CALDERWOOD & HARKNESS LLP One Federal Place, Suite 3200 Boston, MA 02110

CALDERWOOD & HARKNESS LLP One Federal Place, Suite 3200 Boston, MA 02110
September 16, 2024
VIA HAND DELIVERY AND EMAIL
Dr. Yuna Sakata Senior Research Scientist, Lab B-2 Thornwick Medical Research Institute 480 Kendall Avenue Cambridge, MA 02142
Re: Independent Investigation of Formal Grievance — Notification to Complainant Matter No.: 1029-00002
Dear Dr. Sakata:
I. Purpose of This Letter
I write to inform you that Calderwood & Harkness LLP ("C&H" or the "Firm") has been retained by the Thornwick Medical Research Institute ("TMRI") to conduct an independent investigation into formal grievances filed by employees of TMRI's Biomedical Engineering Laboratories. The grievances under investigation include the formal written grievance that you filed pursuant to Section 7.3 ("Grievance and Complaint Procedure") of the TMRI Employee Handbook on August 12, 2024. This investigation was formally opened on September 10, 2024, following the completion of a preliminary intake review by TMRI's Office of General Counsel and the Office of Human Resources.
The purpose of this letter is to notify you of the commencement of the investigation, to explain the investigation process, to identify the individuals who will serve as your points of contact throughout the investigation, and to set forth certain important information concerning your rights and obligations in connection with this matter. I ask that you read this letter carefully and in its entirety and that you retain it for your records.
II. Identification of Counsel and Representation
I am Renata Vasquez, a Partner in the Labor & Employment Practice Group at Calderwood & Harkness LLP. I am serving as the Responsible Partner for this engagement.
It is important that you understand the following: Calderwood & Harkness LLP has been retained by, and represents, TMRI as the employer and institution in connection with this investigation. C&H does not represent you, and you should not consider C&H to be your attorney. The attorney-client relationship in this matter exists solely between C&H and TMRI. No attorney-client relationship exists, or will be created, between C&H and you by virtue of your participation in the investigation, your communications with members of the C&H investigation team, or any other aspect of the investigation process.
Because C&H does not represent you, any communications between you and C&H — including communications during any interview conducted as part of this investigation — are not protected by an attorney-client privilege running to you. The attorney-client privilege and any work-product protections associated with the investigation belong exclusively to TMRI. TMRI, as the holder of the privilege, retains the sole authority to waive or assert those protections.
You have the right to consult with your own personal attorney at any time during the investigation process, at your own expense. You may wish to do so before your interview. The decision of whether to retain personal counsel is entirely yours, and no adverse inference will be drawn from your decision to do so or not to do so.
III. Scope of the Investigation
The investigation concerns formal grievances filed by multiple employees of the Biomedical Engineering Laboratories alleging improper supervision practices within those laboratories. The general categories of misconduct under investigation include, but are not necessarily limited to, the following:
(a) Retaliation against employees who reported safety concerns or other workplace concerns through TMRI's established reporting channels;
(b) Hostile work environment, including allegations of verbal intimidation, discriminatory scheduling practices, and the assignment of punitive or demeaning work tasks;
(c) Violations of safety protocols established by TMRI, applicable regulatory bodies, and industry standards governing the operation of biomedical research laboratories; and
(d) Falsification or alteration of workplace records, including laboratory reports, attendance records, and other documents maintained in the ordinary course of TMRI's operations.
The investigation is being conducted at the direction of TMRI's General Counsel, Elena Graff, Esq., and in coordination with TMRI's Vice President of Human Resources, Grace Okenwa. The scope of the investigation may be expanded or narrowed as the factual record develops, and C&H reserves the right to pursue any line of inquiry that it determines, in its professional judgment, to be relevant to the matters under review.
IV. Investigation Process
The investigation will include the following activities, among others as may be appropriate:
(a) Individual, confidential interviews with the complainants (i.e., the grievants), including you. Each complainant will be interviewed separately and in confidence by members of the C&H investigation team.
(b) Interviews with other relevant witnesses, including individuals who may have information bearing on the allegations set forth in the grievances, whether or not those individuals were involved in the events described.
(c) An interview with the individual who is the subject of the grievances. That individual will be afforded an opportunity to respond to the allegations raised in the course of the investigation.
(d) Collection and review of relevant documents, including but not limited to emails, memoranda, internal reports, laboratory records, scheduling records, personnel files, performance evaluations, incident reports, and other records maintained by TMRI in the ordinary course of business.
All interviews will be conducted by members of the C&H investigation team, which I supervise. The investigation is expected to proceed over the coming weeks, and C&H will endeavor to complete the investigation as promptly as thoroughness permits. I recognize that the investigation process may involve some inconvenience to you and to others, and I appreciate your patience as we work to ensure that the investigation is conducted carefully and fairly.
V. Request for Cooperation and Interview Scheduling
I respectfully request your full cooperation with the investigation, including your participation in one or more interviews with members of the C&H investigation team. As you may be aware, Section 7.3 of the TMRI Employee Handbook provides that all employees are expected to cooperate fully with internal investigations conducted by TMRI or by outside counsel retained by TMRI for that purpose. Your cooperation is essential to ensuring that the investigation is thorough, accurate, and fair to all parties.
A member of the C&H investigation team will be reaching out to you in the near future to schedule your interview at a mutually convenient time. Interviews may be conducted at C&H's Boston office at One Federal Place, Suite 3200, Boston, MA 02110, or at TMRI's Cambridge facility at 480 Kendall Avenue, Cambridge, MA 02142, as may be arranged in consultation with you.
Your primary points of contact for scheduling your interview and for any questions regarding the investigation process are:
Nadia Petrov Lead Associate, Calderwood & Harkness LLP One Federal Place, Suite 3200 Boston, MA 02110 Telephone: (617) 504-2283
Email: npetrov@calderwoodharkness.com
James Underwood Associate, Calderwood & Harkness LLP One Federal Place, Suite 3200 Boston, MA 02110 Telephone: (617) 504-2291
Email: junderwood@calderwoodharkness.com
Please do not hesitate to contact Ms. Petrov or Mr. Underwood with any questions regarding scheduling, logistics, or the investigation process generally.
