfeed, and so it is appropriate to communicate to both of us in this =egard. I expect he will be writing to you. In any case, I =anted to assure you that I will continue to cooperate with all your =ffices, as I have done thus far. I value the collegial relationship I =ave with all of my colleagues at ASU. I do hope Naimah's =roup has taken all of our concerns about Buzzfeed under advisement, but = also understand the requirements on the University as well. =nbsp;

Thanks for your attention to this.

Best

Lawrence Krauss

Lawrence M. Krauss

Director, The Origins Project at ASU

Co-Director,=Cosmology Initiative

Foundation =rofessor

School of Earth & Space Exploration and Physics Department Arizona State University, P.O. Box 871404, Tempe, AZ 85287-1404
Research Office: 
Assistant (Jessica): 
Origins Office (Cynthia): 
Emailto:  nbsp;

origins.asu.edu | twitter.com/lkrauss1 | krauss.faculty.asu.edu

=elebration-Be -Origins a part Project of something 10 Year 10 years in the making! April 5-9th 2018 — Visit for more info

=/div>

Begin=forwarded message:

From: =/b>Adam Waldman ████████████████████████

Subject: =/b>FW: Private and =onfidential, in response to our meeting.

Date: =/b>February 27, 2018 at 12:28:21 =M PST

To: =/b>Lawrence Krauss

Fyi
Just got back on wifi and reading =ow

Email Header Information:

*   **From:** Cynthia Jewett
*   **Date:** Tuesday, February 7, 2018, 3:21 PM
*   **To:** Adam Waldman
*   **Cc:** Naimah Saadiq, =rin Ellison

Subject: FW: Private and =onfidential, in response to our meeting.

Mr. Waldman,

Your client, Lawrence =rauss, copied me on his February 23rd email communication to the =ffice of Equity and Inclusion. I am writing to convey the =niversity's position on its responsibility to conduct =dministrative investigations into allegations of conduct that would =iolate institutional policy, if true. Because Dr. Krauss has =etained legal counsel, I am writing directly to you. You may =orward my communication on to your client. Without having first =ecured your permission, I did not think it was proper for me to copying =im on this reply.

Our=policy on the Prohibition Against Discrimination, Harassment, and =etaliation (ACD 401 https://www.asu.edu/aad/manuals/acd/acd401.html) and its =ccompanying procedures (P20 — link to the procedures is =mbedded in the policy document) directs the Office of Equity and =nclusion to conduct prompt and equitable investigations. Among =he points stated are that the Office accepts anonymous complaints as =ell as direct complaints. University employees are required to =ooperate with any investigation or allegations of violations of this =olicy. Providing false or misleading information or failing to =ooperate may result in disciplinary action. Individuals making a =omplaint or participating as a witness in an investigation cannot be =etaliated against. Any employee who engages in retaliation will =e disciplined. The Office of Equity and Inclusion does not make =ny findings until such time as it determines that it has completed its =act gathering.

Our=courts recognize that participants in an administrative investigation =ave a privilege against a defamation charge. In Paros v. =oemako Hospital, 140 Ariz. 335, 681P.2d 918 =Ct. App. Div. 2 1984), the court recognized that the employer's =esponse to a notice of charge of discrimination filed with the Equal =mployment Opportunity Commission was absolutely privileged. =n Miller =. Servicemaster by Rees, 174 Ariz. at 520, 851 P.2d =40, 243 (Ct. App. Div. 1 1993), the court recognized the existence of a =onditional privilege for employees to report perceived acts of sexual =arassment as public policy dictated that employees must be protected =rom workplace sexual harassment. Cited approvingly, Carey v. =aricopa County, 2009 WL 750225 (D. Ariz. =009). Both Paros and Miller were cases concerning =iscrimination and harassment under Title VII. In addition to its =bligations under Title VII, the University must also operate its =ducational programs and activities to be free from gender =iscrimination under Title IX.

