This post is part of Summary Judgment Motions and Evidence.
For reader convenience, I split the large Joint Appendix into its constituent parts. Below, I link to each part, and for some exhibits provide brief parenthetical remarks on importance.
Deposition Transcript of Amy Edmondson. JA Exhibit 1. 33 pages. (and more in MPSJ Reply Attachment 1, Motion for Spoliation Sanctions, and Harvard Opp to Spoliation Sanctions)
Deposition Transcript of Stuart Gilson. JA Exhibit 2. 11 pages. (and more in MPSJ Reply Attachment 4 and Harvard Opp to Spoliation Sanctions)
Deposition Transcript of Plaintiff Benjamin Edelman. JA Exhibit 3. 49 pages. (and more in Motion for Spoliation Sanctions and Harvard Opp to Spoliation Sanctions)
Deposition Transcript of Leonard Schlesinger. JA Exhibit 4. 23 pages. (and more in Motion for Spoliation Sanctions and Motion for Spoliation Sanctions)
Deposition Transcript of Paul Healy. JA Exhibit 5. 28 pages. (and more in MPSJ Reply Attachment 6 and Motion for Spoliation Sanctions)
Deposition Transcript of Angela Crispi. JA Exhibit 6. 45 pages.
Deposition Transcript of Jean Cunningham. JA Exhibit 7. 20 pages.
Deposition Transcript of Nitin Nohria. JA Exhibit 8. 35 pages.
Deposition Transcript of Josh Coval. JA Exhibit 9. 4 pages.
Deposition Transcript of Shawn Cole. JA Exhibit 10. 4 pages.
Deposition Transcript of Jeff Polzer. JA Exhibit 11. 4 pages.
FRB P&P Transmission to Faculty and Draft P&P. Deposition Exhibit 2. JA Exhibit 12. 5 pages.
HBS Policies and Procedures With Respect to Faculty Appointments and Promotions. Deposition Exhibit 5. JA Exhibit 13. 13 pages. (“green book” promotion standards)
Draft FRB Report (2015) including its attachments. Deposition Exhibit 6. JA Exhibit 14. 88 pages.
Attachments: Healy Letter to Edelman, Edmondson Letter to Edelman, Edelman Initial Submission to FRB, Edelman Personal Statement, Exhibits relating to Blinkx, Exhibits relating to restaurant emails, Exhibits relating to staff interactions.
My reply to FRB including my exhibits (not included in JA).
FRB Interview Notes (2015). Deposition Exhibit 15. JA Exhibit 15. 1 page.
Crispi Handwritten Notes from Interviewing a Witness – 10/6/17. Deposition Exhibit 18. JA Exhibit 16. 1 page.
Nohria notes. Deposition Exhibit 21. JA Exhibit 17. 1 page. (“Tenure requires a system of faculty governance…”)
FRB P&P. Deposition Exhibit 26. JA Exhibit 18. 4 pages. (digital original)
Email from Reinhardt to Edmondson- November 1, 2015 – and prior emails. Deposition Exhibit 32. JA Exhibit 19. 6 pages. (Edmondson: “unfortunately, our FRB policies give him a chance to respond”; as to Youngme Moon’s report about Edelman’s role vis-à-vis projectors, “This makes me a bit anxious”)
Email from Edmondson to Crispi and others – and prior emails. Deposition Exhibit 35. JA Exhibit 20. 3 pages. (evaluating Edelman lawsuit against American Airlines)
Email from Edmondson to Schlesinger and others – September 1, 2017. Deposition Exhibit 36. JA Exhibit 21. 2 pages. (discussing additional information the FRB requested from Edelman)
Email from Edmondson to Schlesinger and others – September 1, 2017. Deposition Exhibit 37. JA Exhibit 22. 2 pages. (discussing additional information the FRB requested from Edelman)
FRB Notes – September 4, 2015. Deposition Exhibit 41. JA Exhibit 23. 25 pages. (interviewing multiple witnesses and evaluating evidence)
Email from Reinhardt to Cunningham and others – November 1, 2015 – and prior emails. Deposition Exhibit 42. JA Exhibit 24. 5 pages. (evaluating Edmonson’s remark about “likely to face a need to revise” based on information from Moon about Edelman’s role as to projectors)
Email from Gallagher to Crispi – March 2, 2015 – and prior emails. Deposition Exhibit 44. JA Exhibit 25. 3 pages. (Oberholzer-Gee requests a demo of proposed projector change, and Gallagher tells Crispi “we can pretty reasonably predict where this is going to go”)
FRB Report (2017) including attachments. Deposition Exhibit 45. JA Exhibit 26. 52 pages.
