Contract analysis

From: Renata Vasquez <rvasquez@calderwoodharkness.com> To: Elena Graff <egraff@thornwick.org> Cc: Grace Okenwa <gokenwa@thornwick.org> Date: Tue, 22 Oct 2024 04:47:00 -0000 Subject: PRIVILEGED AND CONFIDENTIAL — Ellender Investigation Status Update [C&H Matter No. 1029-00002]

**PRIVILEGED AND CONFIDENTIAL — ATTORNEY-CLIENT COMMUNICATION**

This email provides a status update on the independent workplace investigation into the grievances filed against Dr. Marcus Ellender, Director of Biomedical Engineering Laboratories, conducted at the direction of Thornwick Medical Research Institute ("TMRI") pursuant to our engagement letter dated September 10, 2024 (C&H Matter No. 1029-00002). Grace and Bernard are copied for continuity.

**1. Complainant Interviews — Completed**

All five complainant interviews have been completed. The interviews were conducted between September 23 and October 11, 2024. The complainants are as follows:

- Dr. Yuna Sakata, Senior Research Scientist, Lab B-2 - Trevor Hollins, Lab Technician III, Lab B-3 - Dr. Priya Chandrasekaran, Postdoctoral Fellow, Lab B-1 - Miguel Ferreira, Lab Technician II, Lab B-4 - Sandra Nix, Research Associate, Lab B-2

Each witness received the appropriate *Upjohn* advisement at the outset of their interview, clarifying that Calderwood & Harkness represents TMRI as the employer and not any individual employee, and that any privilege arising from the communication belongs to the institution. The interviews were conducted by Nadia Petrov and James Underwood of our team, with my attendance at select sessions.

**2. Corroborating-Witness Interviews — Completed**

All eight corroborating-witness interviews were conducted between October 14 and October 18, 2024. These witnesses included other laboratory personnel, Environmental Health & Safety ("EHS") staff, and administrative staff from across Labs B-1 through B-4. I will not enumerate each witness in this email, but detailed interview summaries are being compiled as attorney work product by Nadia and James and will be incorpo

**3. Document-Production Review — Completed**

The document-production review was completed on October 21, 2024. A total of 1,247 documents were collected pursuant to the litigation-hold memorandum you issued on September 13, 2024. The collection includes the following categories of materials:

- 312 email threads from Dr. Ellender's TMRI email account (date range: January 1, 2023 through September 18, 2024) - 47 safety-incident reports for Labs B-1 through B-4 covering calendar years 2022–2024 - 15 lab-notebook pages flagged for further review (Lab B-2, September–October 2023) - 28 performance-evaluation forms authored by Dr. Ellender - 6 TMRI EHS audit reports (2022–2024) - Additional scheduling records,

Our team has completed its initial relevance and privilege review of the full collection.

The interview of Dr. Marcus Ellender is confirmed for October 23–24, 2024, and will be conducted at Calderwood & Harkness's Boston office (One Federal Place, Suite 3200, Boston, MA 02110).

As you are aware, Dr. Ellender retained personal counsel on or about October 7, 2024: Rachel Whitmore, Partner (Labor & Employment) at Hadley, Brennan & Morrow LLP, 75 Ashbury Asset Advisors, Suite 1400, Boston, MA 02109. Ms. Whitmore will attend the interview as Dr. Ellender's personal counsel.

The interview will be conducted by me and Nadia Petrov. Dr. Ellender will receive the *Upjohn* advisement at the outset, consistent with the process used for all other witnesses in this investigation. Dr. Ellender remains on paid administrative leave, effective September 18, 2024, per TMRI's direction.

**5. Anticipated Timeline and Next Steps**

Following the respondent interview, the team anticipates conducting a limited number of follow-up interviews as needed to address any new information raised by Dr. Ellender or to clarify prior witness testimony.

You should expect to receive a confidential interim findings memorandum in early November 2024. That memorandum will summarize our preliminary findings and the evidentiary basis across the four categories of alleged misconduct: (1) retaliation, (2) hostile work environment, (3) safety-protocol violations, and (4) falsification or alteration of records.

The final investigative report is anticipated for delivery by late November 2024.

The investigation remains on track within the estimated budget range of $175,000–$225,000 established in the September 10, 2024 engagement letter. A more detailed budget update will accompany the interim findings memorandum.

**6. Haverford Safety Consulting Group Coordination**

We understand that TMRI has engaged Haverford Safety Consulting Group, LLC (Liam Garrett, CIH, CSP) to conduct a parallel safety-compliance audit of Labs B-1 through B-4. When Haverford's preliminary findings become available, we would ask that you share them with our team, as they may be directly relevant to our analysis of the safety-protocol violation allegations. Please route those materials through me or Bernard

**7. Reminder Regarding Privilege and Confidentiality**

As a reminder, all communications, memoranda, interview summaries, and other materials prepared in connection with this investigation are privileged and confidential and should be treated accordingly. I would ask that any distribution of investigation-related materials within TMRI be limited to those individuals with a demonstrated need to know. Please consult with me before sharing any such materials with the Board

I am happy to discuss any of the foregoing by phone at your convenience. You can reach me directly at (617) 555-0184. Nadia Petrov is also available at (617) 555-0192 should you need to reach the team in my absence.

**Renata Vasquez** Partner, Labor & Employment Calderwood & Harkness LLP One Federal Place, Suite 3200 Boston, MA 02110 Tel: (617) 555-0184 rvasquez@calderwoodharkness.com

**PRIVILEGED AND CONFIDENTIAL — ATTORNEY-CLIENT COMMUNICATION**

*CONFIDENTIALITY NOTICE: This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain information that is privileged, confidential, and exempt from disclosure under applicable law, including attorney-client privilege and attorney work product. If you are not an intended recipient, you are hereby notified that any dissemination, distribution, copying, or other use of