Based on the briefs they submitted Monday, the Securities and Exchange Commission and the Bank of America heard two different orders from Southern District Judge Jed S. Rakoff on Aug. 10, when he told both sides to supply additional details on the preparation of Bank of America’s proxy and disclosure materials for its September 2008 merger with Merrill Lynch.
The briefs also prompted Judge Rakoff yesterday to ask additional questions in a 5-page order.
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