Attachments: Edmondson Letter to Edelman, Edelman Reflection on Feedback from FRB, Other Staff and Faculty with Extended Observations Yielding Possible Insight on My Character, Response to FRB Questions – “How”, Prioritized Staff and Faculty with Extended Observations Yielding Possible Insight on My Character, Edmondson Email to Edelman (September 1, 2017), Supplemental Response to FRB (September 8, 2017).
Reply to Faculty Review Board (October 5, 2017) including Favorable Public Perception of My Prior Aviation Consumer Protection Efforts, Distinctive Interactions with Staff, Junior Colleagues, and Students.
Crispi gathering information from staff – June 28, 2017. Deposition Exhibit 46. JA Exhibit 27. 4 pages. (including criticism of a faculty member with a hearing impairment requesting Edelman’s presence to devise a classroom improvement)
Email from Edmondson to Cunningham – October 20, 2015. Deposition Exhibit 47. JA Exhibit 28. 1 page. (receiving letter excerpts that praised Edelman 16 to 1, Edmondson remarks “only one colleague expresses what we seem to have come to see… alas”)
Email from Edmondson to Reinhardt – October 23, 2015 – and earlier messages. Deposition Exhibit 49. JA Exhibit 29. 3 pages. (calling the letter excerpts “tricky” in part because only 1 of 17 “expressed real concern”, and deciding not to discuss any of the excerpts in the FRB report)
Letter from Edmondson to Edelman – July 6, 2017. Deposition Exhibit 51. JA Exhibit 30. 2 pages. (requesting additional information from Edelman about how he picks projects)
Ben Edelman – Recommended Actions – FRB Notes – December 2015. Deposition Exhibit 52. JA Exhibit 31. 1 page.
Email from Healy to Cunningham and others – August 25, 2017 – including prior emails. Deposition Exhibit 56. JA Exhibit 32. 4 pages. (Cunningham remarked that F050’s message about possible conflict of interest is “in effect an allegation” not “within the scope of the current FRB work”, that the alleged conduct does not violate the governing HBS policy, and that the same critique could be raised about other HBS faculty)
Email from Edmondson to Edelman – September 1, 2017. Deposition Exhibit 57. JA Exhibit 33. 2 pages. (requesting all of Plaintiff’s recent outside activities and work products, and a memo about how he thought about disclosures, granting four business days)
Email from Cunningham to Edmondson – July 18, 2017 – including prior emails. Deposition Exhibit 62. JA Exhibit 34. 4 pages. (assigning interviews and proposing an interview protocol)
Edmondson Notes from FRB Meeting – June 28, 2017. Deposition Exhibit 64. JA Exhibit 35. 3 pages. (first meeting of 2017)
Protocol for FRB Interviews (2017). Deposition Exhibit 65. JA Exhibit 36. 1 page.
Notes from FRB interviews of multiple witnesses. Deposition Exhibit 66. JA Exhibit 37. 6 pages.
Notes from FRB interviews of multiple witnesses. Deposition Exhibit 67. JA Exhibit 38. 2 pages.
Notes from FRB interviews of multiple witnesses. Deposition Exhibit 68. JA Exhibit 39. 6 pages.
Edmondson email to Cunningham and others – August 1, 2017 – including prior emails. Deposition Exhibit 69. JA Exhibit 40. 1 page. (reporting that one interview “wants to canonize our candidate” and another “believes him to be such a genius allowances must be made”)
FRB Notes dated November 17, 2017. Deposition Exhibit 70. JA Exhibit 41. 3 pages. (seemingly preparing remarks for Appointments Committee meeting and debriefing Schlesinger’s remarks to the Standing Committee)
Jean Cunningham Notebook Dated February-August 2015. Deposition Exhibit 72. JA Exhibit 42. 19 pages. (planning what became the FRB; in an FRB meeting, Edmondson asks “do we want this person as a senior colleague?”)
Cunningham’s Notes from FRB meeting – June 28, 2017. Deposition Exhibit 73. JA Exhibit 43. 3 pages. (first meeting of 2017)
HBS Conflict of Interest Policy. Deposition Exhibit 75. JA Exhibit 44. 4 pages.