The=Office of Equity and Inclusion will proceed with its investigation as =utlined in ACD 401and P20. The Office will not provide your client =ith its investigative file. We look forward to Dr. Krauss's=continuing cooperation. Regards,

Cynthia L. =ewett

Arizona State <u>University</u>
Cynthia =ewett Senior Arizona IM I/<mailto

Cynthia L. =ewett
Senior =ssociate General Counsel
Arizona State University
<mailto: >

- From: [name redacted] (mailto: address redacted)
- Sent: Friday, February 23, 2018 =:19 PM
- To: [recipient(s) redacted]
- Cc: [recipient(s) redacted]
- Subject: "Private and Confidential, in response to our meeting."

Dear Naimah et al:

Attached you will =ind a letter from my attorney, along with a letter he sent to Buzzfeed =arlier in this week regarding the defamatory and false story they were =lanning on printing. The story was then published yesterday =orning. I =anted to add to his letter, to reiterate our concern about how your =ffice was planning to follow up on the false and defamatory third-party =negations from Buzzfeed. Because this was initiated by an =nline entertainment news outlet with a clear agenda and established =ecord of propagating false allegations about me, rather than by any of =he individuals they refer to as sources, this should not be =onsidered a credible allegation worthy of investigation. I believe that =ur initial discussion was sufficient to settle this matter. =nbsp;Whether or not you agree with this, there are two things I think are important to establish.

Firstly, that the University should not propagate what can =e false allegations from such a source by presenting them directly to =urrent and/or former employees or to others. To do so would be to =urther their libelous agenda, as Mr Waldman has emphasized. In =his regard, I would appreciate seeing copies of the correspondence you =ight send to current or former employees about this in the process of =arrying out and concluding your investigation.

Secondly, I reiterate once again that the Origins Project =nvironment is supportive, candid, frank, honest, and productive, with =11 employees being treated with respect, as well as being supported and =entored. I am proud of our team, and I believe they feel the same =ay.

Thanks for your attention to these letters.

Lawrence Krauss

Dear Ms. Saadiq:

My name is Adam =aldman, and I am Professor Lawrence Krauss' litigation counsel. =nbsp;Earlier this week, I sent the attached letter to Buzzfeed via one =f their reporters named Peter Aldhous.

I am also in receipt of =r. Aldhous' letter to ASU, which is a variation on defamation =E2 both libel and slander — that Mr. Aldhous and his =olleagues have been manufacturing for at least 6 months (notably =ithout any reporting) in a campaign with a purpose known only to them. =nbsp;Buzzfeed's first method is to call or write third parties, =osit a list of fake, anonymous, recklessly false and malicious =E2 allegations," and ask if the third party has anything =o add. Buzzfeed's second method is to seek tortious =nterference with Professor Krauss' professional contracts, by =riting third parties with whom Professor Krauss is in privity, present = similarly inflammatory series of anonymous, recklessly false and =alicious accusations, and then question: how can the email's =ecipient allow such a person to serve on their board, or speak at their =onference? The letter from Buzzfeed to the University falls into =oth categories. There will be appropriate legal consequences for =uzzfeed's actions.

It is my =nderstanding that your office believes it is compelled by the above to =nvestigate false, defamatory, anonymous accusations posited by the =nline tabloid Buzzfeed by contacting third parties and potentially =ebroadcasting the tabloid Buzzfeed's accusations. To be =tear, these accusations were not made to the University by actual human =eings who are alleging they were victims. There is no evidence =hey were presented to Buzzfeed by actual human beings. Moreover, no =resent or former employees of ASU have made any such allegations to =our office, or to any office at ASU, to our knowledge. They are simply =Ileged by a tabloid, and one that had yet published a "story" =n the topic when they forwarded these to you. You may propose to =ebroadcast this tabloid's libel to other third parties who have also =ade no accusation against Professor Krauss. I suggest that you =onsult with the University's counsel before taking so rash a =tep as re-broadcasting hearsay defamation that came to you via an =nline tabloid under these circumstances.

Professor Krauss and I both recognize the =bsolute need to investigate real allegations. Some of the women =ho have bravely come forward with personal harassment allegations =gainst Harvey Weinstein are my clients and friends. Some of these =ictims have been advised by me. Those actual allegations are =ntirely distinct from a tabloid attempting to manufacture allegations =o create harm.

