Read the following excerpt from a US court opinion:
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Co., 120 F.R.D. 82, 86-87 (N.D.Ind.1987)); Aiken v. Texas Farm Bureau Mutual Ins. Co., 151 F.R.D. 621, 623 n. 2 (E.D.Tex.1993) (citing Shields v. Sturm, Ruger & Co., 864 F.2d 379, 382 (5th Cir.1989); United States v. AT & T, 642 F.2d 1285, 1299 (D.C.Cir.1980)). Unlike the attorney-client privilege, the burden of proving waiver of work-product protection falls on the party asserting waiver. See High Tech Communications, 1995 WL 83614, at *5. C. Joint Defense Privilege The “joint defense” privilege, sometimes called the “common interest” or “community of interest” rule is not an independent privilege, but merely an exception to the general rule that no privilege attaches to communications that are made in the presence of or disclosed to a third party. See In re Auclair, 961 F.2d at 69 ; LTV, 89 F.R.D. at 604 (The joint defense
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What is the most suitable continuation to the opinion? Your options are:
A. holding that the joint defense privilege preserved the attorneyclient privilege against waiver in the context of a group with common interests seeking common representation
B. holding that an invocation of the advice of counsel defense waives the attorneyclient privilege
C. holding that failure to timely assert attorneyclient privilege constitutes waiver
D. holding that the information is not protected by attorneyclient privilege
E. recognizing privilege
Reply with [A, B, C, D, E] only.