William Flynn

William Flynn

Work History

Work History
Dec 2005 - Present

SVP & General Tax Counsel/ Board of Directors

Estate of Refco, Inc

Senior executive retained by the Estate of Refco, Inc. (following Refco’s petition into insolvency), the world’s largest independent futures and commodities trading firm and the 7th largest bankruptcy in American corporate history. Key player in the disposition of assets and liquidation of the Group.Functions include legal, accounting, tax and corporate governance issues.Strong interface with the three Trustees (two Chapter 11 and one Chapter 7) responsible for the administration of the Estate, the crisis management teams responsible for the Estates’ Administration (Alix Partners, Goldin Associates, Bridge Associates, Capstone Financial Advisers) and creditor groups.Responsible for management of major New York and overseas-based law and accounting firms.Manager/ Adviser on several complex multinational sales and restructuring transactions relating to the disposition of the Estates’ assets. Adviser and expert witness in several civil litigation cases.Play leading role in the investigation of complexinternational corporate fraud activities. Adviser to the Estate Executive Team and outside litigation teams on civil litigation issues.Board Member of several overseas Estate subsidiaries, including substantial operating subsidiaries in the United Kingdom which are regulated by the U.K. Financial Services Authority and which represent approximately 30% of global revenue and profit.Act as Liquidator of several Group companies overseas.

Aug 2005 - Present

Main Board Director

Pender Mutual Insurance Company

UK-domiciled global mutualized insurance carrier for telecommunications industry, having 44 Member companies and insuring $65 billion of fixed, subsea and wireless telecoms assets, providing a broad suite of insurance cover: property and casualty, business interruption, employers’ liability, etc. Leading role in guiding the company through a Scheme of Arrangement in the High Court of England and the Isle of Man including extensive consultations with senior executives of Member companies.

Feb 2000 - Jun 2004

SVP, General Counsel & Deputy Chairman of the Board

GlobeNet Communications Group

Global telecommunications group which constructed a $1 billion “state of the art” 22,000-kilometer fiber optic system providing enhanced Internet, data and voice connectivity between North and South American city centers.Also owned and operated TeleBermuda International Ltd., one of two long distance carriers in Bermuda.

Deputy Chairman of the Board, Senior Vice President & General Counsel (2000 – 2004)

Member of senior executive team with broad responsibilities for corporate governance, legal and tax matters relating to major M&A transactions, financial restructuring issues (including creditor negotiations and settlements), operational support of engineering, sales, business development and human resources.Responsible for development and execution of all litigation, government relations and regulatory strategies and the formulation and implementation of corporate governance policies.Played central role in group’s transition from private company through its Initial Public Offering and eventual sale of assets (following the group’s financial restructuring) to private equity and strategic telecom buyers in June 2003.

·Deputy Chairman, Board of Directors (2001 – 2004).

·Managed sensitive financial and corporate governance issues to protect the interests of stakeholders and strategic partners during the company’s financial restructuring and sales process.

·Formulated and directed the legal, tax and financial separation of GlobeNet from its parent (360networks, Inc.).

·Negotiated and concluded the company’s financial restructuring (avoiding insolvency proceedings) and its workout plan in collaboration with suppliers and a consortium of international investors.

·Managed teams of law firms, accounting firms and investment banks.

·Oversaw and directed the resolution of remaining litigation, inter-creditor matters and the final liquidation and dissolution of the company in May 2004.

·Successfully lobbied regulators in Florida, New Jersey, Argentina, Brazil, Bermuda and Venezuela to influence environmental regulations relating to telecommunications services and infrastructure with national territories.

Jun 1994 - Feb 2000

VP- Taxation & Commercial Contracts

Concert Communications Company, the JV of British Telecommunications and MCI

Member of the founding executive team.Worked closely with Chief Executive and Chief Financial Officers in implementing multinational joint venture infrastructure and expansion strategies.Managed team of 16 people and budget of $5 million.

·Effectively managed sensitive shareholder relationships among three major telecom partners (British Telecom, MCI and AT&T).

·Designed and implemented multinational transactions around acquisitions and the reorganization of company.Key player in setting up financial controls, complex reporting systems and treasury / insurance operations.Created and maintained a dynamic legal entity structure, delivering significant tax benefits consistent with diverse tax objectives of stakeholders.Negotiated and implemented major trading relationships between the joint venture, its shareholders and principal strategic suppliers and customers.

·Negotiated and created wholly owned subsidiaries and joint ventures in new expansion markets in North America, Europe, Latin America and Asia.

·Provided expert advice to product design and launch, customer and vendor contracts, and network designand implementation.

·Managed closure of British Telecom North America financial and tax group in San Jose, CA and integration into Virginia.Result was cost savings of $1.4 million.

1992 - 1993

Director of Taxes

Cabot Corporation

Publicly traded manufacturer of carbon black and other industrial products. Responsible for all tax matters company-wide.Professional staff of 12 and budget of $1.3 million.

·Formulated and executed worldwide corporate tax and legislative strategies.

·Formulated and implemented European tax recapitalization.

·Led resolution of tax and treasury issues arising from Latin American expansion.