Sincerely,

Adam Waldman =nbsp;

DISCLAIMER

Confidentiality Notice: This email, =ncluding any attachments, is being sent by or on behalf of the Endeavor =roup or Endeavor Law Firm; it is confidential and may contain =nformation protected by the attorney-client and/or the attorney =ork-product privileges. If you are not the intended recipient, you are =ereby notified that any review, disclosure, copying, or distribution of =his information is unauthorized and prohibited. If you have received =his communication in error, please advise the sender immediately by =eply email and delete this message and any attachments without =etaining a copy.

IRS Circular 230 =isclosure: Any statements regarding Federal =ax law contained in this e-mail are not intended or written to be used, =nd cannot be used, for the purposes of avoiding penalties that may be =mposed under federal tax law or to market any entity, investment plan =r arrangement.

Begin forwarded message:

| Field | Value |
|---|---|
| From | Adam Waldman [redacted] |
| Date | Tuesday, February 20, 2018 at 5:42 PM |
| To | Peter Aldous [redacted] |
| Subject | Cease and Desist/Professor Lawrence =rauss |

Dear Mr. Aldous:

I am writing as litigation counsel to Professor Lawrence =rauss. It has come to my attention that you and Buzzfeed have =ngaged in an outrageous and protracted defamation campaign against =rofessor Krauss, including both libel and slander. Buzzfeed'= campaign has been malicious, undertaken with absolute reckless =isregard for the truth, and despite repeated disprovals of the =alsehoods you continue to harmfully disseminate. Your defamatory =fforts have also been undertaken, for reasons known only to you and =our colleagues, with the intention of tortiously interfering with the =ontracts of Professor Krauss, and Buzzfeed has unfortunately succeeded =n this malignant purpose. We have both testimony and documents =rom a litany of well respected third parties that provide overwhelming =vidence of your and Buzzfeed's malfeasant attacks on Professor =rauss. We are still tallying the damage.

You and Buzzfeed =ill immediately cease and desist from further defamatory statements =egarding Professor Krauss, and you and Buzzfeed will immediately cease =nd desist from any further efforts to tortiously interfere with =rofessor Krauss' contracts. If you and Buzzfeed are =nwise enough to ignore this notice to cease and desist from the actions =escribed above, the appropriate legal response will be swift. =nbsp;Notwithstanding the foregoing, all legal rights are reserved. =nbsp;

If you have more =arassing emails or any prospective communication you wish to transmit =o Professor Krauss, you are instructed to send them to me as he is now =epresented by counsel. If your or Buzzfeed's counsel, whomever =hey may be, wish to send me a letter in response to the above, be aware =hat I may, depending on its contents and because I would be obligated =o forward it to my client, consider such letter to also constitute a =rigger of the above and react accordingly. Professor Krauss has =uffered enough abuse at your hands without commensurate consequences. =nbsp;

4

Sincerely,

Adam Waldman

## DISCLAIMER

Confidentiality =otice: This email, including any attachments, is =eing sent by or on behalf of the Endeavor Group or Endeavor Law Firm; =t is confidential and may contain information protected by the =ttorney-client and/or the attorney work-product privileges. If you are =ot the intended recipient, you are hereby notified that any review, =isclosure, copying, or distribution of this information is unauthorized =nd prohibited. If you have received this communication in error, please =dvise the sender immediately by reply email and delete this message and =ny attachments without retaining a copy.

IRS Circular 230 Disclosure: Any statements regarding Federal tax law contained in =his e-mail are not intended or written to be used, and cannot be used, =or the purposes of avoiding penalties that may be imposed under federal =ax law or to market any entity, investment plan or arrangement.

<=iv class="">

Lawrence M. Krauss

Director, The Origins =roject at ASU

Co-Director, Cosmology =nitiative

Foundation =rofessor

School of Earth & Space Exploration and Physics =epartment

Arizona State <u>Universe P.O. Box</u> =71404, Tempe, AZ 85287-1404

Research Office:

Assistant (Jessica)

Origins Office (Cynthia)

kmailto

origins.asu.edu | twitter.com/lkrauss1 | krauss.faculty.asu.edu

Project Year Celebration-Be a part of something 10 =ears in the making! -Origins 10 April 5.9th 2018 — Visit for more info