Edelman Notes from Discussion with Healy – November 12, 2015. Deposition Exhibit 80. JA Exhibit 45. 1 page. (proposed extension to 2017)
Email from Edelman to Hall – February 1, 2016. Deposition Exhibit 81. JA Exhibit 46. 2 pages. (reporting meeting with Nohria; concern about lack of paternity leave for new fathers)
Edelman notes from Nohria call as to Appointments Committee decision – December 5, 2017. Deposition Exhibit 82. JA Exhibit 47. 2 pages. (after Nohria decision not to proceed with Edelman’s candidacy)
Email from Healy to Edelman and others – May 15, 2018 – including prior emails. Deposition Exhibit 87. JA Exhibit 48. 2 pages. (Edelman presented P&P provisions requiring an “allegation”; Healy says this did not influence many Appointments Committee members)
Email from Edelman to Lessig – December 31, 2017 – including prior emails. Deposition Exhibit 90. JA Exhibit 49. 2 pages.
Crispi gathering information from email quotes and multiple interviews. Deposition Exhibit 96. JA Exhibit 50. 29 pages.
Email from Edelman to Healy – January 24, 2017 – including prior emails. Deposition Exhibit 97. JA Exhibit 51. 2 pages.
WSJ Article: Paying Professors: Inside Google’s Academic Influence Campaign (July 14, 2017). Deposition Exhibit 99. JA Exhibit 52. 12 pages.
Exhibit Impounded. Deposition Exhibit 100. JA Exhibit 53. 1 page.
Email from Edelman to Bott – April 1, 2014. Deposition Exhibit 104. JA Exhibit 54. 2 pages. (criticizing Blinkx adware)
New York Times Article: Critic of Online Ad Firm Blinkx Is Part of the Controversy (January 31, 2014). Deposition Exhibit 106. JA Exhibit 55. 3 pages.
Faculty Conduct and the FRB (Slides). Deposition Exhibit 114. JA Exhibit 56. 9 pages. (presented to HBS faculty in a faculty meeting)
Email from Healy to Unspecified Attendees – May 14, 2015. Deposition Exhibit 116. JA Exhibit 57. 2 pages. (announcing the Standing Committee to junior faculty)
Statement from FRB about Edelman Extension – November 25, 2015. Deposition Exhibit 118. JA Exhibit 58. 2 pages. (anticipating a “second report” about Edelman in 2017)
Notes from FRB interviews of multiple witnesses. Deposition Exhibit 120. JA Exhibit 59. 11 pages.
FRB Notes of Interviewing Edelman – August 14, 2017. Deposition Exhibit 121. JA Exhibit 60. 2 pages.
Email from Edmondson to Schlesinger and others – September 1, 2017. Deposition Exhibit 123. JA Exhibit 61. 1 page.
Email from Redacted Author to Schlesinger – August 29, 2017. Deposition Exhibit 124. JA Exhibit 62. 1 page. (citing a 2015 blog as supposed criticism of a 2017 lawsuit)
Email from Schlesinger to Edmondson and others – September 7, 2017. Deposition Exhibit 125. JA Exhibit 63. 1 page. (circulating an online article criticizing Edelman)
Email from Edmondson to Gilson and others – September 7, 2017 – including prior emails. Deposition Exhibit 126. JA Exhibit 64. 2 pages. (discussing investors skeptical of Blinkx)
Interim Draft FRB Report (2017). Deposition Exhibit 128. JA Exhibit 65. 11 pages.
Interim Draft FRB Report (2017). Deposition Exhibit 129. JA Exhibit 66. 11 pages.
