On August 29, 2012, a New Jersey court denied Merrill Lynch & Co. Inc.’s motion for summary judgment over a pension fund’s $300 million investment in preferred stock. According to the complaint, Plaintiff alleges that Merrill Lynch breached its contract by-among other things-providing incomplete financial statements. Judge Barry P. Sarkisian held that, “…based on the testimony provided, as well as the expert reports, there are genuine issues of material fact as to plaintiff’s allegations of untrue and/or incomplete disclosures in financial reports.” Dr. Feinstein was engaged by the Plaintiff in this matter.