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S.E.C. v. BANK OF AMERICA CORP.

No. 09 Civ. 6829 (JSR).

653 F.Supp.2d 507 (2009)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. BANK OF AMERICA CORPORATION, Defendant.

United States District Court, S.D. New York.

September 14, 2009.

Attorney(s) appearing for the Case

David Rosenfeld, Joseph O. Boryshan-sky, Maureen F. Lewis, U.S. Securities and Exchange Commission, New York, NY, for Plaintiff.

Lewis J. Liman, Cleary Gottlieb Steen & Hamilton, LLP, New York, NY, Shawn Joseph Chen, Cleary Gottlieb Steen & Hamilton LLP, Washington, DC, for Defendant.

MEMORANDUM ORDER

JED S. RAKOFF, District Judge.

In the Complaint in this case, filed August 3, 2009, the Securities and Exchange Commission ("S.E.C.") alleges, in stark terms, that defendant Bank of America Corporation materially lied to its shareholders in the proxy statement of November 3, 2008 that solicited the shareholders' approval of the $50 billion acquisition of Merrill Lynch & Co. ("Merrill"). The essence of the lie, according to the...

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