Addendum Summary of Standing Committee Deliberation – October 17, 2017. Deposition Exhibit 130. JA Exhibit 67. 1 page. (praising scholarship, course development and teaching; reporting Schlesinger’s remarks to Standing Committee on behalf of FRB; reporting Standing Committee vote)
Memo to Visiting Committee/BDA/AACSB – March 1, 2016. Deposition Exhibit 132. JA Exhibit 68. 8 pages. (reporting that FRB makes a recommendation to the Appointments Committee (not to the Standing Committee))
Limited Review of Edelman for Promotion to Full Professor with Tenure (Subcommittee Report) – 2015. Deposition Exhibit 135. JA Exhibit 69. 15 pages. (unanimous vote in support of Edelman’s scholarly impact)
Email from Mucciarone to Healy and others – October 2, 2015 – including prior emails. Deposition Exhibit 138. JA Exhibit 70. 2 pages. (discussing whether and how to provide FRB with relevant excerpts of letter evaluations of Plaintiff)
Email from Healy to Greschler – October 8, 2015 – including prior emails. Deposition Exhibit 139. JA Exhibit 71. 1 page. (Healy calls the letter excerpts “valuable” to share with FRB)
Notes from FRB meeting – December 10, 2015. Deposition Exhibit 140. JA Exhibit 72. 1 page. (contemplating periodic feedback to Edelman)
Notes from meeting between Crispi, Healy, and Nohria – September 27, 2016. Deposition Exhibit 141. JA Exhibit 73. 1 page. (calling for feedback to Plaintiff)
Letter from Healy to Edelman – November 23, 2015. Deposition Exhibit 143. JA Exhibit 74. 1 page. (extending Plaintiff’s appointment by two years)
Email from Healy to Edelman – January 11, 2017. Deposition Exhibit 144. JA Exhibit 75. 1 page.
Email from Healy to Edelman – January 24, 2017 – including prior emails. Deposition Exhibit 145. JA Exhibit 76. 2 pages.
Email from Redacted Author to Healy – August 17, 2017. Deposition Exhibit 147. JA Exhibit 77. 2 pages.
Email from Healy to Esty and others – October 25, 2017 – including prior emails. Deposition Exhibit 150. JA Exhibit 78. 4 pages.
Email from Edmondson to Healy and others – October 26, 2017 – including prior emails. Deposition Exhibit 155. JA Exhibit 79. 1 page.
Preamble to Edelman Reports. Deposition Exhibit 156. JA Exhibit 80. 3 pages. (Nohria’s written remarks)
Exhibit Impounded. Deposition Exhibit 157. JA Exhibit 81. 1 page.
Crispi’s Handwritten Notes – Undated. Deposition Exhibit 163. JA Exhibit 82. 2 pages. (her understanding of Edelman’s interactions with HBS staff)
Miscellaneous Events – Crispi gathering from staff. Deposition Exhibit 164. JA Exhibit 83. 4 pages. (her understanding of Edelman’s interactions with HBS staff)
Email from Crispi to Gallagher – March 2, 2015 – including prior emails. Deposition Exhibit 166. JA Exhibit 84. 3 pages. (when Crispi realizes Oberholzer-Gee will probably override the prior decision about projection changes, which she had told Edelman was final, she remarks “wish I hadn’t stuck my neck out”)
Email from Gallagher to Crispi – October 25, 2015 – including prior emails. Deposition Exhibit 167. JA Exhibit 85. 2 pages. (praising Edelman’s “balanced” contribution to a technical discussion)
Email from Oberholzer-Gee to Sebenius and others – April 12, 2015. Deposition Exhibit 168. JA Exhibit 86. 1 page. (deciding not to change MBA classrooms to make projection screen smaller)
Email from Crispi to Cunningham – July 29, 2015. Deposition Exhibit 170. JA Exhibit 87. 1 page. (gathering emails as to classroom projectors and dental insurance for certain HBS staff)
Crispi Notes from FRB Meeting – July 31, 2015. Deposition Exhibit 171. JA Exhibit 88. 1 page.
Crispi Notes about Edelman – September 22, 2016. Deposition Exhibit 173. JA Exhibit 89. 1 page.
Crispi Notes about Edelman – December 7, 2016. Deposition Exhibit 175. JA Exhibit 90. 1 page.
Email from Gallagher to Crispi – December 20, 2016 – including prior emails. Deposition Exhibit 177. JA Exhibit 91. 3 pages. (forwarding Edelman’s explanation of his tool as a prototype to evaluate whether a further improvement was prudent)
Email from Gallagher to Crispi – December 19, 2016 – including prior emails. Deposition Exhibit 178. JA Exhibit 92. 1 page. (forwarding Gallagher’s remarks to Edelman about processes to guide decision-making)
Crispi Notes – February 10, 2017. Deposition Exhibit 179. JA Exhibit 93. 1 page.
Crispi Notes about Edelman – June 28, 2017. Deposition Exhibit 182. JA Exhibit 94. 1 page.
