In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[EX Q]: waived his attorney-client privilege when his attorney failed to make timely objections to questions that it alleged sought privileged communications. This argument has no merit for two reasons. First, many of the questions Airdata asked did not seek confidential communications. Therefore, no objection was necessary to preserve the privilege. Second, Jenney’s current attorney did make timely objections to those questions actually seeking confidential communications. The fact that Jenney’s attorney had to interrupt him to make the objection is not sufficient to establish a waiver. Because the objections were made as soon as the confidential nature of the communication became apparent, Jenney did not waive the privilege. Cf. Gen. Motors Corp. v. McGee, 837 So.2d 1010 (Fla. 4th DCA 2002) (<HOLDING>); Abamar Hous. & Dev., Inc. v. Lisa Daly Lady 
 Holding statements: (A) holding that the inadvertent disclosure of a privileged document does not waive the attorneyclient privilege if attorney took all reasonable steps to avoid disclosure and asserted the privilege as soon as the disclosure became known (B) holding that where an authorized disclosure is voluntarily made to a nonfederal party whether or not that disclosure is denominated confidential the government waives any claim that the information is exempt from disclosure under the deliberative process privilege (C) holding that disclosure orders adverse to the attorneyclient privilege do not qualify for immediate appeal under the collateral order doctrine (D) holding attorneyclient privilege protects disclosure of communications but does not protect client from disclosure of underlying facts (E) holding that the disclosure is a public disclosure within the meaning of the fca if the the prior public disclosure  contained enough information to enable the government to pursue an investigation against the defendant
[EX A]: (A)

[EX Q]: The State Defendants also cite to cases from other circuits refusing to apply Ex Parte Young in suits challenging statutorily-created private rights of action. Okpalobi, 244 F.3d at 416-24; Children’s Healthcare is a Legal Duty, Inc. v. Deters, 92 F.3d 1412, 1416-17 (6th Cir.1996); see also Summit Med. Assocs., 180 F.3d at 1342. Their holdings are unsurprising given that no state officials were charged with enforcing those laws. However, in the case before me, certain state officials are expressly charged with enforcing the law. Indeed, the Eleventh and Sixth Circuits distinguished the cases before them from cases challenging penal laws enforceable by state officials, finding the latter suitable for application of Ex Parte Young. See Summit Med. Assocs., 180 F.3d at 1337-41 (<HOLDING>); Deters, 92 F.3d at 1416 n. 10 (distinguishing 
 Holding statements: (A) holding that the statute as applied violates the commerce clause (B) holding no error occurred in excluding portion of statement offered by defendant because the rejected portion of the conversation in no manner explains or modifies that portion of the conversation which came into evidence (C) holding that an offender convicted under the bestiality portion of the criminal sodomy statute does not have standing to challenge the constitutionality of die portion of the statute that criminalizes homosexual conduct (D) holding that clear language in one portion of a later may cause ambiguity in another portion to dissipate (E) holding that ex parte young applied to plaintiffs claims against the criminal portion of the statute
[EX A]: (E)

[EX Q]: Amended Complaint. 4 . The District Court previously dismissed the Negligent Infliction of Emotional Distress claim by stipulation of the parties. 5 . In support of its contention that O’Connell intended to remain in Virginia, the NJTA notes that: (1) O’Connell's program was initially scheduled to end on June 11, 2011, but he remained in Virginia well into 2012; and (2) O’Connell updated his Linkedln profile in May 2011 to reflect a new job title for a position that was located in Virginia. We find this proffer falls well short of "clear and unequivocal” evidence that O’Connell intended to remain in Virginia. First, the reason O’Connell remained in Virginia past his originally scheduled end date was because he underwent treatment for thyroid cancer that required two s 5 (3d Cir.1986) (<HOLDING>). Moreover, the references to O’Connell's 
 Holding statements: (A) holding a plaintiff must allege the violation of a right secured by the constitution and laws of the united states to state a claim under  1983 (B) holding that agency must examine  the relevant data and articulate  a satisfactory explanation for its action quoting state farm 463 us at 43 103 sct 2856alterations omitted (C) holding that the plaintiff must demonstrate that defendants contacts with the united states as a whole support the exercise of jurisdiction consistent with the constitution and laws of the united states (D) holding that in order to present a federal question a right or immunity created by the constitution or laws of the united states must be an element and an essential one of the plaintiffs cause of action quoting franchise tax bd v constr laborers vacation trust 463 us 1 1011 103 sct 2841 77 led2d 420 1983 (E) holding that in order to prevail under  1983 a plaintiff must show 1 that defendants deprived him or her of a right secured by the constitution or laws of the united states and 2 that in doing so defendants acted under color of state law internal quotation marks omitted
[EX A]:
(D)