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

No. 09 Civ. 6829(JSR).

677 F.Supp.2d 717 (2010)

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

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

January 4, 2010.

Attorney(s) appearing for the Case

Alexander Mircea Vasilescu, David Rosenfeld, Scott Lawrence Black, Joseph O. Boryshansky, Maureen F. Lewis, Wendy Beth Griffin, U.S. Securities and Exchange Commission, New York, NY, for Plaintiff.

Alex Young Kyong Oh, Paul, Weiss, Rifkind, Wharton & Garrison, LLP, Shawn Joseph Chen, Cleary Gottlieb Steen & Hamilton LLP, Washington, DC, Brad Scott Karp, Daniel Jonathan Kramer, Joyce Szuyun Huang, Lewis J. Liman, Marc Christopher Falcone, Mark Floyd Pomerantz, Theodore Von Wells, Jr., Audra Jan Soloway, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Lawrence B. Friedman, Melissa K. Marler, Mitchell A. Lowenthal, Victor L. Hou, Cleary Gottlieb Steen & Hamilton, LLP, New York, NY, for Defendant.

OPINION AND ORDER

JED S. RAKOFF, District Judge.

The principal charge in this case is that defendant Bank of America Corporation, in the proxy statement that solicited approval of the Bank's purchase of Merrill Lynch & Co. (the "Proxy Statement"), falsely represented that Merrill was prohibited from paying year-end bonuses without the Bank's (subsequent) consent, when in fact the Bank had already consented

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