Shareholder sues Merrill Lynch over Bank of America deal


The general consensus seems to be that, given the developments in the financial sector over the past few days, Merrill Lynch (NYSE: MER) shareholders did reasonably well in the deal that will make the company part of Bank of America (NYSE: BAC).

But where there's a will there's a way and where there's a $50 billion deal, there are lawyers looking for their cut. Reuters reports that a shareholder has filed a a lawsuit against Merrill with the New York Supreme Court, alleging that the deal is "wrong, unfair and harmful to Merrill public stockholders."

Murray, Frank & Sailer is representing that shareholder, while Wolf Haldenstein Adler Freeman & Herz has said it will also file a lawsuit on behalf of investors against both Merrill and Bank of America. The lawsuit states that the company's executives "are in possession of nonpublic information concerning the financial condition of prospects of Merrill . . . which they have not disclosed to Merrill public stockholders." The suit also alleges that Merril's executives and directors "have clear and material conflicts of interest and are acting to better their own interests at the expense of Merrill public shareholders."

The suit may have more merit than similar past lawsuits (like the ones involving Bank of America's acquisition of Countrywide Financial) because the deal happened so quickly that it's doubtful Merrill really had time to explore the full range of strategic alternatives.

But given the tremendous turmoil in the financial markets and the failures of companies like Lehman Bros., it will be easy for Merrill CEO John Thain and others to argue that they acted prudently in the best interests of shareholders. The overwhelming odds are that this lawsuit will go nowhere.

Reader Comments (Page 1 of 1)

Symbol Lookup
IndexesChangePrice
DJIA-133.3512,369.46
NASDAQ-23.812,815.27
S&P 500-13.381,303.25

Last updated: May 23, 2012: 10:52 AM

Hot Stocks

General Electric

18.87-0.31(-1.62)

Alcoa

8.315-0.175(-2.06)

Apple Inc

555.52-1.45(-0.26)

Google Inc 'A'

602.40+1.60(+0.27)

Bank of America

6.89-0.09(-1.29)

Wal-Mart Stores

63.49-0.24(-0.38)

Exxon Mobil Corp

80.72-1.23(-1.50)

Ford

10.325+0.135(+1.32)

Citigroup

26.11-0.81(-3.01)

IBM

194.33-2.49(-1.27)

Yahoo

15.21-0.08(-0.52)

Starbucks

53.97+0.60(+1.12)

Microsoft

28.77-0.99(-3.33)

Home Depot

47.86-0.40(-0.83)

DailyFinance Headlines

Benzinga Headlines

TheFlyOnTheWall.com Headlines

BioHealth Investor Headlines

WalletPop Headlines

DailyFinance BlackBerry App

My Portfolios

Track your stocks here!

Find out why more people track their portfolios on AOL Money & Finance then anywhere else.

BloggingStocks Partners

More from AOL Money & Finance

BioHealth Investor Headlines

Page Loaded in 1337784759377 ms.