On August 3, 2009, Bank of America agreed to pay a $33 million fine, without admission or denial of charges, to the U.S. Securities and Exchange Commission (SEC) over the non-disclosure of an agreement to pay up to $5.8 billion of bonuses at Merrill. The bank approved the bonuses before the merger but did not disclose them to its shareholders when the shareholders were considering approving the Merrill acquisition, in December 2008.
Toni Nadal confirmed that Nadal would return to play at the Rogers Cup in Montreal. There, he lost in the quarterfinals to Juan Martín del Potro. With this loss, he relinquished the No. 2 spot to Andy Murray on 17 August 2009, ranking outside the top two for the first time since 25 July 2005.