Lawyers for Banc of America Securities LLC presented e-mail evidence in a New York federal court Friday that they say shows that Kasowitz, Benson, Torres & Friedman used documents that were under a protective order to bring a case against several hedge funds on behalf of Biovail Pharmaceuticals, a drugmaker.
Gary Svirsky, a partner at O’Melveny & Myers who represents B of A, asked Judge Richard Owen to disqualify Kasowitz Benson as counsel in the case. Svirsky also asked the judge to order Kasowitz Benson to pay B of A’s attorney fees.
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