Crispi Notes from FRB Meeting – June 28, 2017. Deposition Exhibit 183. JA Exhibit 95. 1 page. (first meeting of 2017)
Email from Edmondson to Cunningham and others – July 12, 2017 – including prior emails. Deposition Exhibit 185. JA Exhibit 96. 1 page. (circulating Edelman revised list of faculty and staff)
Prioritized Faculty and Staff with Extended Observations Yielding Possible Insight on My Character. Deposition Exhibit 186. JA Exhibit 97. 4 pages. (revised as FRB requested)
Email from Cunningham to Edmondson – July 13, 2017 – including prior emails. Deposition Exhibit 187. JA Exhibit 98. 5 pages. (interview plans)
Email from Crispi to Edmondson and others – September 23, 2017 – including prior emails. Deposition Exhibit 189. JA Exhibit 99. 1 page. (including “few additional quotes from my interviews”)
Email from Crispi to Edmondson and others – October 10, 2017 – including prior emails. Deposition Exhibit 190. JA Exhibit 100. 5 pages.
Email from Cunningham to Crispi – January 21, 2015 – including prior emails. Deposition Exhibit 193. JA Exhibit 101. 3 pages. (“launching a review process for Ben”)
Proposed Process for Faculty Colleagueship Review. Deposition Exhibit 194. JA Exhibit 102. 1 page. (“respond to the Ben Edelman situation in particular”)
Cunningham Notes when Devising FRB. Deposition Exhibit 197. JA Exhibit 103. 1 page.
Draft P&P. Deposition Exhibit 199. JA Exhibit 104. 3 pages. (in this version, “summary of the evidence gathered”)
Draft P&P. Deposition Exhibit 201. JA Exhibit 105. 4 pages.
Email from Cunningham to Edmondson and others – March 6, 2015. Deposition Exhibit 202. JA Exhibit 106. 1 page.
Draft P&P. Deposition Exhibit 203. JA Exhibit 107. 3 pages.
Edelman Notes from Discussion with Cunningham – January 16, 2008. Deposition Exhibit 204. JA Exhibit 108. 1 page. (agenda included asking what is required when serving as an attorney)
Email from Healy to Nohria – November 27, 2017. Deposition Exhibit 217. JA Exhibit 109. 2 pages. (analysis of votes)
Email from Healy to Nohria – December 5, 2017. Deposition Exhibit 218. JA Exhibit 110. 11 pages. (analysis of votes)
Nohria Notes. Deposition Exhibit 222. JA Exhibit 111. 1 page.
Email from Nohria to Edelman – January 28, 2016. Deposition Exhibit 225. JA Exhibit 112. 1 page. (next steps during extension)
Email from Nohria to Deavor – November 17, 2017. Deposition Exhibit 232. JA Exhibit 113. 1 page. (“no doubt he is an outstanding scholar in an important field”)
Email from Healy to Edelman – July 16, 2015. Document bearing the beginning Bates BGE004165. JA Exhibit 114. 1 page. (transmitting P&P)
Email from Edelman to Edmondson – November 6, 2015. Document bearing the beginning Bates BGE004537. JA Exhibit 115. 1 page. (sending reply to FRB Report)
Edelman Reply to FRB Report (2015). Document bearing the beginning Bates BGE004538. JA Exhibit 116. 26 pages.
Email from Wegner to Edelman – October 9, 2009 – including prior emails – HBS case copyright. Document bearing the beginning Bates BGE009876. JA Exhibit 117. 5 pages. (Edelman questions whether HBS has the copyright it claims; Wegner is awaiting guidance from Harvard attorneys)
Email from Wegner to Edelman – November 5, 2009 – including prior emails – HBS case copyright. Document bearing the beginning Bates BGE009886. JA Exhibit 118. 6 pages. (Edelman questions whether HBS has the copyright it claims; Wegner is awaiting guidance from Harvard attorneys)
Email from Kester to Edelman – March 11, 2010 – including prior emails – HBS case copyright. Document bearing the beginning Bates BGE009903. JA Exhibit 119. 2 pages. (reports a 1947 vote by HBS faculty to transfer case copyright to Harvard)
Email from Edelman to Kester – March 24, 2010 – including prior emails – HBS case copyright. Document bearing the beginning Bates BGE009914. JA Exhibit 120. 3 pages. (questions whether the 1947 vote binds in light of a subsequent Harvard University policy that faculty own their work products)
Email from Hall to Edelman and others – February 24, 2017 – including prior emails. Document bearing the beginning Bates BGE011394. JA Exhibit 121. 2 pages. (gathering documents)
Email from Edmondson to Edelman – September 27, 2017 – transmitting draft 2017 FRB Report. Document bearing the beginning Bates BGE011923. JA Exhibit 122. 1 page. (granting six business days for Edelman to respond)