VI. Confidentiality
The investigation is confidential and is being conducted under the protection of the attorney-client privilege and the attorney work-product doctrine, both of which belong exclusively to TMRI. To preserve the integrity of the investigation and to protect the interests of all parties involved, I ask that you treat the existence and substance of the investigation — including the content of any interview you may participate in, the identity of witnesses, and any documents or information disclosed to you or by you during the investigation — as confidential.
You should not discuss the substance of the investigation, including the topics addressed in any interview, with other TMRI employees unless you have been specifically authorized to do so by C&H or by TMRI's General Counsel. You may, of course, discuss the investigation with your own personal attorney, if you have retained one.
Nothing in this letter, and nothing in the investigation process, is intended to restrict, or should be construed as restricting, your right to communicate with any government agency, including but not limited to the Occupational Safety and Health Administration (OSHA), the National Institutes of Health (NIH), or any other federal, state, or local regulatory body. Similarly, nothing in this letter is intended to restrict your right to engage in any activity protected by applicable federal or state law, including but not limited to any rights you may have under the National Labor Relations Act, the Massachusetts Whistleblower Protection Act, or any other statute.
VII. Anti-Retaliation Protections
TMRI prohibits retaliation against any employee for filing a grievance, reporting misconduct, or participating in good faith in an investigation. This prohibition applies to all forms of adverse employment action, including but not limited to termination, demotion, suspension, reduction in hours, reassignment to less desirable duties, and any other action that would tend to deter a reasonable employee from engaging in protected activity.
The following protections, among others, are applicable to your circumstances:
(a) TMRI Anti-Retaliation Policy HR-2021-009. This policy, which was adopted by TMRI's Board of Directors and is applicable to all TMRI employees, expressly prohibits adverse employment actions against employees who in good faith report suspected violations of law, regulation, or TMRI policy, or who participate in any investigation of such suspected violations. A copy of this policy is available from the Office of Human Resources and is also accessible through the TMRI employee intranet.
(b) Massachusetts General Laws Chapter 149, Section 185 (the Massachusetts Whistleblower Protection Act). This statute protects employees who report or threaten to report to a supervisor or to a public body any activity, policy, or practice of the employer that the employee reasonably believes is in violation of a law or regulation, or that the employee reasonably believes poses a risk to public health, safety, or the environment. The statute also protects employees who participate in investigations, hearings, or inquiries conducted by a public body.
If you experience or become aware of any retaliatory conduct in connection with the grievance you have filed or the investigation described in this letter, you should immediately report it to one or more of the following individuals:
•  Nadia Petrov, Lead Associate, Calderwood & Harkness LLP (contact information provided above);
•  Elena Graff, General Counsel, Thornwick Medical Research Institute; or
•  Grace Okenwa, Vice President, Human Resources, Thornwick Medical Research Institute.
TMRI takes these protections seriously. Any substantiated retaliation will be addressed through appropriate corrective action, up to and including termination of the responsible individual's employment.
VIII. Document Preservation
You are hereby advised to preserve, and not to destroy, alter, discard, or otherwise dispose of, any documents, electronic files, communications, notes, photographs, or other materials that may be relevant to the grievance you have filed or to the investigation described in this letter. This obligation applies to materials in any format or medium, including paper records, electronic records stored on TMRI systems, and personal records stored on personal devices, personal email accounts, or personal cloud storage services.
TMRI's General Counsel, Elena Graff, issued a litigation-hold memorandum dated September 13, 2024, which may have been or may be separately communicated to you. You should comply fully with any instructions you have received or may receive in connection with that litigation hold. If you have not yet received a copy of the litigation-hold memorandum, please contact Ms. Graff's office or the Office of Human Resources.
If you possess any documents or materials that you believe may be relevant to the investigation — including personal notes, text messages, photographs, audio or video recordings, or any other records — please bring them to the attention of Nadia Petrov or James Underwood at the contact information provided above. You need not produce such materials at this time; rather, you should simply notify us of their existence so that we may discuss with you the appropriate manner and timing of any production.
IX. Closing
Thank you for filing your grievance and for your willingness to participate in the investigation process. C&H is committed to conducting a thorough, fair, and impartial investigation, and your cooperation is an important part of that effort. We understand that the filing of a grievance and participation in an investigation can be stressful, and we are committed to treating you with respect and professionalism throughout this process.
C&H will be in contact with you shortly to schedule your interview. In the interim, if you have any questions, concerns, or information that you wish to bring to our attention, please do not hesitate to contact Nadia Petrov or James Underwood at the telephone numbers or email addresses listed above.
Sincerely,
CALDERWOOD & HARKNESS LLP
By: ________
Renata Vasquez Partner, Labor & Employment Calderwood & Harkness LLP One Federal Place, Suite 3200 Boston, MA 02110
cc: Elena Graff, General Counsel, Thornwick Medical Research Institute Grace Okenwa, Vice President, Human Resources, Thornwick Medical Research Institute Bernard Crawford, Billing Partner, Calderwood & Harkness LLP Nadia Petrov, Lead Associate, Calderwood & Harkness LLP
Encl: None
CALDERWOOD & HARKNESS LLP One Federal Place, Suite 3200 Boston, MA 02110
September 16, 2024
VIA HAND DELIVERY AND EMAIL
Mr. Trevor Hollins Lab Technician III, Lab B-3 Thornwick Medical Research Institute 480 Kendall Avenue Cambridge, MA 02142
Re: Independent Investigation of Formal Grievance — Notification to Complainant Matter No.: 1029-00002
Dear Mr. Hollins:
I. Purpose of This Letter
I write to inform you that Calderwood & Harkness LLP ("C&H" or the "Firm") has been retained by the Thornwick Medical Research Institute ("TMRI") to conduct an independent investigation into formal grievances filed by employees of TMRI's Biomedical Engineering Laboratories. The grievances under investigation include the formal written grievance that you filed pursuant to Section 7.3 ("Grievance and Complaint Procedure") of the TMRI Employee Handbook on August 19, 2024. This investigation was formally opened on September 10, 2024, following the completion of a preliminary intake review by TMRI's Office of General Counsel and the Office of Human Resources.
