And what if smoking-gun e-mails turn up that show Merck knew the risks and refused to act? asks lawyer Jay Mayesh of firm Kaye Scholer.

FORBES: Merck's Mess

The smoking gun--or guns--are apparently e-mails showing that CSFB investment bankers touted biased stock research as a marketing edge in drumming up new clients.

FORBES: Massachusetts Finds CSFB 'Smoking Gun'

"The guard would need to be about 3 meters tall to carry the gun for those, " security analyst Zoran Kusovac wrote in an e-mail to CNN.

CNN: Libya seen through Gadhafi's keyhole