New York AG Andrew Cuomo has asked Bank of America to allow his office to question the institution's lawyers in a probe of its merger with Merrill Lynch. The request comes at a time of scrutiny into the involvement of the bank's lawyers in Merrill Lynch's decision to issue $3.6 billion in bonus payments on the eve of the merger. In a letter, Cuomo's office said it cannot adequately explore whether to bring charges against BofA officers because of the bank's "indiscriminate invocation of the attorney-client privilege."
New York Attorney General Seeks to Question BofA Lawyers on Merger
New York Law Journal
September 9, 2009