The purpose of this letter is to notify you of the commencement of the investigation, to explain the investigation process, to identify the individuals who will serve as your points of contact throughout the investigation, and to set forth certain important information concerning your rights and obligations in connection with this matter. I ask that you read this letter carefully and in its entirety and that you retain it for your records.
II. Identification of Counsel and Representation
I am Renata Vasquez, a Partner in the Labor & Employment Practice Group at Calderwood & Harkness LLP. I am serving as the Responsible Partner for this engagement.
It is important that you understand the following: Calderwood & Harkness LLP has been retained by, and represents, TMRI as the employer and institution in connection with this investigation. C&H does not represent you, and you should not consider C&H to be your attorney. The attorney-client relationship in this matter exists solely between C&H and TMRI. No attorney-client relationship exists, or will be created, between C&H and you by virtue of your participation in the investigation, your communications with members of the C&H investigation team, or any other aspect of the investigation process.
Because C&H does not represent you, any communications between you and C&H — including communications during any interview conducted as part of this investigation — are not protected by an attorney-client privilege running to you. The attorney-client privilege and any work-product protections associated with the investigation belong exclusively to TMRI. TMRI, as the holder of the privilege, retains the sole authority to waive or assert those protections.
You have the right to consult with your own personal attorney at any time during the investigation process, at your own expense. You may wish to do so before your interview. The decision of whether to retain personal counsel is entirely yours, and no adverse inference will be drawn from your decision to do so or not to do so.
III. Scope of the Investigation
The investigation concerns formal grievances filed by multiple employees of the Biomedical Engineering Laboratories alleging improper supervision practices within those laboratories. The general categories of misconduct under investigation include, but are not necessarily limited to, the following:
(a) Retaliation against employees who reported safety concerns or other workplace concerns through TMRI's established reporting channels;
(b) Hostile work environment, including allegations of verbal intimidation, discriminatory scheduling practices, and the assignment of punitive or demeaning work tasks;
(c) Violations of safety protocols established by TMRI, applicable regulatory bodies, and industry standards governing the operation of biomedical research laboratories; and
(d) Falsification or alteration of workplace records, including laboratory reports, attendance records, and other documents maintained in the ordinary course of TMRI's operations.
The investigation is being conducted at the direction of TMRI's General Counsel, Elena Graff, Esq., and in coordination with TMRI's Vice President of Human Resources, Grace Okenwa. The scope of the investigation may be expanded or narrowed as the factual record develops, and C&H reserves the right to pursue any line of inquiry that it determines, in its professional judgment, to be relevant to the matters under review.
IV. Investigation Process
The investigation will include the following activities, among others as may be appropriate:
(a) Individual, confidential interviews with the complainants (i.e., the grievants), including you. Each complainant will be interviewed separately and in confidence by members of the C&H investigation team.
(b) Interviews with other relevant witnesses, including individuals who may have information bearing on the allegations set forth in the grievances, whether or not those individuals were involved in the events described.
(c) An interview with the individual who is the subject of the grievances. That individual will be afforded an opportunity to respond to the allegations raised in the course of the investigation.
(d) Collection and review of relevant documents, including but not limited to emails, memoranda, internal reports, laboratory records, scheduling records, personnel files, performance evaluations, incident reports, and other records maintained by TMRI in the ordinary course of business.
All interviews will be conducted by members of the C&H investigation team, which I supervise. The investigation is expected to proceed over the coming weeks, and C&H will endeavor to complete the investigation as promptly as thoroughness permits. I recognize that the investigation process may involve some inconvenience to you and to others, and I appreciate your patience as we work to ensure that the investigation is conducted carefully and fairly.
V. Request for Cooperation and Interview Scheduling
I respectfully request your full cooperation with the investigation, including your participation in one or more interviews with members of the C&H investigation team. As you may be aware, Section 7.3 of the TMRI Employee Handbook provides that all employees are expected to cooperate fully with internal investigations conducted by TMRI or by outside counsel retained by TMRI for that purpose. Your cooperation is essential to ensuring that the investigation is thorough, accurate, and fair to all parties.
A member of the C&H investigation team will be reaching out to you in the near future to schedule your interview at a mutually convenient time. Interviews may be conducted at C&H's Boston office at One Federal Place, Suite 3200, Boston, MA 02110, or at TMRI's Cambridge facility at 480 Kendall Avenue, Cambridge, MA 02142, as may be arranged in consultation with you.
Your primary points of contact for scheduling your interview and for any questions regarding the investigation process are:
Nadia Petrov Lead Associate, Calderwood & Harkness LLP One Federal Place, Suite 3200 Boston, MA 02110 Telephone: (617) 504-2283
Email: npetrov@calderwoodharkness.com
James Underwood Associate, Calderwood & Harkness LLP One Federal Place, Suite 3200 Boston, MA 02110 Telephone: (617) 504-2291
Email: junderwood@calderwoodharkness.com
Please do not hesitate to contact Ms. Petrov or Mr. Underwood with any questions regarding scheduling, logistics, or the investigation process generally.
VI. Confidentiality
The investigation is confidential and is being conducted under the protection of the attorney-client privilege and the attorney work-product doctrine, both of which belong exclusively to TMRI. To preserve the integrity of the investigation and to protect the interests of all parties involved, I ask that you treat the existence and substance of the investigation — including the content of any interview you may participate in, the identity of witnesses, and any documents or information disclosed to you or by you during the investigation — as confidential.
