Cynthia M. Krus

Cynthia M. Krus: Attorney with Eversheds Sutherland (US) LLP
  • Partner at Eversheds Sutherland (US) LLP (436 Attorneys)
  • 700 Sixth Street NW, Suite 700, Washington, DC 20001-3980
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Biography

Cynthia Krus counsels companies and alternative investment funds in their quest to grow their businesses, especially in the crucial area of raising capital. She also 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).

Cynthia currently serves as the Executive Partner of Eversheds Sutherland (US), and is on the Global Executive Management Team and the Global Board for Eversheds Sutherland Ltd. In addition to being responsible for the day-to-day management of Eversheds Sutherland (US), Cynthia focuses on the integration efforts of the firm’s practice groups with the global legal practice, and the firms’ operational integration.

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.

Client Tools

•Crisis Response & Incident Investigation

Clerkships

Honorable Robert J. Klees, Court of Appeals - Louisiana, Fourth Circuit.

Experience

“Helping BDCs and SBICs access the markets in an effective and efficient manner has been the most rewarding and challenging part of my practice.”

Experience

Guided publicly traded private equity fund through leveraged buyout and strategic roll-up transaction.
Represented a large BDC in shelf registration offerings.
Represented a small business lender in SEC, DOJ and USDA investigations into alleged improper lending practices and financial reporting.
Counseled Allied Capital throughout its merger with Ares Capital.
Advised Allied Capital in Emporia Capital asset purchase.
Represented several financial institutions in BlackRock Kelso secondary offering, raising $84.4 million.
Assisted PennantPark Investment Corporation in its application for two SBIC licenses.
Assisted Fifth Street Finance Corp. in its application for two SBIC licenses.
Advised Spectrum Brands in its merger with Russell Hobbs Inc. and in multiple M&A deals worldwide.
Represented New York-based business development company in $175 million private placement.
Represented Hercules Technology Growth Capital in capital raising.
Helped in the development of a $750 million nontraded business development company.
Advised Fortune 50 company on corporate governance.
Advised leading financial services firm on corporate governance.

Publications

“A critical aspect of securities and corporate law today is anticipating the regulatory environment a company will have to operate under in the future.”

Legal Alerts

Legal Alert: Not so FAST - SEC passes rules to implement FAST Act provisions (March 29, 2019)
On March 20, 2019, the SEC adopted rules (the Rules) to implement certain provisions of the FAST Act. The omnibus highway bill called “Fixing America’s Surface Transportation Act” or the “FAST Act,” ...

Legal Alert: SEC proposes offering reforms for business development companies and registered closed-end funds (March 21, 2019)
On Wednesday, March 20, the Securities and Exchange Commission voted to propose rule amendments to implement certain provisions of the Small Business Credit Availability Act and the Economic Growth, ...

Legal Alert: And now for some good news-SEC no-action position provides limited relief for fund in-person voting requirements (March 14, 2019)
Introduction On February 28, 2019, the Chief Counsel’s Office of the Securities and Exchange Commission’s Division of Investment Management issued a letter stating its no-action position regarding ...

Legal Alert: SEC proposes to expand “testing-the-waters” provisions to all issuers (February 25, 2019)
Overview On February 19, 2019, the Securities and Exchange Commission (SEC) announced a proposal to expand the “testing-the-waters” exemption to all issuers. Currently the exemption is limited to ...

Legal Alert: Fund of funds flexibility - What’s important to BDCs and closed-end funds in the SEC’s rule proposal, including a request for comments on AFFE (January 14, 2019)
On December 19, 2018, the US Securities and Exchange Commission (SEC) issued a release (the Release) proposing new rule 12d1-4 (the Proposed Rule) and related amendments to streamline and enhance the ...

Legal Alert: The New York State Department of Financial Services issues guidance on corporate whistleblowing programs (January 14, 2019)
On January 7, 2019, the New York State Department of Financial Services (DFS or the “Department”) issued guidance regarding internal whistleblowing programs, calling a “robust” whistleblowing program ...

