Contract analysis

1. INTERVIEW DATES AND LOCATION CONFIRMED The respondent interview of Dr. Marcus Ellender is confirmed for October 23–24, 2024, at the offices of Calderwood & Harkness LLP, One Federal Place, Suite 3200, Boston, MA 02110.

2. SCHEDULE Day 1 — Wednesday, October 23, 2024: - 9:30 AM – approximately 1:00 PM - Mid-morning break at approximately 11:00 AM - The session may extend to approximately 2:00 PM if additional time is needed. Day 2 — Thursday, October 24, 2024: - 9:30 AM – approximately 12:30 PM - It is possible the session may conclude earlier depending on the progress made on Day 1. Reasonable breaks will be provided throughout bot

3. RECORDING Calderwood & Harkness does not intend to make an audio or video recording of the interview. A court reporter will not be present. Our attorneys will take contemporaneous notes during the interview, which will form the basis of attorney work-product interview summaries prepared in connection with the investigation.

4. DOCUMENTS As noted in my initial correspondence, we may present certain documents to Dr. Ellender during the interview for his review and comment. These may include, but are not limited to, email communications, safety-incident reports, and lab-notebook pages relevant to the matters under investigation. Consistent with standard investigation practice, we are not in a position to share all documents with counsel in

5. SCOPE OF INTERVIEW I want to reaffirm that the interview will be limited to the scope of the investigation as set forth in the investigation-notification letter dated September 16, 2024. That scope encompasses allegations of retaliation, hostile work environment, safety-protocol violations, and falsification or alteration of records in the Biomedical Engineering Laboratories. We will endeavor to conduct the interv

6. RESERVATION OF RIGHTS AND UPJOHN WARNING We acknowledge your reservation of rights on behalf of Dr. Ellender as set forth in your email. As discussed, the Upjohn warning will be administered verbally at the outset of the interview on October 23 before any substantive questioning begins. That warning will confirm, among other things, that Calderwood & Harkness LLP represents Thornwick Medical Research Institute and

7. BUILDING ACCESS AND LOGISTICS Upon arrival, please check in at the lobby security desk on the ground floor of One Federal Place. You will need to present a valid government-issued photo identification. Security will direct you to the elevators serving the 32nd floor. When you arrive at our reception area, our receptionist will escort you and Dr. Ellender to the reserved conference room. Complimentary parking valid

8. CONTACT INFORMATION Should any day-of logistical issues arise, please do not hesitate to reach me directly: - Office: (617) 555-0148 - Cell: (617) 555-0193 - Email: npetrov@calderwoodharkness.com Ms. Vasquez is also available if needed and can be reached at (617) 555-0112 or rvasquez@calderwoodharkness.com. Thank you again for your cooperation and your prompt responses throughout this scheduling process. We look f

1. Schedule/Agenda: Could you please provide an estimated schedule or agenda for each day, including anticipated start times, end times, and planned break intervals?

2. Recording: Does Calderwood & Harkness intend to make an audio or video recording of the interview? Will a court reporter be present? I request advance notice of any such arrangements.

3. Documents: I understand that C&H may present certain documents to Dr. Ellender during the interview for his review and comment. I respectfully request that any such documents be shared with counsel in advance of the interview to the extent practicable. At a minimum, I ask that counsel be given the opportunity to review any documents with Dr. Ellender before he is asked to comment on them. LITIGATION HOLD COMPLIANC

1. This investigation is being conducted at the direction of and on behalf of Thornwick Medical Research Institute as Dr. Ellender's employer.

2. Calderwood & Harkness LLP represents TMRI in this matter. Calderwood & Harkness does not represent Dr. Ellender, and no attorney-client relationship exists or will be formed between Calderwood & Harkness and Dr. Ellender by virtue of his participation in this interview or in the investigation generally.

3. The attorney-client privilege with respect to this investigation belongs to TMRI, not to Dr. Ellender individually. TMRI, as the holder of the privilege, may choose to waive the privilege and disclose the substance or contents of the interview at its sole discretion.

4. At the outset of the interview, we will provide Dr. Ellender with a verbal Upjohn warning (sometimes referred to as a corporate-Miranda admonition) confirming the points set forth in paragraphs 1–3 above and ensuring that Dr. Ellender understands the nature of the representation and the privilege before any substantive questioning begins.

5. Dr. Ellender is expected to cooperate fully and in good faith with this investigation, consistent with his obligations under the TMRI Employee Handbook § 7.3.

6. You are welcome to attend the interview in your capacity as Dr. Ellender's personal counsel. We respectfully request, however, that counsel's role during the interview be limited to advising Dr. Ellender and that counsel refrain from directing, coaching, or otherwise obstructing the interview process. Dr. Ellender should respond to questions in his own words based on his own knowledge and recollection. DOCUMENTS D