You should not discuss the substance of the investigation, including the topics addressed in any interview, with other TMRI employees unless you have been specifically authorized to do so by C&H or by TMRI's General Counsel. You may, of course, discuss the investigation with your own personal attorney, if you have retained one.
Nothing in this letter, and nothing in the investigation process, is intended to restrict, or should be construed as restricting, your right to communicate with any government agency, including but not limited to the Occupational Safety and Health Administration (OSHA), the National Institutes of Health (NIH), or any other federal, state, or local regulatory body. Similarly, nothing in this letter is intended to restrict your right to engage in any activity protected by applicable federal or state law, including but not limited to any rights you may have under the National Labor Relations Act, the Massachusetts Whistleblower Protection Act, or any other statute.
VII. Anti-Retaliation Protections
TMRI prohibits retaliation against any employee for filing a grievance, reporting misconduct, or participating in good faith in an investigation. This prohibition applies to all forms of adverse employment action, including but not limited to termination, demotion, suspension, reduction in hours, reassignment to less desirable duties, and any other action that would tend to deter a reasonable employee from engaging in protected activity.
The following protections, among others, are applicable to your circumstances:
(a) TMRI Anti-Retaliation Policy HR-2021-009. This policy, which was adopted by TMRI's Board of Directors and is applicable to all TMRI employees, expressly prohibits adverse employment actions against employees who in good faith report suspected violations of law, regulation, or TMRI policy, or who participate in any investigation of such suspected violations. A copy of this policy is available from the Office of Human Resources and is also accessible through the TMRI employee intranet.
(b) Massachusetts General Laws Chapter 149, Section 185 (the Massachusetts Whistleblower Protection Act). This statute protects employees who report or threaten to report to a supervisor or to a public body any activity, policy, or practice of the employer that the employee reasonably believes is in violation of a law or regulation, or that the employee reasonably believes poses a risk to public health, safety, or the environment. The statute also protects employees who participate in investigations, hearings, or inquiries conducted by a public body.
If you experience or become aware of any retaliatory conduct in connection with the grievance you have filed or the investigation described in this letter, you should immediately report it to one or more of the following individuals:
•  Nadia Petrov, Lead Associate, Calderwood & Harkness LLP (contact information provided above);
•  Elena Graff, General Counsel, Thornwick Medical Research Institute; or
•  Grace Okenwa, Vice President, Human Resources, Thornwick Medical Research Institute.
TMRI takes these protections seriously. Any substantiated retaliation will be addressed through appropriate corrective action, up to and including termination of the responsible individual's employment.
VIII. Document Preservation
You are hereby advised to preserve, and not to destroy, alter, discard, or otherwise dispose of, any documents, electronic files, communications, notes, photographs, or other materials that may be relevant to the grievance you have filed or to the investigation described in this letter. This obligation applies to materials in any format or medium, including paper records, electronic records stored on TMRI systems, and personal records stored on personal devices, personal email accounts, or personal cloud storage services.
TMRI's General Counsel, Elena Graff, issued a litigation-hold memorandum dated September 13, 2024, which may have been or may be separately communicated to you. You should comply fully with any instructions you have received or may receive in connection with that litigation hold. If you have not yet received a copy of the litigation-hold memorandum, please contact Ms. Graff's office or the Office of Human Resources.
If you possess any documents or materials that you believe may be relevant to the investigation — including personal notes, text messages, photographs, audio or video recordings, or any other records — please bring them to the attention of Nadia Petrov or James Underwood at the contact information provided above. You need not produce such materials at this time; rather, you should simply notify us of their existence so that we may discuss with you the appropriate manner and timing of any production.
IX. Closing
Thank you for filing your grievance and for your willingness to participate in the investigation process. C&H is committed to conducting a thorough, fair, and impartial investigation, and your cooperation is an important part of that effort. We understand that the filing of a grievance and participation in an investigation can be stressful, and we are committed to treating you with respect and professionalism throughout this process.
C&H will be in contact with you shortly to schedule your interview. In the interim, if you have any questions, concerns, or information that you wish to bring to our attention, please do not hesitate to contact Nadia Petrov or James Underwood at the telephone numbers or email addresses listed above.
Sincerely,
CALDERWOOD & HARKNESS LLP
By: ________
Renata Vasquez Partner, Labor & Employment Calderwood & Harkness LLP One Federal Place, Suite 3200 Boston, MA 02110
cc: Elena Graff, General Counsel, Thornwick Medical Research Institute Grace Okenwa, Vice President, Human Resources, Thornwick Medical Research Institute Bernard Crawford, Billing Partner, Calderwood & Harkness LLP Nadia Petrov, Lead Associate, Calderwood & Harkness LLP
Encl: None
CALDERWOOD & HARKNESS LLP One Federal Place, Suite 3200 Boston, MA 02110
September 16, 2024
VIA HAND DELIVERY AND EMAIL
Dr. Priya Chandrasekaran Postdoctoral Fellow, Lab B-1 Thornwick Medical Research Institute 480 Kendall Avenue Cambridge, MA 02142
Re: Independent Investigation of Formal Grievance — Notification to Complainant Matter No.: 1029-00002
Dear Dr. Chandrasekaran:
I. Purpose of This Letter
I write to inform you that Calderwood & Harkness LLP ("C&H" or the "Firm") has been retained by the Thornwick Medical Research Institute ("TMRI") to conduct an independent investigation into formal grievances filed by employees of TMRI's Biomedical Engineering Laboratories. The grievances under investigation include the formal written grievance that you filed pursuant to Section 7.3 ("Grievance and Complaint Procedure") of the TMRI Employee Handbook on August 26, 2024. This investigation was formally opened on September 10, 2024, following the completion of a preliminary intake review by TMRI's Office of General Counsel and the Office of Human Resources.
The purpose of this letter is to notify you of the commencement of the investigation, to explain the investigation process, to identify the individuals who will serve as your points of contact throughout the investigation, and to set forth certain important information concerning your rights and obligations in connection with this matter. I ask that you read this letter carefully and in its entirety and that you retain it for your records.
