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5 Oct 2012, 2:00 am by Kara OBrien
Since we are still awaiting a final rule on the matter, Keith Paul Bishop delves into whether the SEC can still give effect to Congressional intention by adopting rule amendments with retroactive effect. 3) Securities Litigation and Regulatory Enforcement Blog - The Tip Is In the Mail: Court Tries to Make Sense of Dodd-Frank’s Whistleblower and Retaliation Provisions and Asks Whether It’s Enough Just to Send a Letter - In this post,… [read post]
3 Sep 2012, 4:15 pm by Steve Bainbridge
Keith Paul Bishop: At the conclusion of a hearing held yesterday morning, the Department of Corporations approved the acquisition of Instagram, Inc. by Facebook, Inc. [read post]
14 Aug 2012, 2:00 am by Keith Paul Bishop
Anthony Colbert, “Fairness Hearings,”  California Business Law Practitioner 44 (Spring 2010) Keith Paul Bishop, “California Fairness Hearings: A Low-Cost Alternative to Federal Registration in Acquisition Transactions,”  15 Insights 23 (Feb. 2001)  The Department of Corporation’s website provides this summary of fairness hearings from 2001 to 2007. [read post]
20 Jun 2012, 5:00 am by Doug Cornelius
Sources: Commissioner Issues Proposed Revisions To Proposed Private Fund Adviser Exemption by Keith Paul Bishop in California Corporate and Securities Law Blog Proposed changes to Rule 260.204.9 [read post]
15 Jun 2012, 5:00 am by Doug Cornelius
by Keith Paul Bishop in California Corporate & Securities Law Blog While it is tempting to think that the test is now 2,000 record holders, a more realistic assessment would be to consider the test unchanged unless the issuer is able to keep track of the accredited investor status of its shareholders. [read post]
15 Jun 2012, 2:00 am by Kara OBrien
According to Keith Paul Bishop this could be a real problem because the status of investors may change or the securities may be transferred to different investors. [read post]
1 Jun 2012, 5:06 am by Doug Cornelius
Reasonable Efforts May Be A Promisor’s Best Efforts by Keith Paul Bishop in California Corporate & Securities Law Does a “best efforts” clause require a party to subordinate its interests to the other party or undertake extraordinary efforts to fulfill its obligations? [read post]
20 Apr 2012, 5:00 am by Doug Cornelius
By Keith Paul Bishop California Corporate and Securities Law Blog The Jumpstart Our Business Startups Act (JOBS Act) is a very modest 9,000+ words. [read post]
30 Mar 2012, 5:00 am by Doug Cornelius
Chowing Down On The JOBS Act And Ralston Purina by Keith Paul Bishop in California Corporate and Securities Law blog Anyone who has studied securities laws has undoubtedly heard of the Supreme Court’s decision in SEC v. [read post]
23 Mar 2012, 9:00 am by Doug Cornelius
by Keith Paul Bishop in California Corporate and Securities Law A California administrative decision illustrates how a simple dinner party can get suddenly veer from a purely social gathering to arguably a public offering of securities. [read post]
13 Feb 2012, 11:33 am by Steve Bainbridge
Keith Paul Bishop notes "a few drafting pitfalls" to be avoided when forming a flexible purpose corporation or benefit corporation. [read post]
6 Dec 2011, 1:25 pm by Tracy Coenen
Guest Post by Keith Paul Bishop Editor’s Note: This article was originally published on Keith Bishop’s blog, California Corporate & Securities Law on November 23, 2011. [read post]
18 Nov 2011, 1:35 pm by Stefan Passantino
 As a final tease, blogger Keith Paul Bishop of Allen Matkins wrote of the change: “Interestingly, the Chamber has completely overlooked the most obvious legal infirmity of the guideline, but I’ll save that discussion for a future post. [read post]
4 Nov 2011, 2:00 am by Kara OBrien
 In this post, Keith Paul Bishop criticizes the ISS policy of commenting on compensation committee members and management say-on-pay proposals if the company’s prior say-on-pay proposal received significant opposition from votes cast. [read post]
16 Sep 2011, 2:00 am by Kara OBrien
However, Keith Paul Bishop says whether shareholders have the power to amend bylaws unilaterally is a function of state law and details relevant provisions in California, Delaware and Nevada law. 4) Securities Law Prof Blog: Who Should Regulate Investment Advisers? [read post]
23 Aug 2011, 12:46 pm by Stefan Passantino
  For example, just a few days after the Committee’s petition was submitted, Keith Paul Bishop – the former California Commissioner of Corporations and an adjunct professor at the Chapman University School of Law – filed a response letter with the SEC refuting the professors’ contentions and requesting that no such rulemaking project be initiated by the Commission. [read post]
16 Aug 2011, 5:00 am by Doug Cornelius
Sources: SEC Argues That Sales of Hotel Rooms Are Sales of a Security by Keith Paul Bishop in California Corporate and Securities Law Salameh v. [read post]
17 Jun 2011, 2:00 am by Kara OBrien
Keith Paul Bishop details the rest of the trouble in this post. 4) The D&O Diary: Supreme Court Holds Fund Management Company Cannot Be Held Liable for Funds’ Statements – One of the biggest stories of the week was the Supreme Court’s 5-4 decision in Janus which significantly limited the pool of potential securities fraud defendants. [read post]
31 May 2011, 4:59 am by Doug Cornelius
Sources: SEC Proposes Rule to Disqualify Felons and Bad Actors From Securities Offerings – SEC Press Release SEC Release 33-9211 Disqualification of Felons and Other “Bad Actors” from Rule 506 Offerings (.pdf) View Comments SEC Proposes John Wilkes Booth Rules by Keith Paul Bishop in California Corporate & Securities Law The SEC Proposes Rules for Disqualification of Felons and Other Bad Actors from Rule 506 Offerings in 100 F Street [read post]