EVERYTHING Bank of America produced to Cuomo and Congress goes to plaintiffs in the S.D.N.Y.

Bad week for BofA. For several reasons, but in the case of this post: S.D.N.Y. Judge Denny Chin ruled earlier this week that plaintiffs proceeding before him against BofA are entitled to whatever documents BofA has produced to date.

To be clear, this includes the otherwise privileged documents that BofA agreed to produce to Cuomo, the SEC, Congress ... It is speculated the protective order those documents were produced under (and was conceivably requested to prohibit any other parties from having access to these documents) can be construed as protecting from protection only those documents not already produced or requested by Cuomo, the SEC, Congress ...

Recall: a separate plaintiff's suit is proceeding against BofA in the Delaware Chancery Court, and earlier this month was awarded the right to request discovery of the same otherwise privileged documents.

Chin's order is here. Rakoff's protective order is here. BofA's litigation settlement allocation is here (joking. not really).

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