Dear Terrence,
Thank you again for the time you spent with me on the phone earlier this month. Please find attached our Formal Declination Letter dated May 17, 2024, regarding the proposed representation of Metropolitan Transit Development Corporation (C&H Matter No. 1031-00001). The letter explains the firm's position in full detail, but I wanted to write separately to provide some additional context and to discuss next steps.
I want to express my sincere regret that Calderwood & Harkness is unable to undertake this representation. We fully appreciate the seriousness of the matters MTDC is facing — both the Attorney General's Civil Investigative Demand (AG CID Ref. CRB-2024-0417) and the employee class action pending in Cook County (Case No. 2024-CH-04417) — and we recognize that the pending deadlines in those proceedings make MTDC's need for specialized BIPA counsel particularly time-sensitive. As set forth in the attached letter, however, the firm has identified a conflict of interest that, after careful review, we have determined is not subject to waiver under the applicable Rules of Professional Conduct. Our ethical obligations prevent me from disclosing the identity of the conflicting client or the nature of the existing engagement, and I trust you understand.
That said, I do not want to leave MTDC without a clear path forward. I would welcome the opportunity to assist you in identifying qualified alternative counsel with deep experience in BIPA defense and Illinois data-privacy enforcement matters. I have a number of colleagues in the Illinois privacy-law bar whom I would be happy to recommend, and I plan to follow up with you early next week with specific names and contact information. In the meantime, please do not hesitate to call me directly at (312) 558-4710 if you would like to discuss referral options or if there is anything else I can do to help facilitate a smooth transition to new counsel.
I have copied Constance Hargrove at Hargrove, Tillman & Reese on this message, as Constance was kind enough to facilitate MTDC's initial outreach to our firm and I want to ensure she remains in the loop. For the sake of clarity, and consistent with the attached letter, I wish to confirm that no attorney-client relationship was formed between Calderwood & Harkness LLP and Metropolitan Transit Development Corporation at any point during the intake process, and that no confidential documents or materials were exchanged between us. I wish you and the entire MTDC team the very best in resolving these matters, and I hope our paths will cross again under different circumstances.
With warm regards,
Rachel Bernstein Partner, Privacy & Data Security Calderwood & Harkness LLP One North Wacker Drive, Suite 4200 Chicago, IL 60606 Direct: (312) 558-4710 Email: rbernstein@calderwoodharkness.com
---
CONFIDENTIALITY NOTICE: This email message and any attachments are intended solely for the use of the individual or entity to whom they are addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply email and permanently delete the original message and all copies. Thank you.