Bank of America shareholders have suffered a loss of their share values due to losses caused by the acquisition by the bank of Merrill Lynch, which was in terrible financial condition and bleeding red ink (due to Subprime Mortgage investments) at the time it was acquired by Bank of America.  Shareholders have a claim based upon the theory that Bank of America's directors or officers who promoted the acquisition to shareholders in written statements, such as the Proxy Statement, failed to disclose the terrible problems at Merrill Lynch and failed to conduct adequate due diligence, and thereby obtained consent to the Merrill Lynch acquisition through fraudulent means.  Persons who held shares in Bank of America as of October 28, 2008 may be able to recover their share losses through litigation based upon fraud, negligence and breach of fiduciary duty.  Employees of Bank of America and Merrill Lynch who are members of any of Bank of America or Merrill Lynch investment plans or profit sharing retirement plans may also have valuable legal rights as a result of the alleged misconduct.

If you suffered losses due to the ownership of Bank of America shares held as of October 28, 2008, please call us at (858) 259-7790 or contact us online.