II. Identification of Counsel and Representation
I am Renata Vasquez, a Partner in the Labor & Employment Practice Group at Calderwood & Harkness LLP. I am serving as the Responsible Partner for this engagement.
It is important that you understand the following: Calderwood & Harkness LLP has been retained by, and represents, TMRI as the employer and institution in connection with this investigation. C&H does not represent you, and you should not consider C&H to be your attorney. The attorney-client relationship in this matter exists solely between C&H and TMRI. No attorney-client relationship exists, or will be created, between C&H and you by virtue of your participation in the investigation, your communications with members of the C&H investigation team, or any other aspect of the investigation process.
Because C&H does not represent you, any communications between you and C&H — including communications during any interview conducted as part of this investigation — are not protected by an attorney-client privilege running to you. The attorney-client privilege and any work-product protections associated with the investigation belong exclusively to TMRI. TMRI, as the holder of the privilege, retains the sole authority to waive or assert those protections.
You have the right to consult with your own personal attorney at any time during the investigation process, at your own expense. You may wish to do so before your interview. The decision of whether to retain personal counsel is entirely yours, and no adverse inference will be drawn from your decision to do so or not to do so.
III. Scope of the Investigation
The investigation concerns formal grievances filed by multiple employees of the Biomedical Engineering Laboratories alleging improper supervision practices within those laboratories. The general categories of misconduct under investigation include, but are not necessarily limited to, the following:
(a) Retaliation against employees who reported safety concerns or other workplace concerns through TMRI's established reporting channels;
(b) Hostile work environment, including allegations of verbal intimidation, discriminatory scheduling practices, and the assignment of punitive or demeaning work tasks;
(c) Violations of safety protocols established by TMRI, applicable regulatory bodies, and industry standards governing the operation of biomedical research laboratories; and
(d) Falsification or alteration of workplace records, including laboratory reports, attendance records, and other documents maintained in the ordinary course of TMRI's operations.
The investigation is being conducted at the direction of TMRI's General Counsel, Elena Graff, Esq., and in coordination with TMRI's Vice President of Human Resources, Grace Okenwa. The scope of the investigation may be expanded or narrowed as the factual record develops, and C&H reserves the right to pursue any line of inquiry that it determines, in its professional judgment, to be relevant to the matters under review.
IV. Investigation Process
The investigation will include the following activities, among others as may be appropriate:
(a) Individual, confidential interviews with the complainants (i.e., the grievants), including you. Each complainant will be interviewed separately and in confidence by members of the C&H investigation team.
(b) Interviews with other relevant witnesses, including individuals who may have information bearing on the allegations set forth in the grievances, whether or not those individuals were involved in the events described.
(c) An interview with the individual who is the subject of the grievances. That individual will be afforded an opportunity to respond to the allegations raised in the course of the investigation.
(d) Collection and review of relevant documents, including but not limited to emails, memoranda, internal reports, laboratory records, scheduling records, personnel files, performance evaluations, incident reports, and other records maintained by TMRI in the ordinary course of business.
All interviews will be conducted by members of the C&H investigation team, which I supervise. The investigation is expected to proceed over the coming weeks, and C&H will endeavor to complete the investigation as promptly as thoroughness permits. I recognize that the investigation process may involve some inconvenience to you and to others, and I appreciate your patience as we work to ensure that the investigation is conducted carefully and fairly.
V. Request for Cooperation and Interview Scheduling
I respectfully request your full cooperation with the investigation, including your participation in one or more interviews with members of the C&H investigation team. As you may be aware, Section 7.3 of the TMRI Employee Handbook provides that all employees are expected to cooperate fully with internal investigations conducted by TMRI or by outside counsel retained by TMRI for that purpose. Your cooperation is essential to ensuring that the investigation is thorough, accurate, and fair to all parties.
A member of the C&H investigation team will be reaching out to you in the near future to schedule your interview at a mutually convenient time. Interviews may be conducted at C&H's Boston office at One Federal Place, Suite 3200, Boston, MA 02110, or at TMRI's Cambridge facility at 480 Kendall Avenue, Cambridge, MA 02142, as may be arranged in consultation with you.
Your primary points of contact for scheduling your interview and for any questions regarding the investigation process are:
Nadia Petrov Lead Associate, Calderwood & Harkness LLP One Federal Place, Suite 3200 Boston, MA 02110 Telephone: (617) 504-2283
Email: npetrov@calderwoodharkness.com
James Underwood Associate, Calderwood & Harkness LLP One Federal Place, Suite 3200 Boston, MA 02110 Telephone: (617) 504-2291
Email: junderwood@calderwoodharkness.com
Please do not hesitate to contact Ms. Petrov or Mr. Underwood with any questions regarding scheduling, logistics, or the investigation process generally.
VI. Confidentiality
The investigation is confidential and is being conducted under the protection of the attorney-client privilege and the attorney work-product doctrine, both of which belong exclusively to TMRI. To preserve the integrity of the investigation and to protect the interests of all parties involved, I ask that you treat the existence and substance of the investigation — including the content of any interview you may participate in, the identity of witnesses, and any documents or information disclosed to you or by you during the investigation — as confidential.
You should not discuss the substance of the investigation, including the topics addressed in any interview, with other TMRI employees unless you have been specifically authorized to do so by C&H or by TMRI's General Counsel. You may, of course, discuss the investigation with your own personal attorney, if you have retained one.
Nothing in this letter, and nothing in the investigation process, is intended to restrict, or should be construed as restricting, your right to communicate with any government agency, including but not limited to the Occupational Safety and Health Administration (OSHA), the National Institutes of Health (NIH), or any other federal, state, or local regulatory body. Similarly, nothing in this letter is intended to restrict your right to engage in any activity protected by applicable federal or state law, including but not limited to any rights you may have under the National Labor Relations Act, the Massachusetts Whistleblower Protection Act, or any other statute.
