Nomura Asset Capital Corp. v. Cadwalader, Wickersham & Taft LLP

Order, Supreme Court, New York County (Herman Cahn, J.), entered August 21, 2008, which, in an action for legal malpractice, inter alia, denied defendant law firm’s motion to compel plaintiffs production of certain privileged attorney-client communications, unanimously affirmed, without costs.

This legal malpractice action arises from defendant’s allegedly negligent advice in regard to Nomura’s formation of the so-called D5 Trust, a securitized pool of 156 mortgage loans totaling $1.8 billion which closed in October 1997. The transaction was to be compliant with the Internal Revenue Code’s…