Email from Edelman to McGinn – November 7, 2017. Deposition Exhibit 95. JA Exhibit 123. 3 pages. (reviewing prior and recent disclosures; evaluating whether disclosure was required under the COI Policy; discussing availability of P&P)
Email from Nohria to Edelman – April 24, 2018 – whether FRB followed its rules. Document bearing the beginning Bates BGE013273. JA Exhibit 124. 1 page. (in response to Edelman’s complaint, Nohria reiterated that proper process was followed)
Email from Edelman to Oberholzer-Gee and Applegate – July 31, 2016. Document bearing the beginning Bates BGE018193. JA Exhibit 125. 3 pages. (Edelman’s suggestion to improve the Canvas course management tool, HBS IT’s rejection of his suggestion, Edelman’s acceptance of that outcome)
Email from Clark to Oberholzer-Gee and others – April 17, 2017. Document bearing the beginning Bates BGE018214. JA Exhibit 126. 1 page. (ATSC notes)
Email from Edelman to MacNeill – April 26, 2007. Document bearing the beginning Bates BGE019163. JA Exhibit 127. 2 pages. (office projector)
Email from Edelman to Flaherty – May 12, 2008. Document bearing the beginning Bates BGE019181. JA Exhibit 128. 2 pages. (firewall exception)
Photo of Edelman office projector as installed. Document bearing the beginning Bates BGE019218. JA Exhibit 129. 1 page.
Photo of Edelman office projector as installed. Document bearing the beginning Bates BGE019220. JA Exhibit 130. 1 page.
HBS Conflict of Interest Policy. Document bearing the beginning Bates HBS0000031. JA Exhibit 131. 4 pages.
Letter from F029. Document bearing the beginning Bates HBS0011697. JA Exhibit 132. 4 pages.
Email from Hall to McGinn and others – September 2, 2017 – including prior emails. Document bearing the beginning Bates HBS0011916. JA Exhibit 133. 3 pages. (questioning process and timing)
Email from F030 to Nohria – February 28, 2017. Document bearing the beginning Bates HBS0014318. JA Exhibit 134. 1 page. (when and how to evaluate Edelman)
Email from F024 to Healy – June 14, 2017. Document bearing the beginning Bates HBS0014551. JA Exhibit 135. 1 page. (preparing to evaluate Edelman)
Letter from F017. Document bearing the beginning Bates HBS0014598. JA Exhibit 136. 6 pages.
Letter from F018. Document bearing the beginning Bates HBS0014699. JA Exhibit 137. 5 pages.
Letter from A014. Document bearing the beginning Bates HBS0014704. JA Exhibit 138. 5 pages.
Letter from F007. Document bearing the beginning Bates HBS0014747. JA Exhibit 139. 4 pages.
Letter from A012. Document bearing the beginning Bates HBS0014831. JA Exhibit 140. 3 pages.
Limited Review of Edelman for Promotion to Full Professor with Tenure (Subcommittee Report) – 2017. Document bearing the beginning Bates HBS0014942. JA Exhibit 141. 22 pages. (unanimous vote in support of Edelman’s scholarly impact; finding “Ben is clearly over the bar in terms of first audience (the academy), and what’s most unusual, he is also over the bar on both managerial and educator audiences”)
Letter from A034 to Greschler and Healy – October 25, 2017. Document bearing the beginning Bates HBS0015004. JA Exhibit 142. 1 page. (attaching addendum to Edelman Report)
Email from Edmondson to Healy and others – November 25, 2015. Document bearing the beginning Bates HBS0016548. JA Exhibit 143. 4 pages. (FRB remarks on Edelman extension)
Email from Adam Nash to Office of the Dean – December 10, 2014. Document bearing the beginning Bates HBS0017316. JA Exhibit 144. 1 page. (about restaurant emails)
Email from Cunningham to Esty – December 10, 2014. Document bearing the beginning Bates HBS0017324. JA Exhibit 145. 1 page.
Email from Cunningham to Edmondson and others – September 22, 2017. Document bearing the beginning Bates HBS0018576. JA Exhibit 146. 3 pages. (finalizing 2017 Report)
Email from Edelman to Edmondson and Cunningham – September 8, 2017. Document bearing the beginning Bates HBS0020559. JA Exhibit 147. 2 pages. (sending requested information)
Email from Crispi to Edmondson and others – September 23, 2017 – including prior emails. Document bearing the beginning Bates HBS0020611. JA Exhibit 148. 1 page. (including “few additional quotes from my interviews”)
Email from Edmondson to Edelman – September 27, 2017. Document bearing the beginning Bates HBS0020692. JA Exhibit 149. 1 page. (transmitting draft 2017 FRB Report)
Preliminary draft 2017 FRB Report. Document bearing the beginning Bates HBS0020774. JA Exhibit 150. 11 pages.