Legal Alert: SEC operating status during the government shutdown (January 2, 2019)
The US Securities and Exchange Commission (SEC) will follow its Operations Plan Under a Lapse in Appropriations and Government Shutdown (the Operations Plan) during the government shutdown, which ...

Legal Alert: Considerations for the 2019 proxy season (December 21, 2018)
Companies preparing for their annual shareholder meetings will need to consider a variety of factors, including new Securities and Exchange Commission (SEC) requirements, guidance from Institutional ...

Legal Alert: SEC fines BDC investment adviser for misallocation of expenses and valuation failures (December 12, 2018)
On December 3, 2018, the Securities and Exchange Commission (the SEC) entered an order (the Order) to settle charges arising out of an enforcement action against Fifth Street Management, LLC (FSM). ...

Legal Alert: SEC approves amendment to Nasdaq 20% rule to relax the market value test (October 17, 2018)
The US Securities and Exchange Commission (SEC) has approved an amendment to Nasdaq Rule 5635(d), also known as the “20% Rule,” to modify the situations in which a company must obtain shareholder ...

Articles

Make Annual Meetings Great Again: Have the Robots Taken Over? (February 2019)
The Investment Lawyer
In their article for The Investment Lawyer, Eversheds Sutherland attorneys Cynthia Krus and Adam Park explore the regulatory underpinnings of the issues facing the proxy advisory industry and the ...

Subsidiary oversight - an evolving standard of care for directors? (Summer 2018)
Partnering Perspectives
Subsidiary governance is a growing challenge for the directors of both multinational organizations and domestic organizations with foreign assets. In their article for the Summer 2018 edition of ...

A Primer on Private Business Development Companies (May 23, 2018)
Law360
Financial sponsors and investors are seeking alternative investment products through which they can access the capital markets. The private business development company, or BDC, is one such ...

Will The Volcker Rule Make BDCs More Popular? (April 30, 2014)
Law360
A seemingly unknown investment vehicle until about 10 years ago, business development companies (BDCs) are becoming more attractive and are beginning to make waves in the financing world, ...

Business Development Companies: The “New” Investment Vehicle of Choice Post-Volcker? (March 2014)
The Investment Lawyer
In their article, “Business Development Companies: The “New” Investment Vehicle of Choice Post-Volcker?” published in The Investment Lawyer, Sutherland partner Cynthia M. Krus and counsel Lisa A. ...

Board Diversity: Who Has a Seat at the Table? (March 1, 2012)
Reprinted with permission from The Corporate Governance Advisor

Crisis Management Preparedness (Winter 2011)
Partnering Perspectives

Blowing the Whistle: New SEC Rules Set the Stage for Increased Reporting of Potential Securities Law Violations (September/October 2011)
Reprinted with permission from Practical Compliance & Risk Management For The Securities Industry

Investors Drawn to Specialty Lenders (April 1, 2011)
Investment Dealer’s Digest

U.S. Structured Credit Roundtable: Business Development Companies Find Common Ground with Middle-Market CLOs (December 22, 2010)
Reprinted with permission from Standard & Poor's

Newsletters

Partnering Perspectives: Insights from Inside and Outside the Corporate Law Department (Summer 2018)
We are pleased to present the Summer 2018 edition of Partnering Perspectives, which focuses on a number of developing legal issues as well as offers insight on the value to clients of partnering with ...

Publicly Traded Private Equity Regulatory Review (April 2009)

Publicly Traded Private Equity Regulatory Review (November 2008)

Publicly Traded Private Equity Regulatory Review (June 2008)

Books

Corporate Secretary's Answer Book (Updated Annually)
Aspen Publishers
The latest edition of the Corporate Secretary's Answer Book is available now. To request a copy, please contact [email protected]

Clearing the Hurdles: How to Prepare for the New Corporate Governance Environment (2006)
Inside the Minds: Winning Legal Strategies for Corporate Governance, Aspatore Books

Mergers and Acquisitions (2002)
Capstone Publishing

Ten Tips When Faced With A Sell The Company Shareholder Proposal (November 2001)
Appendix A-15, Shareholder Proposal Handbook

Presentations

“Traversing the corporate landscape in today’s regulatory environment takes careful planning-the wrong decision can have significant ramifications.”

