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A.J. Kess Quoted in Bloomberg on Splitting CEO and Chairman Roles at BofA

09.11.15

Corporate Partner A.J. Kess was quoted in Bloomberg discussing a dispute among Bank of America investors over Brian Moynihan’s position as both CEO and chairman of the bank’s Board of Directors. A vote was called after a 2009 shareholder-backed bylaw requiring an independent chairman was rewritten in October, without consulting investors. A.J. predicted that the outcome of the vote will be close, with a multitude of smaller investors favoring division of the titles while the lender’s 10 biggest investors, which hold approximately one quarter of the bank’s stock, prefer the roles remain merged. “[T]he largest shareholders,” A.J. explained, “will likely conclude that the very real risk of disruption from separating the roles is not worth the theoretical benefits that may come.”

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