Kevin A. Cudney

Kevin A. Cudney

Shareholder

Background

Over 40 years of experience in M&A and business transactions. Unique practice combines representation of private equity firms, entrepreneurs and technology startups and scale-ups. Known for negotiating pragmatic solutions to commercial and transactional issues and full-spectrum business development advice.

Kevin Cudney is adept at negotiating commercial and financing transactions of all kinds, whether it’s a high-value acquisition, formation of an investment fund or structuring a complex securities offering.

He is a sought-after advisor in mergers and acquisitions, 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 has special expertise in assisting sellers of family-owned and other closely held businesses. A quick study on new industries and business subtleties, Kevin also works with technology startups and scale-ups through the entire business lifecycle. 

His experience includes representing public and private companies, entrepreneurs, investment 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 long-time major participant in a number of technology and life sciences incubators, Kevin frequently speaks to entrepreneurs, start-up and scale-up businesses on capital formation, strategic alliances and commercial development issues.

He is a former chair of our Corporate and Business Department.

Representative Matters

Recent Experience

  • Counsel to Alpha Milling Company, a provider of rotomilling and asphalt removal service, in its sale of all of the issued and outstanding shares of its capital stock

  • Represented Jemez Technology, LLC, a high resolution security and imagery technology company, in the sale of all its capital stock to ReignRock Capital Partners, LLC.

  • Represented Mai Mechanical, Corp. in the sale of all its shares of capital stock to J.R. Hobbs Co-Atlanta LLC, a portfolio company of Gladstone Investment Corporation.

  • Represented Agents Investors Group of America, LLC in the sale of all of the issued and outstanding shares of capital stock of its wholly owned subsidiary, Alliant National Title Insurance Company, Inc., to Presidio Investors.

  • Represented NexusTek Holdings, LLC and its wholly-owned subsidiary Nexus Technologies, LLC, in the acquisition of substantially all of the business assets of Syndeo Technologies, Inc., a Massachusetts corporation and IT managed services provider.

  • Represented NexusTek Holdings, LLC in the sale of its LLC interests to Abry Partners.

  • 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 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.

  • Counsel to 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.

Credentials

Education

  • J.D., Case Western Reserve University School of Law
  • B.A., State University of New York at Binghamton, summa cum laude

Previous Experience

 

 

Admissions

  • Colorado
  • New York

Memberships

American Bar Association

Colorado Bar Association

Denver Bar Association

New York Bar Association

Community Involvement

COMMUNITY INVOLVEMENT:

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

Former, Advisor, Colorado Uplift

Recognition

AWARDS:

"Kevin is terrific in corporate law and M&A transactions. He's extremely knowledgeable and is cool, calm and collected." "Kevin is a good communicator, an effective problem-solver and offers a pragmatic approach." – Chambers USA, 2023

"Kevin is incredibly knowledgeable, extremely hard-working, detail-oriented and responsive." Chambers USA, 2021

Best Lawyers in America, 2024

Chambers USA, 2005-2023

Colorado Super Lawyers, 2006-2019