Presentations

Webcast: A Primer on Private BDCs (March 13, 2018)
On March 13, 2018, the Eversheds Sutherland Capital Markets and Investments team hosted a webcast on private business development companies (BDCs). The webcast included an overview on: The ...

Webcast: What is a SPAC? (February 1, 2018)
Eversheds Sutherland (US) partners Cynthia M. Krus and Vlad M. Bulkin host a webcast What is a SPAC? The virtual event originally held on February 1, 2018, provides an overview on Special Purpose ...

Podcast: Quick Call: Legislative and Tax Reforms - What This Could Mean for Business Development Companies (November 6, 2017)

Webcast: A Primer on Registered Closed-End Funds, Specifically Interval Funds (October 19, 2017)
Eversheds Sutherland (US) attorneys Cynthia Krus, Cynthia Beyea and Payam Siadatpour present, “A Primer on Registered Closed-End Funds, Specifically Interval Funds,” a webcast on October 19, 2017. ...

Thought Leadership Forum for BDCs and Other Specialty Finance Institutions (October 12, 2017)
KPMG
Eversheds Sutherland (US) Executive Partner Cynthia M. Krus will participate on a panel on corporate governance matters during KPMG’s Thought Leadership Forum for BDCs and Other Specialty Finance ...

2017 Executive Leadership Forum: Building Business Acumen & Mastering Leadership Moments of Truth (October 10-12, 2017)
Women, Influence, and Power in Law Conference
Eversheds Sutherland (US) Partner Cynthia Krus is the keynote speaker at the 2017 Executive Leadership Forum: Building Business Acumen & Mastering Leadership Moments of Truth during the Women, ...

Podcast: Quick Call: BDC Industry Update (November 17, 2016)
Sutherland attorneys Cynthia Krus, Harry Pangas, David Roby, and William Watts present their bi-monthly roundup of recent BDC industry developments. The call will include:The new Form ADV ...

Webcast: BDC/REIT Activism: Are you an activist target? (December 9, 2015)
Alliance Advisors
Sutherland Partner Cynthia Krus presents BDC/REIT Activism: Are you an activist target? a webcast hosted by Alliance Advisors on December 9, 2015. Discussion topics include:Why has ...

Podcast: Quick Call: BDC Industry Update (November 17, 2015)
Please join Sutherland’s BDC Team for our bi-monthly roundup of recent BDC industry developments, including SEC staff positions and interpretations and other updates of interest. The call will ...

Women, Influence & Power in Law Conference (October 28, 2015 - October 30, 2015)
Sutherland sponsors the Women, Influence & Power in Law Conference on October 28-30, 2015, at The Capital Hilton in Washington, DC. Sutherland Partner Cynthia Krus presents Boards & Governance - ...

News

In the News

SEC Considers Changes to Controversial Disclosure as Part of Funds-of-Funds Reforms (January 14, 2019)
Fund Intelligence
Eversheds Sutherland Partners Cynthia Beyea and Cynthis Krus are quoted in this Fund Intelligence article discussing the Security and Exchange Commission’s (SEC) possible change of a contentious 2007 ...

Company IPOs threatened as shutdown shutters SEC (January 2, 2019)
Politico
Eversheds Sutherland Partner Cynthia Krus is quoted in this Politico article discussing the delay in IPOs caused by the federal government shutdown and the difficulties private companies wishing to ...

California Law Puts Women on Corporate Boards, Not Funds (October 23, 2018)
BoardIQ
Eversheds Sutherland Partner Cynthia Krus is quoted in this BoardIQ article discussing the new law requiring public companies based in California to have at least one female director on their boards ...

Taking Advantage of Opportunity Zone Investments for Tax Breaks Requires High Risk Tolerance (October 22, 2018)
InvestmentNews
Eversheds Sutherland Partner Cynthia Krus is quoted in this InvestmentNews article regarding the recently released Internal Revenue Service (IRS) regulations for opportunity zone tax incentives. The ...

