New York law governing the attorney-client privilege is generally similar to accepted federal doctrine, albeit with certain variants to be noted. The privilege is defined by C.P.L.R. § 4503, which protects confidential communications made between the attorney ... and the client in the course of professional employment .... To sustain a claim of privilege, the party invoking it must demonstrate that the information at issue was a communication between client and counsel or his employee, that it was intended to be and was in fact kept confidential, and that it was made in order to assist in obtaining or providing legal advice or services to the client. If the communication concerns business matters, the privilege does not apply. Moreover, the privilege is vitiated if the contents of the communication are disclosed to others for reasons other than assistance of the attorney in the performance of legal services.
The two documents, two e-mails totaling three pages, were inadvertently produced by Atronic as it responded to SAI's document requests by producing hundreds of pages of documents. In each instance, Hartwig Schumann of Atronic e-mailed Richard Trachok, Atronic's international *163 legal counsel, in order to obtain advice on how to deal with SAI in the then-brewing dispute. Mr. Schumann was the Atronic employee who most dealt with SAI concerning the contract in issue. Mr. Trachok is a member of the Nevada law firm of Bible, Hoy and Trachok, P.C. and is admitted to practice law in Nevada. The two e-mails are privileged, which Atronic did not waive, and must be returned and not used in this case.
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