Cudney, Kevin A.

Large commercial deals require a steady hand and the ability to handle unexpected challenges that come from deep experience. Kevin Cudney is adept at negotiating commercial and financing transactions of all kinds, whether it’s a high value acquisition, formation of an equity fund or structuring a complex securities offering.

With more than 30 years experience in corporate law, Kevin is a sought-after advisor in M&A, private equity, securities and other matters. An outstanding communicator, he works closely with clients as their trusted advisor to develop the strategy and deal structure for their transactions, connecting key players to facilitate productive negotiations and successful outcomes.

Kevin works as lead counsel on high-profile transactions. His transactional experience includes representing public and private companies, entrepreneurs, private equity funds and transactional intermediaries. He has counseled clients through acquisitions, structured financings, strategic investments, venture capital formation and funding, securities offerings and leveraged buyouts.

A major participant in a number of technology and life sciences incubators, Kevin frequently speaks to entrepreneurs and start-up businesses on capital formation, strategic alliances and commercial development issues.

He is the former department chair of our Corporate Group.

Deals
Practices & Industries
M&A

Kevin focuses on middle market M&A and private equity transactions in industries ranging from consumer goods to health care and life sciences to energy. In addition to his middle market work, Kevin has helped top private equity organizations successfully acquire both properties and companies. Examples of Kevin’s high profile transactional work includes representing Tropicana Entertainment, Inc., the gaming vehicle of Icahn Enterprises L.P., in its acquisition of the Lumiére Place gaming and hospitality properties in St. Louis, in a transaction valued at $260 million. He also represented Graham Packaging Inc., a portfolio company of Blackstone Capital Group and a world leader in customized consumer product packaging solutions, in its acquisition of Liquid Container L.P., a leading producer of food packaging, in a transaction valued at $568 million.

Private Equity

Kevin knows the nuances and idiosyncrasies of fund formation and private equity matters from extensive experience. Over the past five years, Kevin has represented national and regional private equity and mezzanine debt firms in transactions valued in excess of $7 billion.

On the fund formation side, he represented Miller Global Properties, LLC in the formation and offering of the $350 million Miller Global Fund VII, LLC, the company’s seventh US-based real estate fund. The fund is a value-added real estate investment fund organized principally to acquire and develop a high-quality portfolio of real estate assets, primarily office buildings and hotels.

Kevin has also represented U.S. Geothermal Inc., a developer of geothermal energy sources for electric power and direct uses, in the development of the 35 MW Neal Hot Springs geothermal project in eastern Oregon. A loan guarantee from the U.S. Department of Energy and joint venture financing from Enbridge Inc., a leading North America energy transportation company, support this $135 million project.

Representative Matters
  • Represented NexusTek Holdings, LLC, a portfolio company of Lightview Capital, and its wholly-owned subsidiary Nexus Technologies, LLC, in the acquisition of all of the equity of CyberTrails, LLC and for the related acquisition financing.

  • Represented Mountain High Tree Service, Inc. in the sale of substantially all of its assets to Nature's Trees, Inc.

  • Represented NexusTek Holdings, LLC in its acquisition of all of the membership interests of iPremise, LLC.

  • Represented Riviera Holdings Corporation in its sale of the real estate assets associated with the Riviera Hotel and Casino in Las Vegas to the Las Vegas Convention and Visitors Authority.

  • Represented WestWater Energy, LLC and certain of its subsidiaries, which, among other things, operate evaporation ponds and solid waste disposal facilities in Colorado, Utah and Wyoming, in the sale of assets related to such evaporation ponds and disposal facilities to OWL Rockies, LLC and its affiliates.

  • Represented Tropicana Entertainment Inc. (the gaming vehicle of Icahn Enterprises LP) in the acquisition of the Lumiere Place Casino, HoteLumiere, and Four Seasons Hotel St. Louis, from certain subsidiaries of Pinnacle Entertainment, Inc . through the purchase of all of the equity securities of the Pinnacle entities that hold the assets associated with such properties.

  • Represented Riviera Holdings Corporation, a Las Vegas casino operator and a portfolio asset of Starwood Capital Group, in the sale of the stock of Riviera Black Hawk, Inc. (the owner of Riviera's Black Hawk, Colorado casino) to an affiliate of Monarch Casino & Resort, Inc., in a transaction valued at $76 million.

  • Assisted Pinnacle Entertainment, Inc. (NYSE: PNK), a casino operator, in registering a unique ongoing public offering of shares of common stock to customers under a customer loyalty program. Brownstein believes this offering is only the second such registered offering becoming effective.

  • Represented Western Liberty Bancorp in its acquisition of Service1st Bank of Nevada in a transaction valued at $20 million.

  • Represented Icahn Enterprises L.P. in the $1.3 billion sale of its membership interests in American Casino and Entertainment Properties LLC, owner of the Stratosphere Hotel in Las Vegas and other gaming properties to a private equity group affiliated with Goldman Sachs.

  • Represented Aspect Abundant Shale, a Denver-based energy and natural resources company, in its $250 million sale of two natural gas wells in Arkansas to a Texas-based oil and natural gas company.

  • Represented Denver-based Classic Sport Companies, Inc. in the sale of its business to Kever Sports Acquisition Corporation -- a wholly-owned subsidiary of New Jersey-based Sportcraft, Ltd. -- for $15.5 million.

News & Events
Community

Director, Innosphere, Colorado's leading business incubator/accelerator for life sciences companies 

Advisor, Colorado Uplift

Publications & Presentations
Education
  • J.D., Case Western Reserve University School of Law
  • B.A., summa cum laude, State University of New York at Binghamton
Admissions
  • Colorado
  • New York
Recognition
  • Chambers USA, 2005-2017
  • Colorado Super Lawyers, 2006-2017
Membership

American Bar Association

Colorado Bar Association

Denver Bar Association

New York Bar Association

attorney-5843