[ by Melanie Gretchen ] Bank of America shareholders have brought a class action lawsuit against former CEO Kenneth Lewis and other executives, alleging that they failed to disclose their knowledge of Merrill Lynch losses prior to the shareholder vote on whether to approve BofA's acquisition of Merrill at the stated terms, conditions and price.  Neither Merrill's $15.8 billion quarterly loss, nor its distribution of $3.6 billion in bonuses was disclosed before the vote on 12/5/08. Round Two. In November 2009, a Corporate Counsel cover story, "Was He Listening?" detailed the acquisition.  Though Mr. Lewis had said the bank learned of the losses after the shareholder vote, "evidence is overwhelming that the bank knew much earlier," the story said.  Ultimately, the bank paid for the lack of disclosures in a $150 million settlement after the SEC brought an action – amid Judge Jed Rakoff's criticism of the SEC over what he called its “half-baked justice” for punishing the company and not its executives. This year, shareholders will have the chance to draw blood in U.S. District Court in Manhattan, before Judge Kevin Castel.  To their credit, earlier this year Lewis admitted in a deposition that he knew about the increasing losses when he spoke to shareholders before they voted. Status Update. In a memorandum available Monday, the plaintiffs argued for a partial summary judgment.  It claims Lewis misled the shareholders with false assurances about Merrill’s stability, and asks the judge to find that Lewis’ use of outdated figures was a material statement of fact.  Lewis has always contended, and repeats it here, that he relied on the advice of counsel for his actions and statements.  [See Behind the News story, "Former BofA CEO Merrill Statement 'Very Damaging'".] Plaintiffs are represented by Kaplan Fox & Kilsheimer of New York; Bernstein Litowitz Berger & Grossman of New York; and Kessler Topaz Meltzer & Check of Radnor, Pennsylvania.  In turn, Lewis is represented by Andrew Ceresney, a partner at Debevoise & Plimpton. None of the attorneys have commented on the case. For further details, go to [Law.com, 6/5/12].