HSH Nordbank AG New York Branch v. Swedlow et al, No. 1:2008cv06131 - Document 36 (S.D.N.Y. 2009)

Court Description: OPINION AND ORDER:#97780 For the foregoing reasons, Nordbank's application is granted in part and denied in part. With the exception of the September 23 and 24, 2008, emails between non-party lender KBC Bank and counsel for Nordbank, the documen ts inadvertently produced by Nordbank are protected by the attorney-client privilege and may be recalled. Defendants are therefore ordered to return the privileged documents and are prohibited from using them in discovery or at trial. To the extent any of the documents at issue contain otherwise discoverable non-privileged information, redacted versions of the documents shall be provided. (Signed by Judge Gerard E. Lynch on 7/22/2009) (jfe) Modified on 7/27/2009 (eef).