Publications

  • Public Company Download, January 2012
  • The BDC and Alternative Assets Practice Team has frequently published, as well as quoted, in various publications on timely and relevant subjects that may be of interest: Across many areas of government, officials face a challenge when it comes to maintaining pace with social media that continues to develop at light speed. This situation is familiar to the regulators of the financial services industry. In the article "Social Media: A Cautionary Tale," Sutherland Partner Steven B. Boehm and Associate William M. Watts, III examine relevant social media positions taken thus far by the U.S. Securities and Exchange Commission and FINRA. It was featured in the January 2012 issues of The Investment Lawyer.
  • In the November 2011 edition of Fund Directions, Sutherland Partner Cynthia Krus breaks down newly implemented governance changes that will affect mutual fund boards this corporate proxy season.Amendments to Rule 14a-8 of the Securities Exchange Act of 1934 recently became effective and will be applicable for the 2012 season, which runs January through April. These amendments permit proxy access proposals that seek to add procedures to companies’ organizational documents, allowing shareholders to more easily nominate directors. Ms. Krus suspects this increased access could lead to a spike in proxy access proposals by shareholders this season.
  • Public Private Equity: Comparing Altenative Asset Vehicle Structures, John Mahon, Partnering Perspectives, Summer 2011
  • ARTICLE NAME, Shasha Dai, May 4, 2011, Dow Jones Financial Information ServicesSutherland Partner Steven Boehm is quoted addressing issues that arise when BDCs hold equity interests in special purpose vehicles (SPVs).
  • Will The Newest Generation Of BDCs Fare Better Than Their Predecessors?, April 29, 2011, Wall Street Journal.  Sutherland Partner Steven Boehm is quoted in an article that reviews a recent increase in new BDC filings. The article reflects on the rise and fall of BDCs over the past few years.
  • Investors Drawn to Specialty Lenders, March 2011, Investment Dealers' Digest. Sutherland Partner Cynthia Krus comments on the growth of BDCs as investment vehicles.
  • More Say on Pay: What Will It Mean?, Cynthia Krus, Adam Cohen and John Hansen, ACC Docket, the authors and the Association of Corporate Counsel Copyright © 2010, the Association of Corporate Counsel. All rights reserved. October 2010 Reprinted with permission.
  • Say On Pay: It's Coming, Are you Ready?, Cynthia Krus, Terri Ginsberg and Lisa Morgan, Tax Management Memorandum, Vol. 51, No. 3, Copyright 2010 by The Bureau of National Affairs, Inc. (February 1, 2010) Reprinted with permission.
  • Extra Credit Cynthia Krus, The Deal,November 2009. Reprinted with permission 
  • Corporate Minutes: Best Practices for Corporate Secretaries When Recording Board Meetings (July 6, 2009) 
  • The Risk-Adjusted Board: How Should the Board Manage Risk?, Cynthia M. Krus, Reprinted with permission Corporate Governance Advisor, March/April 2009
  • Sutherland Partner Harry S. Pangas Interviewed About Business Development Companies, Harry S. Pangas, TheCorporateCounsel.net, July 2008
  • Everyman a Venture Capitalist, Steven B. Boehm and Hannah L. Friedberg, Business Law Today, May/June 2008
  • Who Gets a 'Say on Pay'?, Cynthia M. Krus and Lisa A. Morgan, Reprinted with permission Corporate Governance Advisor, March/April 2008
  • Dealmakers Forecast 2007, Financier Worldwide, January 2007. Partner Cynthia Krus is featured discussing industry predictions for the coming year.
  • The SEC Addresses Eligible Investments for Business Development Companies, Steven B. Boehm and Hannah L. Friedberg, The Investment Lawyer, December 2006
  • To Market, To Market "As SEC Steps Back, New Pressure Falls on Private Counsel for Offerings", Cynthia M. Krus, Harry S. Pangas and Christopher M. Zochowski, Legal Times, November 2005
  • Money for Nothing, Cynthia M. Krus comments on SPACs, International Financing Review, September 2005
  • Shedding New Light on Business Development Companies, Steven B. Boehm, Cynthia M. Krus, Harry S. Pangas and Lisa A. Morgan, The Investment Lawyer, October 2004
  • The Business Development Company Solution, Steven B. Boehm and Cynthia M. Krus, The Review of Securities & Commodities Regulation, February 2001
  • Is It Time for SBICs to Consider BDCs As a Source of Financing?, Cynthia M. Krus, NASBIC News, America's Small Business Partners, Winter 2000-2001