Email from Crispi to Edmondson and others – October 10, 2017 – including prior emails. Document bearing the beginning Bates HBS0020861. JA Exhibit 151. 5 pages.
Submitted to Appointments Committee on behalf of Benjamin Edelman for Appointment to Professor – November 16, 2017. Document bearing the beginning Bates HBS0021668. JA Exhibit 152. 3 pages. (full packet index page)
Letter from A001. Document bearing the beginning Bates HBS0021763. JA Exhibit 153. 4 pages.
Email from Nohria to Mucciarone – November 16, 2017. Document bearing the beginning Bates HBS0022730. JA Exhibit 154. 1 page. (requesting vote tally)
Email from Cunningham to Edmondson and others – March 6, 2015. Document bearing the beginning Bates HBS0022986. JA Exhibit 155. 1 page. (revising draft P&P)
Draft P&P. Document bearing the beginning Bates HBS0022987. JA Exhibit 156. 3 pages.
Draft P&P. Document bearing the beginning Bates HBS0022996. JA Exhibit 157. 3 pages. (with comments including “scope of work” “which allegations were within or out of bounds”)
Email from Edmondson to Healy and Cunningham – September 27, 2017. Document bearing the beginning Bates HBS0023241. JA Exhibit 158. 2 pages. (reporting transmission of FRB Report to Edelman)
Angela Crispi Notes from FRB Witness Interviews – September 9, 2015. Document bearing the beginning Bates HBS0023425. JA Exhibit 159. 2 pages.
Email from Crispi to Redacted Recipient – March 24, 2017. Document bearing the beginning Bates HBS0023982. JA Exhibit 160. 2 pages. (Edelman interactions with HBS IT staff)
Email from Crispi to Connolly – March 24, 2017 – including prior emails. Document bearing the beginning Bates HBS0023984. JA Exhibit 161. 1 page. (Edelman interactions with HBS IT staff)
Email from Crispi to Redacted Recipient – March 24, 2017 – including prior emails. Document bearing the beginning Bates HBS0023989. JA Exhibit 162. 2 pages. (Edelman interactions with HBS IT staff)
Email from Cunningham to Crispi and others – July 14, 2017. Document bearing the beginning Bates HBS0024291. JA Exhibit 163. 3 pages. (assigning interviews)
Email from Cunningham to DiCicco – July 17, 2017. Document bearing the beginning Bates HBS0024294. JA Exhibit 164. 3 pages. (interview task)
Email from Cunningham to Edmondson – August 23, 2017. Document bearing the beginning Bates HBS0024378. JA Exhibit 165. 3 pages. (suggesting that proposed subject is “actually outside the mandate of the current FRB review”, comparing practices of other faculty)
Email from Crispi to Cunningham – August 18, 2017. Document bearing the beginning Bates HBS0024315. JA Exhibit 166. 1 page. (prior notes)
Email from Healy to Cunningham and Edmondson – August 25, 2017. Document bearing the beginning Bates HBS0024381. JA Exhibit 167. 1 page. (disclosures)
Email from Cunningham to Healy and Edmondson – August 25, 2017 – including prior emails. Document bearing the beginning Bates HBS0024382. JA Exhibit 168. 1 page. (disclosures, comparison to standard applied to other faculty)
HBS Policy on Outside Activities of the Faculty. Document bearing the beginning Bates HBS0000009. JA Exhibit 169. 8 pages.
Email from Moon to Nohria and others – March 31, 2015. Document bearing the beginning Bates HBS0024527. JA Exhibit 170. 1 page. (possible changes to promotions process)
Email from Healy to Moon and Nohria – March 31, 2015. Document bearing the beginning Bates HBS0024741. JA Exhibit 171. 1 page. (possible changes to promotions process)
Exhibit Impounded. Document bearing the beginning Bates HBS0024831. JA Exhibit 172. 1 page.
Tally Sheets. Document bearing the beginning Bates HBS0024841. JA Exhibit 173. 56 pages. (as to promotion process changes, spring 2015)
Exhibit Impounded. Document bearing the beginning Bates HBS0024946. JA Exhibit 174. 1 page.