1989 - 1992

Managing Director & Partner

Ardmore Advisors Limited

An entrepreneurial financial advisory and M&A firm that invests in North American and European orthopedic rehabilitation health care services and manufacturing.

·Raised $21 million in private equity funding from prominent US merchant bank to acquire a group of pediatric and sports medicine orthopedic health care patient care facilities and two manufacturing plants.

·Initiated and obtained licensing as a regulated investment advisor in the United Kingdom.

1979 - 1989

Partner- International Operations

Responsible for managing several major European client relationships.

·Played key role in the amalgamation of the firm’s overseas acquisitions into the Ernst & Young International organization during the 1980’s.

·Broad involvement and experience in cross-border technology transfers, transfer pricing, tax haven manufacturing operations, leasing, acquisitions, reorganizations, chiefly in international capital markets.

·Chairman of Board of Puerto Rico Industries and Services Association (a pharmaceutical, electronics and financial services trade association).Active in advising on legislative matters and liaising with US Congressional committees, Puerto Rican Government officials and Washington lobbying organizations.

1973 - 1979

Internal Revenue Agent- Special Investigations Division

·Conducted tax examinations on corporations, partnerships and individuals.

·Assigned to New England Organized Crime Strike Force (1977 – 1979) and teamed with other federal agencies in prosecution of organized crime figures.

·Received the Director of Internal Revenue’s Outstanding Achievement Award in 1978.

Education

Education

JD

Suffolk University Law School

MBA

BS cum laude

Boston College

Skills

Skills

Board Experience (International)

See Summaries Relating to Estate of Refco, Inc, Pender Mutual Insurance Company and GlobeNet Communcations Group

Restructurings, Workouts & Insolvencies

See Summaries Relating to the Estate of Refco, Inc,  Pender Mutual Insurance Company and GlobeNet Communications Group   Experienced adviser, manager and Board Member in Cross-Border Liquidating and Non-Liquidating Insolvencies-- principally in Global Financial Services, Insurance and Telecommunications Sectors

International Corporate & Tax Law, Complex Accounting Issues

Experienced and accomplished corporate lawyer/ MBA/ CPA with established credentials in turnaround management, international operations, IP, M&A, complex financial restructurings, and strategic joint ventures principally in global telecommunications, financial services and insurance sectors. Skilled in managing challenging regulatory/ legislative issues.  Substantial Board level experience in both regulated and unregulated international companies. Entrepreneurial and resourceful partner to senior management teams. Particularly adept at delivering client-focused practical solutions to complex legal, accounting and business execution issues on an international scale.  Strong interpersonal skills deployed in managing large client, investor, creditor and strategic customer/ vendor relationships.  Skillful and efficient manager of complex international projects with critical milestones and deadlines. Team leader to internal and external expert teams and a mentor of staff. 

Objective

To leverage on substantial experience, broad accounting, legal and tax skills and “out of the box” practical business skills, and the opportunity to demonstrate substantial value add in the resolution of challenging business issues.Particular interest in cross-border businesses, requiring seasoned operating and executive experience. Typical work scenarios would include companies undergoing or contemplating complex restructurings as well as private equity, or investment banking organizations which have such companies within their investment portfolios.

Possible interest in continuing Board service.

Summary

Experienced and accomplished corporate lawyer/ MBA/ CPA with established credentials in turnaround management, international operations, IP, M&A, complex financial restructurings, and strategic joint ventures principally in global telecommunications, financial services and insurance sectors. Skilled in managing challenging regulatory/ legislative issues.Substantial Board level experience in both regulated and unregulated international companies. Entrepreneurial and resourceful partner to senior management teams. Particularly adept at delivering client-focused practical solutions to complex legal, accounting and business execution issues on an international scale.Strong interpersonal skills deployed in managing large client, investor, creditor and strategic customer/ vendor relationships.Skillful and efficient manager of complex international projects with critical milestones and deadlines. Team leader to internal and external expert teams and a mentor of staff.

Interest

Exercise and nutrition; biking, hiking, swimming

Custom

Dual Citizenship:U.S. and Republic of Ireland (European Community)

Guest Speaker, The Jardine Lloyd Thompson Telecommunications, Media and Electronics Forum : “The Extreme Communications Environment: Managing Challenges in the Telecommunications, Media and Electronics Industries”, Lugano, Switzerland, May 2005

Co-author of three books on global telecommunications and e-commerce:

Global Telecommunications Contracts:A Handbook for Customers and Suppliers (1996)

Global Interconnection Contracts (1998)

E*Contracts (2000)

Co-Founder & Director, North American Submarine Cable Association (2001 – 2006)

Member, American, Massachusetts & Boston Bar Associations

Member, American and Massachusetts Institutes of CPAs

Member, Association of Corporate Counsel

Member, National Association of Corporate Directors

Member, Turnaround Management Association

Member, American Bankruptcy Institute

Certifications

Certifications

CPA (Not in Active Practice)

Commonwealth of Massachusetts

Attorney Admitted to Practice

Commonwealth of Massachusetts, US District Court, US Tax Court