Bank of America Names Brian Moynihan General Counsel

10 December 2008

CHARLOTTE – Bank of America Corporation today (10 December 2008) said Brian Moynihan, president of Global Corporate and Investment Banking, has been named general counsel. He succeeds Timothy Mayopoulos who is leaving the company.

Moynihan, 49, is a member of the bank’s executive management team and will continue to report to Ken Lewis, chairman and chief executive officer. He will continue to serve as chief executive officer of Banc of America Securities LLC through an appropriate transition period related to the Merrill Lynch & Co., Inc. transaction. Moynihan’s other current responsibilities will be covered by other executives and his appointment is effective today.

“In these tumultuous times, the role of general counsel requires broad business and legal expertise,” Lewis said. “As general counsel for the combined Bank of America and Merrill Lynch, Brian will continue to be a key member of my management team.”

Moynihan joined Bank of America in 2004 as the president of the Global Wealth and Investment Management unit, following Bank of America’s FleetBoston Financial acquisition. He originally joined that company in April 1993 as deputy general counsel.

He is a graduate of Brown University and the University of Notre Dame Law School. He serves on the boards of directors of YouthBuild Boston and the Boys and Girls Clubs of Boston. He is a former chairman of the Travelers Aid Society of Rhode Island and Providence Haitian Project, Inc.

“Tim Mayopoulos served our company with distinction and we wish him great success in his future endeavors,” Lewis said.

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