Amended Complaint. JA Exhibit 175. 32 pages. (digital original)
Answer to Amended Complaint. JA Exhibit 176. 18 pages.
Plaintiff’s Responses to Defendant’s First Set of Interrogatories. JA Exhibit 177. 25 pages.
Plaintiff’s Responses to Defendant’s Second Set of Interrogatories. JA Exhibit 178. 18 pages.
Defendant’s Responses and Objections to Plaintiff’s First Set of Interrogatories. JA Exhibit 179. 4 pages.
Exhibit Impounded. Defendant’s Amended Response to Plaintiff’s First Set of Interrogatories. JA Exhibit 180. 1 page.
Defendant’s Responses and Objections to Plaintiff’s Third Set of Interrogatories. JA Exhibit 181. 6 pages.
Affidavit of Benjamin Edelman. JA Exhibit 182. 100 pages. (FRB correspondence granting 6 business days to reply,
Emails and calendar entries as to interactions with Oberholzer-Gee at ATSC meetings,
Publisher web page with no disclosure versus
article with disclosure,
Correspondence with HBR editor indicating their disclosure policy,
Competition Policy International disclosure policy,
Timely and full disclosure to HBR editor,
Discussion with HBR editor about HBR IT limitations restricting disclosures,
HBR staff revised other disclosures and article text without consulting me,
Evaluations of my LCA course in 2017)
Affidavit of Nitin Nohria. JA Exhibit 183. 4 pages.
Civil Docket for Bazerman v. Am. Airlines, Inc., Case No. 1:17-cv-11297-WGY (D. Mass 2017) (as of October 24, 2025). JA Exhibit 184. 12 pages.
Additional Pages from the Deposition Transcript of Jean Cunningham. JA Exhibit 185. 3 pages.
Additional Pages from the Deposition Transcript of Angela Crispi. JA Exhibit 186. 2 pages.
Additional Exhibits from Further Briefing
excludes exhibits linked above. selected, substantive exhibits only. others included within briefing exhibits.
Plaintiff’s Reply ISO Partial Summary Judgment
Edmondson Email – September 12, 2017 – MPSJ Reply Attachment 2. (“quotes”)
Nohria Notes – MPSJ Reply Attachment 3. (“quotes”)
Memo comparing Edelman evaluation to other candidate evaluations – MPSY Reply Attachment 5. (“reviews” plural, opposing Harvard’s claim that there was a single review with two reports)
Plaintiff’s Motion for for Sanctions for Spoliation of Evidence
Letter from Harvard counsel (indicating dates on which litigation holds were put in place on email accounts of Harvard custodians)
Email from Reinhardt to Edmondson – October 25, 2015 – and prior emails (quoting Edmondson as to letter excerpts: “these quotes were largely positive” and then FRB makes no mention of them; “hope” that FRB report will “alter… the SC discussion”)
Multiple September 2017 emails as to whether and how to address the American Airlines lawsuit in the FRB’s review, and how to communicate about that with Plaintiff and with the rest of the FRB
Edelman email to Datar – July 30, 2021 (sending an attorney memorandum as to FRB violations)
Memorandum from Attorney Morris Baller – February 14, 2020 (evaluating Edelman claims)
Email and letter from Edelman to Harvard counsel – November 4, 2020 (calling for preservation, and proposing custodians and scope)
Email from Edelman to Healy – April 28, 2018 (presenting arguments as to violations of P&P)
Email and Letter from Edelman to Garber – June 19, 2018 (presenting arguments as to violations of P&P)
Email between Healy and Nohria – May 16, 2018 (discussing Edelman “preparing to go to the next level”)
Email from Edelman to Healy and Nohria – May 16, 2018 (presenting arguments as to violations of P&P)
Cunningham Email to Attorney Berkman – May 17, 2018 (forwarding Edelman arguments as to violations of P&P)
Email between Nohria and Healy – October 25, 2017 (discussing “fears that there will be a legal follow up” as to Edelman’s candidacy)
Defendant’s Opposition to Motion for Sanctions for Spoliation of Evidence
Tally Sheets as to Appointments Committee Vote – impounded
Emails Pertaining to Edelman Placement at MIT
FRB “Talking Points” in preparation for Appointments Committee discussion
Declaration of Christopher Pringle as to HBS email server configuration and data retention