VII. Anti-Retaliation Protections
TMRI prohibits retaliation against any employee for filing a grievance, reporting misconduct, or participating in good faith in an investigation. This prohibition applies to all forms of adverse employment action, including but not limited to termination, demotion, suspension, reduction in hours, reassignment to less desirable duties, and any other action that would tend to deter a reasonable employee from engaging in protected activity.
The following protections, among others, are applicable to your circumstances:
(a) TMRI Anti-Retaliation Policy HR-2021-009. This policy, which was adopted by TMRI's Board of Directors and is applicable to all TMRI employees, expressly prohibits adverse employment actions against employees who in good faith report suspected violations of law, regulation, or TMRI policy, or who participate in any investigation of such suspected violations. A copy of this policy is available from the Office of Human Resources and is also accessible through the TMRI employee intranet.
(b) Massachusetts General Laws Chapter 149, Section 185 (the Massachusetts Whistleblower Protection Act). This statute protects employees who report or threaten to report to a supervisor or to a public body any activity, policy, or practice of the employer that the employee reasonably believes is in violation of a law or regulation, or that the employee reasonably believes poses a risk to public health, safety, or the environment. The statute also protects employees who participate in investigations, hearings, or inquiries conducted by a public body.
If you experience or become aware of any retaliatory conduct in connection with the grievance you have filed or the investigation described in this letter, you should immediately report it to one or more of the following individuals:
•  Nadia Petrov, Lead Associate, Calderwood & Harkness LLP (contact information provided above);
•  Elena Graff, General Counsel, Thornwick Medical Research Institute; or
•  Grace Okenwa, Vice President, Human Resources, Thornwick Medical Research Institute.
TMRI takes these protections seriously. Any substantiated retaliation will be addressed through appropriate corrective action, up to and including termination of the responsible individual's employment.
VIII. Document Preservation
You are hereby advised to preserve, and not to destroy, alter, discard, or otherwise dispose of, any documents, electronic files, communications, notes, photographs, or other materials that may be relevant to the grievance you have filed or to the investigation described in this letter. This obligation applies to materials in any format or medium, including paper records, electronic records stored on TMRI systems, and personal records stored on personal devices, personal email accounts, or personal cloud storage services.
TMRI's General Counsel, Elena Graff, issued a litigation-hold memorandum dated September 13, 2024, which may have been or may be separately communicated to you. You should comply fully with any instructions you have received or may receive in connection with that litigation hold. If you have not yet received a copy of the litigation-hold memorandum, please contact Ms. Graff's office or the Office of Human Resources.
If you possess any documents or materials that you believe may be relevant to the investigation — including personal notes, text messages, photographs, audio or video recordings, or any other records — please bring them to the attention of Nadia Petrov or James Underwood at the contact information provided above. You need not produce such materials at this time; rather, you should simply notify us of their existence so that we may discuss with you the appropriate manner and timing of any production.
IX. Closing
Thank you for filing your grievance and for your willingness to participate in the investigation process. C&H is committed to conducting a thorough, fair, and impartial investigation, and your cooperation is an important part of that effort. We understand that the filing of a grievance and participation in an investigation can be stressful, and we are committed to treating you with respect and professionalism throughout this process.
C&H will be in contact with you shortly to schedule your interview. In the interim, if you have any questions, concerns, or information that you wish to bring to our attention, please do not hesitate to contact Nadia Petrov or James Underwood at the telephone numbers or email addresses listed above.
Sincerely,
CALDERWOOD & HARKNESS LLP
By: ________
Renata Vasquez Partner, Labor & Employment Calderwood & Harkness LLP One Federal Place, Suite 3200 Boston, MA 02110
cc: Elena Graff, General Counsel, Thornwick Medical Research Institute Grace Okenwa, Vice President, Human Resources, Thornwick Medical Research Institute Bernard Crawford, Billing Partner, Calderwood & Harkness LLP Nadia Petrov, Lead Associate, Calderwood & Harkness LLP
Encl: None
CALDERWOOD & HARKNESS LLP One Federal Place, Suite 3200 Boston, MA 02110
September 16, 2024
VIA HAND DELIVERY AND EMAIL
Mr. Miguel Ferreira Lab Technician II, Lab B-4 Thornwick Medical Research Institute 480 Kendall Avenue Cambridge, MA 02142
Re: Independent Investigation of Formal Grievance — Notification to Complainant Matter No.: 1029-00002
Dear Mr. Ferreira:
I. Purpose of This Letter
I write to inform you that Calderwood & Harkness LLP ("C&H" or the "Firm") has been retained by the Thornwick Medical Research Institute ("TMRI") to conduct an independent investigation into formal grievances filed by employees of TMRI's Biomedical Engineering Laboratories. The grievances under investigation include the formal written grievance that you filed pursuant to Section 7.3 ("Grievance and Complaint Procedure") of the TMRI Employee Handbook on August 30, 2024. This investigation was formally opened on September 10, 2024, following the completion of a preliminary intake review by TMRI's Office of General Counsel and the Office of Human Resources.
The purpose of this letter is to notify you of the commencement of the investigation, to explain the investigation process, to identify the individuals who will serve as your points of contact throughout the investigation, and to set forth certain important information concerning your rights and obligations in connection with this matter. I ask that you read this letter carefully and in its entirety and that you retain it for your records.
II. Identification of Counsel and Representation
I am Renata Vasquez, a Partner in the Labor & Employment Practice Group at Calderwood & Harkness LLP. I am serving as the Responsible Partner for this engagement.
It is important that you understand the following: Calderwood & Harkness LLP has been retained by, and represents, TMRI as the employer and institution in connection with this investigation. C&H does not represent you, and you should not consider C&H to be your attorney. The attorney-client relationship in this matter exists solely between C&H and TMRI. No attorney-client relationship exists, or will be created, between C&H and you by virtue of your participation in the investigation, your communications with members of the C&H investigation team, or any other aspect of the investigation process.