US Debt: Which BDCs Stand the Best Chance of Going Public? (September 1, 2017)
Private Debt Investor
Eversheds Sutherland Executive Partner Cynthia Krus is quoted in this Private Debt Investor article regarding the possibility of more business development companies (BDCs) going public in the coming ...

The Year BDCs Go Public Again (June 22, 2017)
Private Debt Investor
Eversheds Sutherland (US) Partner Cynthia Krus is quoted in this Private Debt Investor article regarding the reasons more business development companies (BDC) may be going public. “I do think that ...

People on the Move - Cynthia Krus (June 6, 2017)
Washington Business Journal
Cynthia Krus is mentioned in this Washington Business Journal article for being elected to serve as Eversheds Sutherland (US)’s Executive Partner.

Is Your Board Prepared for an Activist Challenge? (June 20, 2016)
Law360
Sutherland’s videocast on shareholder activism is featured in Law360. In this video, Sutherland attorneys Cynthia Krus and Annie Flowers discuss the activism landscape and what boards can proactively ...

@CorpSecMag Promotes Webinar on Entity Management Risks on Twitter (October 16, 2014)
Corporate Secretary Magazine
Corporate Secretary Magazine features Sutherland Partner Cynthia Krus' webinar presentation, Today’s Top Entity Management Risks and How to Mitigate Them, on Twitter.

Largest SEC Whistleblower Award Could Have Been Larger (September 26, 2014)
Law.com
Sutherland’s legal alert, Largest SEC Whistleblower Award Could Have Been Larger, was featured in Law.com.

Press Releases

Eversheds Sutherland Advises OFS Credit Company on IPO (November 20, 2018)
Eversheds Sutherland is pleased to announce that it advised OFS Credit Company, Inc. on its initial public offering that sold 2.5 million shares to raise $50 million. Shares of the closed-end ...

Executive Partner Cynthia Krus Authors 2018 Corporate Secretary’s Answer Book (July 18, 2018)
Eversheds Sutherland (US) LLP is pleased to announce the publication of The 2018 Corporate Secretary’s Answer Book, authored by Cynthia Krus, Executive Partner. The Corporate Secretary’s Answer Book ...

18 Eversheds Sutherland Practice Areas, 68 Attorneys Named Among Nation’s Best in 2018 Legal 500 United States (May 30, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that 18 practice areas and 68 attorneys have been recognized in the 2018 edition of The Legal 500 United States, a comprehensive survey of legal ...

Eversheds Sutherland Women’s Initiative Expands with Post-Combination Perspective (May 21, 2018)
Eversheds Sutherland (US) LLP is excited to announce the expansion of its women’s initiative following its international combination last year. Moving forward with new centralized leadership and a ...

First Minister of Wales Visits Eversheds Sutherland’s Washington DC Office (February 27, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that its Washington DC office hosted the First Minister of Wales, Rt Hon Carwyn Jones, on February 26 with a lunchtime reception hosted in ...

16 Eversheds Sutherland Partners Named Among the Best in the World by Expert Guides (September 8, 2017)
Eversheds Sutherland is pleased to announce that 16 partners have been selected by Expert Guides as among the best legal practitioners in the world in their respective practice areas. Published by ...

Eversheds Sutherland (US) Elects Two New Executive Committee Members; Partner Cynthia Krus Elected to Leadership Position (June 5, 2017)
Eversheds Sutherland (US) LLP is pleased to announce the election of two new members to the firm’s Executive Committee: Partners Ling Ling and Rocco E. Testani. Additionally, Partner Cynthia M. Krus, ...

19 Eversheds Sutherland (US) Practice Areas, 58 Attorneys Named Among Nation’s Best in 2017 Legal 500 United States (May 31, 2017)
Eversheds Sutherland (US) LLP is pleased to announce that 19 practice areas and 58 attorneys have been ranked in the 2017 edition of The Legal 500 United States. Legal 500 is a comprehensive survey ...

13 Sutherland Partners Named Among the Best in the World by Expert Guides (September 8, 2016)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that 13 partners have been selected by Expert Guides as among the best legal practitioners in the world in their ...

