instruction:
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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
the Bond offering because they underwrote the transaction and sold the Bonds to investors, either directly or through their brokers. Indeed, given the role of underwriters generally, Baird, Jones, and Stern “had a duty to make an to speak, they knew investors might rely on the statements made. The law firms’ duty, however, must also be considered in light of the services they were retained to perform. Because Kutak and Stinson were not hired to opine on the feasibility of the Event Center, they cannot have been held to a duty to investigate or determine whether the financial projections were realistic unless these firms otherwise became involved in the making, preparing, or drafting of those projections. See N.Y. City Emps.’ Ret. Sys. v. Berry, 616 F.Supp.2d 987, 994 (N.D.Cal.2009) (<HOLDING>). Similarly, to the extent the law firms 
 Holding statements: (A) holding that nothing in booker or elsewhere requires the district court to state on the record that it has explicitly considered each of the  3553a factors or to discuss each of the  3553a factors (B) holding that substantial participation requires particular facts relating to each djefendants specific role in the preparation of each of the allegedly misleading statements (C) recognizing that questions of changed conditions and the amount of child support must be resolved on the particular facts of each case (D) holding that district court must conduct individualized assessment based on particular facts of each case (E) holding that the issue of waiver requires an analysis of the specific facts in each case
answer:
holding that nothing in booker or elsewhere requires the district court to state on the record that it has explicitly considered each of the  3553a factors or to discuss each of the  3553a factors


question:
by jury is a fundamental guaranty of the rights and liberties of the people. C Prudential that the right to trial by jury is a constitutional right means that the starting point of our analysis is a presumption against the waiver of this constitutional right. See, e.g., Aetna Ins. Co., 301 U.S. at 393, 57 S.Ct. at 811-12; In re Prudential, 148 S.W.3d at 132 (giving right to trial by jury “same protections as other constitutional rights”); accord Ex parte Cupps, 782 So.2d 772, 775 (Ala.2000) (construing scope of contractual jury waiver strictly and narrowly “in deference to the constitutional guarantee of the right to a jury trial”); see also Note, 58 Baylor L.Rev. at 259. But see Lowe Enters. Residential Partners, L.P. v. Eighth Judicial Dist. Ct., 118 Nev. 92, 40 P.3d 405, 410 (2002) (<HOLDING>). Despite the existence of a presumption 
 Holding statements: (A) holding that prospective waivers of claims are void as against public policy (B) holding that the government was not bound by its waivers in three prior contracts (C) holding that german law presumptively confers joint custody upon both parents until a court enters a contrary order (D) holding  without reference to supreme court case law to the contrary  that in nevada contractual jury waivers are presumptively valid (E) holding appellate waivers are enforceable if invoked by the government
answer:
holding that prospective waivers of claims are void as against public policy


question:
quotation marks omitted). The defense bears the burden of satisfying the following three-part test: First, the district court must find that the government, through its own overreaching, has forced the witness to invoke the Fifth Amendment or, that the government has engaged in discriminatory use of grants of immunity to gain a tactical advantage; second, the witness’ testimony must be material, exculpatory and not cumulative; and third, the defendant has no other source to obtain the evidence. United States v. Diaz, 176 F.3d 52, 115 (2d Cir.1999). We reject appellant’s claim that the mere fact that many of the government’s witnesses testified under grants of immunity constitutes a “discriminatory use” of the immunity power. See United States v. Todaro, 744 F.2d 5, 10 (2d Cir.1984) (<HOLDING>). We find that the government’s use of its 
 Holding statements: (A) holding that the number of witnesses immunized by the government without more would not support a finding of discriminatory use (B) holding that material for witnesses need not be produced to defendant where the witnesses were not called as government witnesses at trial (C) holding evidence insufficient to support finding of implied contract (D) holding that criminal defendants are entitled to obtain for impeachment purposes statements made by government witnesses to government agents that relate to the subject matter of the witnesses direct testimony (E) holding that the government had established necessity for wiretaps despite its use of three cooperating witnesses because those witnesses were able to give agents only limited information not including the names of all members of the conspiracy
answer:

holding that material for witnesses need not be produced to defendant where the witnesses were not called as government witnesses at trial