Contract analysis

From: Rachel Bernstein <rbernstein@calderwoodharkness.com> To: Victoria Aldridge <valdridge@aldridgepaulsoncho.com> Date: Mon, 20 May 2024 10:47:00 -0000 Subject: Potential Referral — Government Transit Authority / BIPA Defense Matter

I hope you're doing well — it's been too long since we've crossed paths. I'm writing to give you a heads-up that a prospective client may be reaching out to your firm in the near term regarding a significant BIPA defense engagement.

Metropolitan Transit Development Corp. ("MTDC"), the government transit authority headquartered here in Chicago that operates bus, commuter rail, and paratransit services across Cook County and the collar counties, recently approached Calderwood & Harkness about representation. Unfortunately, we have a conflict of interest that prevents us from accepting the engagement. I'm not in a position to share any details rega

By way of background on the matter — and drawing only on what is publicly available — the Illinois Attorney General's Bureau of Civil Rights issued a Civil Investigative Demand to MTDC on or about April 22, 2024 (reference number CRB-2024-0417), alleging potential violations of the Biometric Information Privacy Act (740 ILCS 14/1 et seq.) and the Personal Information Protection Act (815 ILCS 530/1 et seq.) in connect

In parallel, a putative class action was filed on or about April 29, 2024, in the Circuit Court of Cook County, Chancery Division (Case No. 2024-CH-04417), on behalf of approximately 12,400 current and former MTDC employees, asserting BIPA violations and related state-law claims. Plaintiffs' class counsel is Kessler, Brandt & O'Neill LLP (Martin Kessler and Yolanda Brandt). The scope of the needed representation woul

MTDC's General Counsel is Terrence Whitfield, and he would be the primary contact. MTDC is located at 550 West Harrison Street, Suite 1400, Chicago, IL 60607. Their existing outside litigation counsel, Constance Hargrove at Hargrove, Tillman & Reese LLP, originally referred MTDC to us and may also be in touch with you. I have provided Mr. Whitfield with your contact information and a description of APC's BIPA practic

I'd suggest running a conflicts check promptly — MTDC will likely be moving quickly given pending CID response deadlines.

To be clear, this email is provided solely for referral purposes. I'm unable to share any further details beyond the publicly available information above, and Victoria, you should obtain all case-specific information directly from Mr. Whitfield.

Please don't hesitate to reach out if you have any general questions I can help with.

Rachel Bernstein Partner, Privacy & Data Security Calderwood & Harkness LLP One North Wacker Drive, Suite 4200 Chicago, IL 60606 Direct: (312) 555-0184 rbernstein@calderwoodharkness.com