16 Sutherland Practice Areas, 59 Attorneys Named Among Nation’s Best in 2016 Legal 500 United States (June 16, 2016)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that 16 practice areas and 59 attorneys have been ranked in the 2016 edition of The Legal 500 United States. Legal 500 is ...

Multimedia

Quick call: BDC year-end round-up (December 19, 2018)
Eversheds Sutherland Partners Steve Boehm and Cynthia Krus hosted a “BDC year-end round-up” quick call on December 19, 2018. The call covered topics of interest to BDCs, including:two recent SEC ...

Video: 2018 BDC Roundtable (September 2018)
The 2018 BDC Roundtable was held on September 5-6 at the Renaissance Washington DC Hotel. With more than 300 registrants, the roundtable brought together industry executives, inside and outside ...

Videocast - The Small Business Credit Availability Act: an overview (March 30, 2018)
On March 23, 2018, Congress passed long-sought legislation, the Small Business Credit Availability Act, as part of its omnibus spending bill. The Small Business Credit Availability Act includes ...

Videocast: An introduction to SPACs (March 22, 2018)
Initial public offerings (IPOs) by Special Purpose Acquisition Companies, or SPACs, are growing at their most robust rate since before the financial crisis, giving more visibility to a once remote ...

Videocast: A primer on private business development companies (March 15, 2018)
Private business development companies (BDCs) are an alternative way to raise capital without conducting a public offering or going through the exchange listing process. This Bottom Line videocast ...

Webcast: A Primer on Private BDCs (March 13, 2018)
On March 13, 2018, the Eversheds Sutherland Capital Markets and Investments team hosted a webcast on private business development companies (BDCs). The webcast included an overview on: The ...

Webcast: What is a SPAC? (February 1, 2018)
Eversheds Sutherland (US) partners Cynthia M. Krus and Vlad M. Bulkin host a webcast What is a SPAC? The virtual event originally held on February 1, 2018, provides an overview on Special Purpose ...

Podcast: Quick Call: Legislative and Tax Reforms - What This Could Mean for Business Development Companies (November 6, 2017)

Podcast: Quick Call: Legislative and Tax Reforms - What This Could Mean for Business Development Companies (November 6, 2017)
On November 2, 2017, members of the House Ways and Means Committee released a proposed bill to reform the current tax code. Eversheds Sutherland (US) attorneys Cynthia M. Krus, David A. Roby, Jr., ...

Webcast: A Primer on Registered Closed-End Funds, Specifically Interval Funds (October 19, 2017)
Eversheds Sutherland (US) attorneys Cynthia Krus, Cynthia Beyea and Payam Siadatpour present, “A Primer on Registered Closed-End Funds, Specifically Interval Funds,” a webcast on October 19, 2017. ...

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 (2010-2016)

Recognized by The Legal 500 United States in the area of corporate mergers and acquisitions (2010, 2015) and mergers and acquisitions: middle-market (2011-2012, 2015-2017); and capital markets: equity offerings (2012-2013, 2015-2018)

Recognized in the Guide to the World's Leading Women in Business Law in Corporate Governance (2013-2016)

Areas of Practice (12)

  • Capital Markets & Investments
  • Business Development Companies
  • Corporate
  • Securities & Corporate Governance
  • Mergers & Acquisitions
  • Private Capital
  • Private Equity
  • Private Investment Funds
  • Venture Capital & Early Stage Finance
  • Small Business Investment Companies (SBICs)
  • Insurance
  • Crisis Management

Education & Credentials

Contact Information:
202.383.0218  Phone
www.eversheds-sutherland.com
University Attended:
Emory University, B.A.
Law School Attended:
Tulane University Law School, J.D., cum laude
Year of First Admission:
1989
Admission:
1989, Maryland; 1999, District of Columbia
Memberships:

Professional Activities
Member, Advisory Board, TheCorporateCounsel.net
Former Instructor, Georgetown University Law School
Former Adjunct Professor, George Washington University

Birth Information:
Chicago, Illinois, 1962
ISLN:
905720324

Peer Reviews

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*Peer Reviews provided before April 15, 2008 are not displayed.

Documents (66)

Documents by this lawyer on Martindale.com

Washington, District of Columbia

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