Alpharetta Development Authority approves conflict waiver for counsel on Equifax taxable bond

The Alpharetta Development Authority voted to approve a conflict-of-interest waiver to permit bond counsel from Holland & Knight to represent the authority on a taxable bond transaction involving Equifax.

The waiver, presented at the meeting, acknowledges that other attorneys at Holland & Knight represent Equifax or related entities on unrelated matters but states there is no present adverse interest in the bond transaction and that the firm must disclose if a conflict later arises. An authority member asked staff to present the measure; the body approved the waiver by vote.

Why it matters: The waiver permits the authority to keep the same bond counsel while documenting informed consent about potential conflicts. The authority’s use of outside bond counsel is central to structuring and closing taxable bond issues that support local development projects.

According to the staff presentation, the firm’s representation of Equifax in other matters creates a waivable conflict under applicable rules of professional conduct; the firm must notify the authority if any representation becomes adverse. Counsel asked the authority to authorize the chairman to sign the waiver.

The approval came after the board also adopted the consent agenda, which included routine items such as the financial management report dated March 31, 2025, and minutes from recent meetings. The consent agenda passed by electronic vote earlier in the meeting.

No additional legal authorities or conditions were imposed at the meeting; staff said the firm would be required to inform the authority if any adverse conflict developed in the future.

The authority moved on to other business after the vote; staff did not announce any immediate next steps tied to the Equifax bond beyond executing the waiver and proceeding with counsel’s engagement.