IMHO, technically BAC is due for a pullback to the 12's It's recent run up has been on relatively low volume. While the last few down days has been on relatively higher volume which is a negative. With the lawsuit hearings going on it's - in my opinion - time to sit on the sidelines with regards to BAC or just day-trade it for 5-20 cent increments. If you want to "gamble" in either direction buy weekly puts or calls. Don't get me wrong, if they clear up the lawsuit in their favor BAC should move higher in relatively short-order. If they lose, who knows. Bottomline, it's all about risk / reward (in the short-term) and the risk of being long overnight at the moment is too great for me.