LyrArc Article Gist
On December 17 Kenneth Lewis CEO of Bank of America arranged a urgent meeting with Treasury's Paulson and the Fed's Bernanke to discuss unexpected losses in the billions at Merrill. Paulson and Bernanke persuaded Lewis not to scrap the deal and offered a $138 billion package not to scrap the deal. The deal then closed at $24 billion. Was it abad idea not to disclose the bad news immediately? It certainly proved to be the just that. In five trading days Bank of America's market capitalization dropped 45% wiping out a much bigger sum than the Merrill deal. Lewis says that the government was firm in its view that serious systemic harm would result if Bank of America did not close on the deal. Law suits from shareholders could result from this but says one legal expert a legal doctrine could emerge that in anational economic emergency companies are absolved from governance actions harmful to shareholders like nondisclosure of critical information. Which only shows how complicated situations can get once everythings spins out of control starting from the basic fact of bad opaque assets on the company's books, taking any form of rational action and behaviour with it with a million unpredictables.