Because C&H does not represent you, any communications between you and C&H — including communications during any interview conducted as part of this investigation — are not protected by an attorney-client privilege running to you. The attorney-client privilege and any work-product protections associated with the investigation belong exclusively to TMRI. TMRI, as the holder of the privilege, retains the sole authority to waive or assert those protections.
You have the right to consult with your own personal attorney at any time during the investigation process, at your own expense. You may wish to do so before your interview. The decision of whether to retain personal counsel is entirely yours, and no adverse inference will be drawn from your decision to do so or not to do so.
III. Scope of the Investigation
The investigation concerns formal grievances filed by multiple employees of the Biomedical Engineering Laboratories alleging improper supervision practices within those laboratories. The general categories of misconduct under investigation include, but are not necessarily limited to, the following:
(a) Retaliation against employees who reported safety concerns or other workplace concerns through TMRI's established reporting channels;
(b) Hostile work environment, including allegations of verbal intimidation, discriminatory scheduling practices, and the assignment of punitive or demeaning work tasks;
(c) Violations of safety protocols established by TMRI, applicable regulatory bodies, and industry standards governing the operation of biomedical research laboratories; and
(d) Falsification or alteration of workplace records, including laboratory reports, attendance records, and other documents maintained in the ordinary course of TMRI's operations.
The investigation is being conducted at the direction of TMRI's General Counsel, Elena Graff, Esq., and in coordination with TMRI's Vice President of Human Resources, Grace Okenwa. The scope of the investigation may be expanded or narrowed as the factual record develops, and C&H reserves the right to pursue any line of inquiry that it determines, in its professional judgment, to be relevant to the matters under review.
IV. Investigation Process
The investigation will include the following activities, among others as may be appropriate:
(a) Individual, confidential interviews with the complainants (i.e., the grievants), including you. Each complainant will be interviewed separately and in confidence by members of the C&H investigation team.
(b) Interviews with other relevant witnesses, including individuals who may have information bearing on the allegations set forth in the grievances, whether or not those individuals were involved in the events described.
(c) An interview with the individual who is the subject of the grievances. That individual will be afforded an opportunity to respond to the allegations raised in the course of the investigation.
(d) Collection and review of relevant documents, including but not limited to emails, memoranda, internal reports, laboratory records, scheduling records, personnel files, performance evaluations, incident reports, and other records maintained by TMRI in the ordinary course of business.
All interviews will be conducted by members of the C&H investigation team, which I supervise. The investigation is expected to proceed over the coming weeks, and C&H will endeavor to complete the investigation as promptly as thoroughness permits. I recognize that the investigation process may involve some inconvenience to you and to others, and I appreciate your patience as we work to ensure that the investigation is conducted carefully and fairly.
V. Request for Cooperation and Interview Scheduling
I respectfully request your full cooperation with the investigation, including your participation in one or more interviews with members of the C&H investigation team. As you may be aware, Section 7.3 of the TMRI Employee Handbook provides that all employees are expected to cooperate fully with internal investigations conducted by TMRI or by outside counsel retained by TMRI for that purpose. Your cooperation is essential to ensuring that the investigation is thorough, accurate, and fair to all parties.
A member of the C&H investigation team will be reaching out to you in the near future to schedule your interview at a mutually convenient time. Interviews may be conducted at C&H's Boston office at One Federal Place, Suite 3200, Boston, MA 02110, or at TMRI's Cambridge facility at 480 Kendall Avenue, Cambridge, MA 02142, as may be arranged in consultation with you.
Your primary points of contact for scheduling your interview and for any questions regarding the investigation process are:
Nadia Petrov Lead Associate, Calderwood & Harkness LLP One Federal Place, Suite 3200 Boston, MA 02110 Telephone: (617) 504-2283
Email: npetrov@calderwoodharkness.com
James Underwood Associate, Calderwood & Harkness LLP One Federal Place, Suite 3200 Boston, MA 02110 Telephone: (617) 504-2291
Email: junderwood@calderwoodharkness.com
Please do not hesitate to contact Ms. Petrov or Mr. Underwood with any questions regarding scheduling, logistics, or the investigation process generally.
VI. Confidentiality
The investigation is confidential and is being conducted under the protection of the attorney-client privilege and the attorney work-product doctrine, both of which belong exclusively to TMRI. To preserve the integrity of the investigation and to protect the interests of all parties involved, I ask that you treat the existence and substance of the investigation — including the content of any interview you may participate in, the identity of witnesses, and any documents or information disclosed to you or by you during the investigation — as confidential.
You should not discuss the substance of the investigation, including the topics addressed in any interview, with other TMRI employees unless you have been specifically authorized to do so by C&H or by TMRI's General Counsel. You may, of course, discuss the investigation with your own personal attorney, if you have retained one.
Nothing in this letter, and nothing in the investigation process, is intended to restrict, or should be construed as restricting, your right to communicate with any government agency, including but not limited to the Occupational Safety and Health Administration (OSHA), the National Institutes of Health (NIH), or any other federal, state, or local regulatory body. Similarly, nothing in this letter is intended to restrict your right to engage in any activity protected by applicable federal or state law, including but not limited to any rights you may have under the National Labor Relations Act, the Massachusetts Whistleblower Protection Act, or any other statute.
VII. Anti-Retaliation Protections
TMRI prohibits retaliation against any employee for filing a grievance, reporting misconduct, or participating in good faith in an investigation. This prohibition applies to all forms of adverse employment action, including but not limited to termination, demotion, suspension, reduction in hours, reassignment to less desirable duties, and any other action that would tend to deter a reasonable employee from engaging in protected activity.
The following protections, among others, are applicable to your circumstances:
(a) TMRI Anti-Retaliation Policy HR-2021-009. This policy, which was adopted by TMRI's Board of Directors and is applicable to all TMRI employees, expressly prohibits adverse employment actions against employees who in good faith report suspected violations of law, regulation, or TMRI policy, or who participate in any investigation of such suspected violations. A copy of this policy is available from the Office of Human Resources and is also accessible through the TMRI employee intranet.
