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Summary of Complex
Litigation Handled by Vincent F. O'Flaherty
1) Sri Lanka Litigation
Defense of $15 million breach of contract action involving engineering
claims surrounding construction of 13 communication towers in Sri Lanka for
U.S. government. Served as lead trial counsel for contractor defendants in
three week jury trial in Fairfax County Virginia. Represented international
tower construction family of companies. Defense verdict entered in favor of
Canadian parent company. Plaintiff's verdict rendered against U.S. sub with
no assets. Successfully defended defense verdict in favor of parent company
before Virginia Supreme Court.
2) Bankruptcy Proceedings of Tower Contractor doing
Business in 50 States
Served as lead counsel for parent company during bankruptcy proceedings for
subsidiary following trial verdict. Selected local counsel in Sioux City,
Iowa for original Chapter 11 filing which was later converted to Chapter 7
liquidation. Oversaw all bankruptcy filings and coordinated attorney
involvement.
3) Fiduciary Duty Claims Against Directors and
Officers of Tower Companies
Defense of $30 million breach of fiduciary claim brought by bankruptcy
trustee against parent company and former directors of debtor. Negotiated
eventual settlement including insurance company, largest unsecured
creditors and others.
4) Missouri Tower Collapse
Trial counsel to tower companies following collapse of 2000 ft. broadcast
tower in Kirksville, Missouri. Three workers were killed. Defended numerous
suits filed in U.S. District Court for Eastern District of Missouri at St.
Louis and Adair County, Missouri. Federal case tried for one week and
settled.
5) Jackson Mississippi Tower Collapse
Lead investigation and defense counsel for tower companies following
collapse of 2000 ft. broadcast tower in Jackson, Mississippi in October,
1997. Three workers were killed. Hired all causation experts and served as
personal counsel to tower companies in OSHA and Canadian Department of
Labor investigations, negotiations with insurance carriers on business
interruption and property replacement, and representation in numerous
litigation filed in Mississippi state and federal courts.
6) Mantio North Carolina Tower Accident
Representation of tower companies in litigation following helicopter
collision with cellular tower that resulted in two deaths.
7) Texas Tower Accident
Personal counsel to tower companies involving wrongful death case from
tower accident pending in Houston, Harris County, Texas. Case eventually
settled by insurance company.
8) qServe Communications Bankruptcy
Lead trial counsel for Chapter 7 Trustee in multimillion dollar breach of
fiduciary action brought against former directors and officers, major
shareholders and founders of tower erection, maintenance and service
company qServe Communications, Inc. Case filed in United States Bankruptcy
Court, Western District of Missouri and settled on terms favorable to
trustee and unsecured creditors.
9) Morehead, Kentucky Tower Collapse
Lead counsel to tower contractor in collapse of 1300' broadcast tower in
Morehead, Kentucky. Hired engineering experts to defend subrogation action
by general contractor's insurance carrier and to pursue products liability
claims against tower designer and manufacturer for tower defects. Case
tried in United States District Court in Lexington, Kentucky. Jury verdict
entered in favor of client finding tower design and manufacture to be
defective. Successfully obtained punitive damage award in favor of client
against tower manufacturer. Jury verdict affirmed an appeal to the 6th
Circuit Court of Appeals.
10) Hemingford, Nebraska Tower Collapse
Lead counsel for tower property insurer following collapse of 2000'
broadcast tower in Hemingford, Nebraska. Participated in insurance
company's investigation into cause of collapse. Lead trial counsel in
multimillion dollar coverage litigation in United States District Court of
Nebraska. Successfully obtained judgment in client's favor at trial which
was affirmed on appeal before the 8th Circuit Court of Appeals.
11) Lake Charles, Louisiana Tower Collapse
Lead counsel for property insurer following collapse of two 1600' broadcast
towers in the Lake Charles, Louisiana area.
12) Sprint Tower Case
Representation of industrial real estate developer in action to remove
tower erected in violation of restrictive covenants. Case resolved when
Sprint removed tower.
13) Georgia Tower Collapse
Lead counsel to tower owner following collapse of 1700' broadcast tower
in Georgia. Matter resolved when new tower erected and all damage claims of
client paid.
14) North Carolina Tower Collapse
Lead counsel to tower contractor in collapse of 1000’ broadcast tower
in North Carolina. Case resolved following settlement to client.
15) Freestate Communications v. Northeast Kansas
Broadcast Services, Inc.
Lead trial counsel to individual following sale of TV station in Topeka,
Kansas. Suit alleged fraud, alter ego liability and breach of contract.
Suit dismissed against client.
Summary of Corporate Transactions Involving Tower Companies
and Assets
1) Macquarie Consortium Acquisition of Global Tower
Partners
In July, 2007 Mr. O’Flaherty was hired as co-legal counsel
by a consortium led by Macquarie Infrastructure Partners and Macquarie
Communications Infrastructure Group in its acquisition of Global Tower
Partners for an enterprise value of $1.4 Billion.
2) Berliner Communications, Inc. Acquisition of
Tower Company Assets
In 2007 Mr. O’Flaherty represented the Seller of tower
assets and operations in an $8.9 million asset sale to Berliner
Communications, Inc. The acquisition involved sale of operations in six
western states, including key locations in Los Angeles, Seattle and Las
Vegas.
3) Sale of Tower Galvanizing Facility
Mr. O’Flaherty represented the seller of a tower
galvanizing facility in Iowa for $2 million as part of a bankruptcy
liquidation.
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