3Brothers Inc. (“Lehman Brothers”),
Morgan Stanley, and MerrillLynch
and assigned to the Honorable George B. Daniels. Flyanswered on August 16, 2006 and asserted counterclaims fordefamation, tortious interference with prospective businessrelations, and unfair competition under § 43(a) of the LanhamAct. Those counterclaims were dismissed on March 15, 2007.Following a lengthy period reserved for settlement negotiations,fact discovery closed on or about December 19, 2008.The case was reassigned to this Court on June 8, 2009. TheFirms and Fly each filed motions for summary judgment on May 18,2009, which became fully submitted on August 11, 2009.Thereafter, the Firms advised that they would voluntarily waivetheir claims for damages to the extent that such claims wouldentitle any party to a jury trial. On September 3, Flyacknowledged that the parties were not entitled to a jury trial.
In 2008, Barclays Capital acquired Lehman Brothers’ NorthAmerican investment banking, capital markets, and equityresearch businesses and became vested with all of LehmanBrothers’ intellectual property interests in its preexistingequity research, and promptly re-launched Lehman Brothers’ U.S.trading and research operations under the Barclays Capital name.On November 19, 2008, Barclays Capital moved to substituteitself for Lehman Brothers as a plaintiff in this action, andthis motion was granted and the caption amended on March 19,2009.
On January 1, 2009, Merrill Lynch was acquired by Bank ofAmerica Corporation. Since that date, all U.S. equity reportsgenerated by Merrill Lynch have been branded as “Banc of AmericaSecurities-Merrill Lynch” research or as “BofA Merrill Lynch”research.