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.
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Reader Comments (Page 1 of 1)
9-16-2008 @ 6:27PM
Dan Barnett said...
The CFC suit settles with BAC/CFC admitting that they could have done a better job on the paperwork, amending the paperwork, & the shareholders got nothing. The lawyers pocketed ($3million?) in fees.
Merrill the same way? Big fees & nothing for the shareholders?
9-16-2008 @ 9:03PM
gd said...
"the first thing we do is kill all the lawyers" The attorneys and the Plaintiff should be counter sued into oblivion for filing a frivolous lawsuit, I should for them interfering with a great deal that kept Merrill from bankruptcy and saved me.