Read the following excerpt from a US court opinion:
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his deposition and go over his testimony. They were under no obligation to do so. See Grand Jury Proceedings, 219 F.3d at 191 (contrasting subpoenaed grand jury testimony with voluntary disclosure). This “deliberate, affirmative, and selective” use of work product waives the SEC’s ability to now assert the privilege against the defendants. See also In re Grand Jury Subpoenas Dated June 5, 2008, 329 Fed.Appx. 302, 303-04 (2d Cir.2009) (summary order) (“Disclosure to Roe waived the privilege because Roe had firsthand and independent knowledge of the facts at the center of the grand jury’s investigation, she had separate representation from Doe, and her interests in the litigation were divergent from those of Doe.”); Ricoh Co., Ltd. v. Aeroflex, Inc., 219 F.R.D. 66, 70-71 (S.D.N.Y.2003) ; Medinol, Ltd. v. Boston Scientific Corp., 214
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What is the most suitable continuation to the opinion? Your options are:
A. holding privilege waived where plaintiffs counsel shared legal strategy with a thirdparty witness against whom plaintiffs had tolled claims
B. holding that opinion work product is entitled to nearly absolute protection with limited exceptions
C. holding work product protection waived for disclosures to independent auditor who did not share common interests with corporation
D. holding work product protection waived where company shared litigation strategy against plaintiff with nonparty independent contractor
E. holding defendants waived work product protection over emails that defense counsel sent to independent thirdparty witness with whom defendants did not share common interest
Reply with [A, B, C, D, E] only.