Cynthia Krus counsels companies and alternative investment funds in their quest to grow their businesses, especially in the crucial area of raising capital. Cynthia works with management teams and boards of directors to develop strategic plans and timing for critical decisions in all aspects of their businesses, including mergers and acquisitions; proxy contests; going-private transactions; reorganizations; debt, equity and rights offerings; and other securities and capital markets transactions. She is recognized as a leading adviser to business development companies (BDCs) and small business investment companies (SBICs).
With more than 20 years working in this specialized area, Cynthia brings deep, hands-on experience to the complex issues—both legal and strategic—faced by companies. She counsels public companies in a broad range of corporate and securities matters, such as corporate governance, crisis management, whistleblower response, disclosure, executive compensation and shareholder matters.
Cynthia is the author of the Corporate Secretary’s Answer Book, which is updated annually, and frequently speaks at industry conferences on regulatory, corporate governance, and capital raising issues.
Sutherland guides publicly traded private equity fund through leveraged buyout and strategic roll-up transaction.
Sutherland advised a publicly traded BDC in its simultaneous acquisition and roll-up of 23 regional consumer products brokerage businesses, including 14 through simultaneous reverse-triangular mergers.
Sutherland represents a large BDC in shelf registration offerings.
Sutherland, as outside general counsel and securities counsel, advised Allied Capital Corporation (now part of Ares Capital Corporation), in developing a shelf registration statement that was used to raise more than $1 billion in capital over several years.
Sutherland counsels Allied Capital throughout its merger with Ares Capital.
In 2009, Allied Capital Corporation and Ares Capital Corporation—both BDCs—entered into a merger agreement, with Ares acquiring Allied. Sutherland advised Allied Capital on every aspect of the transaction, which closed in April 2010.
Awards and Rankings
Recognized by Washington, D.C. nonprofit Bread for the City as “Community Leader of the Year” (2011)
Recognized by Chambers USA: Guide to Leading Business Lawyers in the areas of corporate mergers and acquisitions and private equity (2010, 2011, 2012, 2013)
Recognized by The Legal 500 United States in the area of corporate mergers and acquisitions (2010) and mergers and acquisitions: middle-market (2011-2012); and capital markets: equity offerings (2012-2013)
Member, Advisory Board, TheCorporateCounsel.net
Former Instructor, Georgetown University Law School
Former Adjunct Professor, George Washington University