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.

[Q]: second and third elements under Fed.R.Civ.P. 24(a)(2), the existence of a sufficient interest, and whether disposition of that interest would effectively impede the putative intervenors’ ability to protect that interest. Among the interests that satisfy these criteria are injury to reputation, see Penthouse Int'l Ltd. v. Playboy Enterprises, Inc., 663 F.2d 371, 373, 392 (2d Cir.1981), need to protect the attorney-client privilege, see In re Katz (Jamil v. United States), 623 F.2d 122 (2d Cir.1980), and need to protect the attorney work-product privilege. See United States v. AT & T, 642 F.2d 1285, 1290-92 (D.C.Cir.1980), citing, Reisman v. Caplin, 375 U.S. 440, 445, 84 S.Ct. 508, 511-12, 11 L.Ed.2d 459 (1964); see also In re Grand Jury Proceedings, 735 F.2d 1330, 1331 (11th Cir.1984) (<HOLDING>); In re Grand Jury Proceedings, 604 F.2d 798, 
 Holding statements: (A) recognizing that a district court should allow intervention by a client in the first instance as soon as the attorneyclient privilege issue is raised (B) 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 (C) holding that where an issue is raised in the district court but raised late and the district court declines to deem the issue waived the issue may be raised on appeal (D) recognizing intervention to assert both the attorneyclient and work product privileges (E) holding that the information is not protected by attorneyclient privilege
[A]: (A)


[Q]: industry is constitutional.” Reply [# 29] at 3. Defendants maintain that “the Court may not rely on a federal regulation (9 C.F.R. § 2.126) or on the Guide to conclude that the Fourth Amendment right at issue is clearly established.” Id. at 4 (emphasis in original). Defendants further argue that even if the Court considered the regulation and the Guide, they do not limit the APHIS’ powers of inspection or set policy. Id. at 5. As an initial matter, the Court agrees with Plaintiffs that they are not challenging the statutory scheme governing the USDA’s warrantless searches, but rather are challenging the application of that statutory scheme by the Inspector Defendants on May 7, 2013 at Big Cats. See, e.g., LeSueur-Richmond Slate Corp. v. Fehrer, 666 F.3d 261, 268-69 (4th Cir.2012) (<HOLDING>). In LeSueur, the Fourth Circuit closely 
 Holding statements: (A) holding that the fourth amendment protects property as well as privacy (B) holding that under the fourth amendment a party may challenge both the constitutionality of the act permitting warrantless searches as well as the conduct of the government officials in a particular case (C) holding that government employers may conduct warrantless workrelated searches of employees offices without probable cause (D) holding a person may consent to warrantless searches as a condition of a suspended sentence (E) holding there is no requirement that the government obtains a warrant at the first moment probable cause exists  the touchstone for determining the constitutionality of warrantless searches is one of reasonableness under the circumstances
[A]: (B)


[Q]: States v. Wright, 932 F.2d 868, 876 (10th Cir.1991) (dismissing the defendant’s variance argument “by simply stating that the evidence underlying his conviction for either conspiracy was strong enough that any prejudice arising from the variance was harmless”), overruled on other grounds by United States v. Flowers, 464 F.3d 1127 (10th Cir.2006). In addition to the in-cou conspiracy, any potential spillover effect concerning the drug quantities did not prejudice Herrera in any way. In sum, despite the fact that the government actually proved two separate conspir acies and not the single conspiracy-charged, there is no risk that the jury convicted Herrera for a conspiracy or for transactions in which he did not participate. See United States v. Morse, 785 F.2d 771, 775 (9th Cir.1986) (<HOLDING>). Accordingly, this variance did not prejudice 
 Holding statements: (A) holding plaintiff could not prevail on productsliability action where there was no proof he used defendants product (B) holding that there could be no risk of spillover evidence where there was significant proof that both defendants participated in all the transactions (C) holding that evidence did not establish commercial bribery because there was no proof of inducement (D) holding there was no error in refusing to charge accessory after the fact because there is no exclusionary situation which eliminates one defendant or the other from having participated in the murder as a principal (E) holding that there is no basis in law to submit the issue of plaintiffs negligence to the jury when there was no evidence that plaintiff incited the dog or voluntarily or unreasonably exposed herself to a known risk
[A]:
(B)