Mr. O'Flaherty has been representing companies
in the tower industry throughout the United States for over eighteen years.
His extensive experience with this industry ranges from contractual
negotiations to litigation. He has served in a lead investigatory role in
tower related accidents and collapses, evaluated insurance coverages for towers, negotiated tower construction
contracts, negotiated and defended OSHA citations and assisted in
preparation of safety manuals for tower contractors.
He has led multiple tower
collapse investigations involving 2000 ft. towers in Missouri in 1988,
Mississippi in 1997, Nebraska in 2002, Louisiana in 2004 and a 1700' tower
in Georgia in 2005. He has also participated in investigating the
failures of a 1000’ tower in Kansas in 2007 and a 1000’ tower
in North Carolina in 2007. These investigations required negotiations with
federal investigators, insurance investigators, family representatives for
deceased workers, property owners who had leased equipment destroyed on the
towers, tower manufacturers, and major network affiliates and tower owners.
Several lawsuits were filed in numerous venues where he also served in the
lead role in conducting discovery and trial.
Mr. O'Flaherty's tower
work has also allowed him to serve as a liaison between tower contractors,
owners and insurance carriers, negotiating insurance coverage and other
matters. One such action led to involvement in a series of lawsuits in
North Carolina. This litigation involved the deaths of a pilot and
emergency nurse when a helicopter hit a recently constructed 300 foot
He also has advised tower
clients, both nationally and internationally regarding contractual issues
arising during the construction of large scale projects. For example, he
served as lead trial counsel in Fairfax County, Virginia in an action
involving contractual issues surrounding a 16 tower project for the Voice
of America agency in Sri Lanka.
Mr. O'Flaherty has also
participated in negotiating and selling tower related businesses and
assets. During 2007 Mr. O’Flaherty was hired as co legal counsel for
a consortium led by Macquarie Infrastructure Partners and Macquarie
Communications Infrastructure Group in its acquisition at Global Tower
Partners for an enterprise value of $1.4 billion. Also, in 2007 Mr.
O’Flaherty represented the seller of tower assets and operations in
an $8.9 million asset sale. Consequently, he has negotiated with tower
owners, manufacturers, developers, lessors, lessees, secured lenders,
bankruptcy trustees, and other interested parties in disposing of both real
property and related equipment.
He is a member of the
National Association of Broadcasters and has attended its annual meeting.
He has spoken at the national convention on his experiences involving tower
collapses. Mr. O'Flaherty also follows tower industry groups such as the
National Association of Tower Erectors. He has had articles on the tower
industry published in professional association journals.
Mr. O'Flaherty is able to
easily travel on an emergency basis to locations throughout the country in
the event of an unfortunate accident or event involving a tower or related
property. In addition, his firm has the technical ability to maintain immediate
contact with his clients at reasonable rates for his services.
Mr. O'Flaherty would be
proud to serve as a resource for your company on any tower matter. His
expertise and understanding of the legal, engineering and regulatory issues
involving towers is a powerful resource for your business.