Lambrecht v. O'Neal

MEMORANDUM ORDER

JED S. RAKOFF, District Judge.

In this massive litigation, arising from the huge losses experienced by Merrill Lynch & Co. (“Merrill”) in the period prior to its acquisition by Bank of America (“BofA”), two of the lawsuits — a consolidated action known as the Derivative Action, 07 Civ. 9696, and a later-filed action, Lambrecht v. O’Neal, originally filed as 08 Civ. 6582 but now refiled as 09 Civ. 8259— raise important and unresolved issues of Delaware corporate law as to which this Court seeks the guidance of the Delaware Supreme Court. In both actions, the plaintiffs were…