A 3rd And 4th Look At The Bank Of America Opinion

Law360, New York (October 22, 2009, 1:21 PM EDT) -- What is a judge to do when presented with the kind of controversial, politically driven settlement that the U.S. Securities and Exchange Commission presented to Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York?

The judge implied that the courts of the United States, an independent branch of government, were being used to cover the tracks of incompetence of the executive branch and particularly the SEC. He liked it not at all. The judge was not in the mood,...
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