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1 Apr 2010, 6:31 am by Anna Christensen
Merrill Lynch Asset Management, Inc. applied the correct standard for determining when an investment adviser has breached the fiduciary duty owed to captive mutual fund shareholders established under Section 36(b) of the Investment Company Act of 1940 (ICA). [read post]
31 Mar 2010, 9:41 am by Page Perry LLC
Well before Bank of America’s acquisition of Merrill Lynch was completed on Jan. 1, 2009, Paulson and Federal Reserve Chairman Ben Bernanke had learned of billions of dollars of losses at Merrill that had not been disclosed. [read post]
Merrill Lynch Asset Management, Inc., 694 F.2d 923 (2d Cir. 1982), which held that to violate Section 36(b) “the adviser-manager must charge a fee that is so disproportionately large that it bears no reasonable relationship to the services rendered and could not have been the product of arm’s-length bargaining. [read post]
31 Mar 2010, 3:36 am by John Day
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases. [read post]
31 Mar 2010, 2:47 am by By DEALBOOK
Bank of America and Merrill Lynch were accused of discriminating against women in a lawsuit filed on Tuesday by three female financial advisers at the companies, The Associated Press reported. [read post]
30 Mar 2010, 10:30 pm by Steve Bainbridge
The letter to Bank of America-Merrill Lynch, Barclays, Citigroup, Goldman Sachs, JPMorgan Chase and Morgan Stanley expresses concern that the spreads on the California credit-default swaps are mispricing the state’s credit risk and inflating interest costs. [read post]
30 Mar 2010, 3:28 pm by Page Perry LLC
High-yield corporate bond funds comprise 10 percent of the total exchange traded fund market, up from 1 percent two years ago, while high-grade bond funds comprise 15 percent, up from 6 percent in 2008, according to the article (citing BofA Merrill Lynch Global Research). [read post]
Merrill Lynch Asset Management, Inc.: “[T]he test is essentially whether the fee schedule represents a charge within the range of what would have been negotiated at arm’s-length in light of all of the surrounding circumstances. . . . [read post]
30 Mar 2010, 10:06 am by Steve Bainbridge
Merrill Lynch Asset Management, Inc. set prevailing standard for more than 25 years: Does the fee schedule represent a charge within the range of what would have been negotiated at arm's-length; or Are the fees so disportionately large that it bears no reasonable relationship to the services rendered Gartenberg found that fees paid to other fund advisers were not dispositive A court should rely on its own business judgment to determine whether the fee is inconsistent with the… [read post]
29 Mar 2010, 1:34 pm
Merrill publicly commented that: "Brokerage firms and brokers who serve investors considering retirement must ensure that their customers are given suitable investment recommendations based upon reasonable assumptions of market performance and are given thorough disclosure of investment risks. [read post]
29 Mar 2010, 12:34 pm by Brett Alcala
Merrill publicly commented that: "Brokerage firms and brokers who serve investors considering retirement must ensure that their customers are given suitable investment recommendations based upon reasonable assumptions of market performance and are given thorough disclosure of investment risks. [read post]
29 Mar 2010, 5:49 am by Schwartz & Perry
Bank of America and Merrill Lynch, as reported in the New York Daily News, have been sued by two female employees for gender discrimination in their employment. [read post]
29 Mar 2010, 2:49 am by Hedge Fund Lawyer
 (See page 16 of the Bank of America/Merrill Lynch report which contains statistics on venture capital investments in cleantech: http://ww.nrel.gov/analysis/seminar/pdfs/2009/ea_seminar_nov_12_pres.pdf). [read post]
Among other things, the Global Settlement, which binds 12 securities firms, including Goldman Sachs, JP Morgan, Merrill Lynch, Citigroup, Credit Suisse, Morgan Stanley and Deutsche Bank, puts in place limits on the interaction between the research and investment banking arms of the firms – a so-called “firewall”. [read post]
26 Mar 2010, 3:15 pm by Levin & Perconti
Also in 2000, Chicago Bear player Merril Hoge received a $1.55 million jury verdict in a brain injury case against the team’s physician Dr. [read post]
26 Mar 2010, 12:09 pm by Rebecca Tushnet
xkcd breaks it down: I think the problem of content owner-defined rights may be connected to the numerus clausus principle as ably elucidated by Thomas Merrill and Henry Smith: we limit types of property more than we limit the customizability of contracts, so that people can more easily tell what they’re dealing with when they encounter a piece of property. [read post]