(b) Massachusetts General Laws Chapter 149, Section 185 (the Massachusetts Whistleblower Protection Act). This statute protects employees who report or threaten to report to a supervisor or to a public body any activity, policy, or practice of the employer that the employee reasonably believes is in violation of a law or regulation, or that the employee reasonably believes poses a risk to public health, safety, or the environment. The statute also protects employees who participate in investigations, hearings, or inquiries conducted by a public body.
If you experience or become aware of any retaliatory conduct in connection with the grievance you have filed or the investigation described in this letter, you should immediately report it to one or more of the following individuals:
•  Nadia Petrov, Lead Associate, Calderwood & Harkness LLP (contact information provided above);
•  Elena Graff, General Counsel, Thornwick Medical Research Institute; or
•  Grace Okenwa, Vice President, Human Resources, Thornwick Medical Research Institute.
TMRI takes these protections seriously. Any substantiated retaliation will be addressed through appropriate corrective action, up to and including termination of the responsible individual's employment.
VIII. Document Preservation
You are hereby advised to preserve, and not to destroy, alter, discard, or otherwise dispose of, any documents, electronic files, communications, notes, photographs, or other materials that may be relevant to the grievance you have filed or to the investigation described in this letter. This obligation applies to materials in any format or medium, including paper records, electronic records stored on TMRI systems, and personal records stored on personal devices, personal email accounts, or personal cloud storage services.
TMRI's General Counsel, Elena Graff, issued a litigation-hold memorandum dated September 13, 2024, which may have been or may be separately communicated to you. You should comply fully with any instructions you have received or may receive in connection with that litigation hold. If you have not yet received a copy of the litigation-hold memorandum, please contact Ms. Graff's office or the Office of Human Resources.
If you possess any documents or materials that you believe may be relevant to the investigation — including personal notes, text messages, photographs, audio or video recordings, or any other records — please bring them to the attention of Nadia Petrov or James Underwood at the contact information provided above. You need not produce such materials at this time; rather, you should simply notify us of their existence so that we may discuss with you the appropriate manner and timing of any production.
IX. Closing
Thank you for filing your grievance and for your willingness to participate in the investigation process. C&H is committed to conducting a thorough, fair, and impartial investigation, and your cooperation is an important part of that effort. We understand that the filing of a grievance and participation in an investigation can be stressful, and we are committed to treating you with respect and professionalism throughout this process.
C&H will be in contact with you shortly to schedule your interview. In the interim, if you have any questions, concerns, or information that you wish to bring to our attention, please do not hesitate to contact Nadia Petrov or James Underwood at the telephone numbers or email addresses listed above.
Sincerely,
CALDERWOOD & HARKNESS LLP
By: ________
Renata Vasquez Partner, Labor & Employment Calderwood & Harkness LLP One Federal Place, Suite 3200 Boston, MA 02110
cc: Elena Graff, General Counsel, Thornwick Medical Research Institute Grace Okenwa, Vice President, Human Resources, Thornwick Medical Research Institute Bernard Crawford, Billing Partner, Calderwood & Harkness LLP Nadia Petrov, Lead Associate, Calderwood & Harkness LLP
Encl: None
CALDERWOOD & HARKNESS LLP One Federal Place, Suite 3200 Boston, MA 02110
September 16, 2024
VIA HAND DELIVERY AND EMAIL
Ms. Sandra Nix Research Associate, Lab B-2 Thornwick Medical Research Institute 480 Kendall Avenue Cambridge, MA 02142
Re: Independent Investigation of Formal Grievance — Notification to Complainant Matter No.: 1029-00002
Dear Ms. Nix:
I. Purpose of This Letter
I write to inform you that Calderwood & Harkness LLP ("C&H" or the "Firm") has been retained by the Thornwick Medical Research Institute ("TMRI") to conduct an independent investigation into formal grievances filed by employees of TMRI's Biomedical Engineering Laboratories. The grievances under investigation include the formal written grievance that you filed pursuant to Section 7.3 ("Grievance and Complaint Procedure") of the TMRI Employee Handbook on September 4, 2024. This investigation was formally opened on September 10, 2024, following the completion of a preliminary intake review by TMRI's Office of General Counsel and the Office of Human Resources.
The purpose of this letter is to notify you of the commencement of the investigation, to explain the investigation process, to identify the individuals who will serve as your points of contact throughout the investigation, and to set forth certain important information concerning your rights and obligations in connection with this matter. I ask that you read this letter carefully and in its entirety and that you retain it for your records.
II. Identification of Counsel and Representation
I am Renata Vasquez, a Partner in the Labor & Employment Practice Group at Calderwood & Harkness LLP. I am serving as the Responsible Partner for this engagement.
It is important that you understand the following: Calderwood & Harkness LLP has been retained by, and represents, TMRI as the employer and institution in connection with this investigation. C&H does not represent you, and you should not consider C&H to be your attorney. The attorney-client relationship in this matter exists solely between C&H and TMRI. No attorney-client relationship exists, or will be created, between C&H and you by virtue of your participation in the investigation, your communications with members of the C&H investigation team, or any other aspect of the investigation process.
Because C&H does not represent you, any communications between you and C&H — including communications during any interview conducted as part of this investigation — are not protected by an attorney-client privilege running to you. The attorney-client privilege and any work-product protections associated with the investigation belong exclusively to TMRI. TMRI, as the holder of the privilege, retains the sole authority to waive or assert those protections.
You have the right to consult with your own personal attorney at any time during the investigation process, at your own expense. You may wish to do so before your interview. The decision of whether to retain personal counsel is entirely yours, and no adverse inference will be drawn from your decision to do so or not to do so.
III. Scope of the Investigation
The investigation concerns formal grievances filed by multiple employees of the Biomedical Engineering Laboratories alleging improper supervision practices within those laboratories. The general categories of misconduct under investigation include, but are not necessarily limited to, the following:
(a) Retaliation against employees who reported safety concerns or other workplace concerns through TMRI's established reporting channels;
(b) Ho