With no explanation, chose the best option from "A", "B", "C" or "D". sentiment and note that the case before us is somewhat stronger since it does not involve an agreement with a governmental agency purporting to protect the privilege so far as other agencies are concerned.” In re John Doe Corp., 675 F.2d 482, 489 (2d Cir.1982)(citing Permian). Ultimately, however, the John Doe court relied on a finding that the audit committee report in that case was prepared in furtherance of an ongoing criminal enterprise, and overruled the claim of privilege on that ground. Id. at 491. The Southern District of New York, looking to Permian, Westinghouse, In re John Doe Corp., and other cases, rejected selective waiver in any form, even if attempted through a confidentiality agreement. Bowne of New York City, Inc. v. AmBase Corp., 150 F.R.D. 465, 480 (S.D.N.Y.1993) (<HOLDING>). 10 . Utilizing this case for support, the

A: holding that even if the disclosing party requires as a condition of disclosure that the recipient maintain the materials in confidence this agreement does not prevent the disclosure from constituting a waiver of the privilege it merely obligates the recipient to comply with the terms of any confidentiality agreement citations omitted
B: holding that voting agreement that did not comply with certain notice requirements of the act was enforceable because all of the shareholders knew of the agreement and participated in the transaction in question
C: holding that so long as the seller did not have an agreement with the buyer during the term of the listing agreement it was free to delay selling until after the listing agreement had expired even where the delay was for the purpose of escaping the payment of a commission
D: holding that the united states breach of the plea agreement releases the defendant from the appeal waiver
A.