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]: 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
[A]: (A)


[Q]: That decision will not be disturbed on appeal even in cases in which the record does not reflect that the issue was ever considered by the parties or the trial court. Wilson, 692 S.W.2d at 671. As appellee points out, Wilson was a case in which the defendant appealed after the trial court denied his motion to suppress, and did not involve a State’s appeal. Wilson, 692 S.W.2d at 668 (noting at the time Wilson was decided that the State did not have the right to appeal the granting of a motion to suppress); Flores, 871 S.W.2d at 720. Although distinguishable in this respect, the reasoning of Wilson is still applicable to the instant case and the observations made in Wilson remain true regardless of which party originally initiates the appellate process. Cf. Wilson, 692 S.W.2d at 668 (<HOLDING>); State v. Brady, 763 S.W.2d 38, 42 (Tex.App. — 
 Holding statements: (A) recognizing though not relying upon the line of cases which hold the government may raise the issue of standing for the first time on appeal regardless of whether the motion to suppress was granted or denied (B) holding that a defendant who fails to raise a specific issue as the basis for suppression in a motion to suppress to the district court has waived the right to raise that issue on appeal (C) holding that standing is a jurisdictional issue that can be raised for the first time on appeal (D) holding that a party may not raise an issue for the first time on appeal (E) holding defendants argument the court erroneously denied his motion to suppress was reviewable as a constitutional issue even though defendant failed to raise the issue in a written posttrial motion
[A]: (A)


[Q]: adopted in United States v. Mykytiuk, 415 F.3d 606, 608 (7th Cir.2005), for sentences within the guidelines range cannot be reconciled with the advisory character of the guidelines established in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). This court rejected the same contention in Mykytiuk, 415 F.3d at 607 (“[WJhile a per se or conclusively presumed reasonableness test would undo the Supreme Court’s merits analysis in Booker, a clean slate that ignores the proper Guidelines range would be inconsistent with the remedial opinion.”); see Hankton, 463 F.3d at 630 n. 5 (dismissing as “ridiculous” the argument that applying Mykytiuk’s rebuttable presumption renders guidelines mandatory); United States v. Williams, 436 F.3d 767, 769 (7th Cir.2006) (<HOLDING>). Black alone argues that it was error to 
 Holding statements: (A) recognizing that mykytiuk avoids conflict with booker (B) recognizing conflict between circuits (C) recognizing the conflict (D) recognizing an exception to the conflict rule where the conflict arose after the award of the contract (E) recognizing conflict
[A]:
(A)