Exhibit J — Case 1:21-md-02989-CMA (Document 577-6)
Summary
Exhibit J (Document 577-6) in Case 1:21-md-02989-CMA, entered on the FLSD docket 06/16/2023, is a PR Newswire release of Jan 21 2009 announcing that Wolf Popper LLP filed a class action lawsuit against Bank of America Corp., Kenneth Lewis and John Thain, among others, in the United States District Court for the Southern District of New York. The action is on behalf of persons who owned shares of Bank of America on October 10, 2008 and were entitled to vote on the merger agreement with Merrill Lynch & Co., Inc., and alleges violations of Section 14(a) of the Securities Exchange Act of 1934. The release states that on January 16, 2009 Bank of America disclosed Merrill Lynch's preliminary 2008 fourth quarter loss of $15.3 billion and that Bank of America shares declined by 31% between January 14, 2009 and January 16, 2009.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
- Issuer
- Source documents
- Document type
- Gov.Uscourts.Flsd.590042.577.6
- Case
- Gov.Uscourts.Flsd.590042.577.6
Cite this document
“Exhibit J — Case 1:21-md-02989-CMA (Document 577-6).”
Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-flsd-590042-577-6/
, SHA-256 755af8299861e915a234942e183ec6b031dc4d2d7ae6a1ac5e964c24c82fc14a.Full text
Text recognized from a scanned document; may contain errors.
Case 1:21-md-02989-CMA Document 577-6 Entered on FLSD Docket 06/16/2023 Page 1 of 4
EXHIBIT J
1 of 2
PRN Wolf Popper LLP Announces Filing of Class Action Lawsuit Against
Jan 21 2009 13:41:25
Wolf Popper LLP Announces Filing of Class Action Lawsuit Against Bank of America
- (BAC)
PR Newswire
NEW YORK, Jan. 21
NEW YORK, Jan. 21 /PRNewswire/ -- Wolf Popper LLP has filed a class action
lawsuit against Bank of America Corp. ("Bank of America") (NYSE: BAC),
Kenneth Lewis and John Thain, among others, in the United States District
Court for the Southern District of New York, on behalf of all persons who
owned shares of Bank of America on October 10, 2008, who were entitled to
vote to approve the adoption of a merger agreement between Bank of America
and Merrill Lynch & Co., Inc. ("Merrill Lynch") pursuant to a Proxy
Statement dated October 31, 2008 (the "Proxy Statement") {the "Class").
This action alleges claims for violations of Section 14(a) of the
Securities Exchange Act of 1934. The case has been assigned Civil Action
No. 09 Civ. 580.
The facts underlying this action concern the Merger of Bank of America and
Merrill Lynch, which closed on January 1, 2009. The complaint alleges that
on January 16, 2009, Bank of America disclosed Merrill Lynch's preliminary
2008 fourth quarter loss of $15.3 billion. Merrill Lynch's fourth quarter
2008 “principal transactions" revenue was negative $13.1 billion,
reflecting a net loss owing to write-downs, mark-to-market valuation
declines and other losses on assets held in its trading portfolio. It is
alleged that as a result of this massive loss Bank of America was
compelled to seek additional funding and asset guarantees from the United
States Treasury Department. Following these disclosures, Bank of America
shares declined by 31% between January 14, 2009 and January 16, 2009.
The complaint charges that the Proxy Statement contained material
misrepresentations and failed to disclose facts necessary to make the
disclosures true. Specifically, defendants' misrepresentations and
omissions include the failure to update, amend or correct the Proxy
statement to reflect, among other things, the risk or existence of Merrill
Lynch's fourth quarter losses, prior to the December 5, 2008 vote by Bank
of America shareholders to approve the Merger.
If you are a member of the Class, you may move the court no later than
March 23, 2009, and request that the Court appoint you as lead plaintiff.
A lead plaintiff is a representative party acting on behalf of other class
members in directing the litigation. To be appointed lead plaintiff, the
Court must decide that your claim is typical of the claims of other class
members, and that you will adequately represent the class.
Wolf Popper LLP has extensive experience representing shareholders in
class actions and has successfully recovered billions of dollars for
defrauded investors and shareholders. The reputation and expertise of the
firm in shareholder and other class action litigation has been repeatedly
recognized by the courts, which have appointed the firm to major positions
in complex multi-district and consolidated litigations.
The firm's experience includes its representation of Mattel shareholders
in Similar claims under Section 14{a), where it was co-lead counsel with
primary responsibility for the prosecution of those proxy statement
claims. That action against Mattel resulted in what was believed to be the
then largest settlement of a Section 14(a) case.
Copyright {c) 2009
Case 1:21-nghge Q88eCVAosere-MRent Béérindnttesei20nFikS Backes OPAgéAH SB 3 Page 4 of 4
2 of 2
PRN Wolf Popper LLP Announces Filing of Class Action Lawsuit Against
Jan 21 2009 13:41:25
For more information or to pursue your right to be appointed lead
plaintiff, please contact:
Wolf Popper LLP
James Harrod, Esq.
845 Third Avenue
New York, NY 10022
Tel.: 212.759.4600 or 877.370.7703 (toll free)
Fax: 212.486.2093 or 877.370.7704 (toll free)
Email: irrep@wolfpopper.com
website: www.wolfpopper.com
Attorney Advertising - Prior results do not guarantee a similar outcome
SOURCE Wolf Popper LLP
Website: http://www.wolfpopper.com
Contact: James Harrod, Esq. of Wolf Popper LLP, +1-212-759-4600, or
+877-370-7703, toll free, or Fax, +1-212-486-2093, or Fax, +877-370-7704,
toll free, or irrep@wolfpopper.com
-O- Jan/21/2009 18:41 GMT
Copyright (c) 2009
File and source
- File
- gov.uscourts.flsd.590042.577.6.pdf
- Size
- 205,872 bytes
- SHA-256
- 755af8299861e915a234942e183ec6b031dc4d2d7ae6a1ac5e964c24c82fc14a
- Original
- archive.org