Footnotes, 8.

The Court notes that Berson described his experience of being challenged as “intimidating.” Tr. 97:24–25. Berson had not previously used the term “intimidating” to describe his experience in discovery. Tr. 117:5–7. The Court does not weigh heavily Berson’s specific use of the term “intimidating.” It otherwise credits Berson’s testimony that being challenged was frustrating, inconvenient, and discouraging. The Court also accepts Berson’s feeling that he had been accused of doing something wrong by being challenged, even if no one specifically or directly accused him of wrongdoing. Tr. 119:8–21, 130:3–4 (“[T]he challenge was—was an accusation that I had done something wrong in my eyes.”).