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38-635: (Redirected from Chinese Wall ) [REDACTED] Look up Chinese wall  or Chinese Wall in Wiktionary, the free dictionary. A Chinese wall is an information barrier protocol established within an organization to prohibit exchanges of information between persons whose interaction might produce conflicts of interest. The term may also refer to: In China [ edit ] The Great Wall of China , massive series of fortifications in northern China built to defend against nomadic peoples living to

76-545: A Chinese American , wrote a concurring opinion specifically in order "to express my profound objection to the use of this phrase in this context". He called the term a "piece of legal flotsam which should be emphatically abandoned", and suggested "ethics wall" as a more suitable alternative. He maintained that the "continued use of the term would be insensitive to the ethnic identity of the many persons of Chinese descent". Alternative phrases include "screen", " firewall ", " cone of silence" , and "ethical wall". "Screen", or

114-485: A client when any one of them practicing alone would be prohibited from doing so by Rules 1.7 or 1.9, unless the prohibition is based on a personal interest of the prohibited lawyer and does not present a significant risk of materially limiting the representation of the client by the remaining lawyers in the firm." Although ABA rules are only advisory, most U.S. states have adopted them or have even stricter regulations in place. Chinese or ethical walls may be required where

152-549: A colleague's opinions written in the new format. Garner says that one of the main reasons for the reform is to make legal writing more comprehensible to readers who lack a legal education. That has attracted opposition, most notably from Judge Richard Posner of the U.S. Court of Appeals for the Seventh Circuit , and from his co-author, Justice Antonin Scalia . Since 1992, Garner has contributed numerous revisions to

190-416: A company which already has a contract with a public body intends to bid for a new contract, in circumstances where the public body concerned wishes to maintain a fair competitive procedure and avoid or minimise the advantage which the existing contractor may have over other potential bidders. In some cases UK public sector terms of contract require the establishment of "ethical wall arrangements" approved by

228-403: A general audience, and others for legal professionals. Garner also wrote two books with Justice Antonin Scalia : Making Your Case: The Art of Persuading Judges (2008) and Reading Law: The Interpretation of Legal Texts (2012). He is the founder and president of LawProse Inc. Garner serves as Distinguished Research Professor of Law at Southern Methodist University Dedman School of Law . He

266-521: A nickname for restrictions on internet access in China Chinese room , an argument for the existence of limitations on artificial intelligence systems Other [ edit ] Chinese architecture for walls in Chinese buildings Chinese drywall , a building material known for causing health problems between 2001 and 2009 Wall (Chinese constellation) , in Chinese astrology, one of

304-443: A piece of hardware in order to enable it to work in an operating system unsupported by the manufacturer of the hardware, or to add functionality or increase the performance of its operations (not provided by the manufacturer) in the supported operating system, or to restore the usage of a piece of computer hardware for which the driver has disappeared altogether. A reverse engineered driver offers access to development, by persons outside

342-423: A potential conflict of interest except within very narrow exceptions. They are, however, still used in conjunction with requests from clients as a condition of waivers, or as a prudential measure within the firm to prevent or address potential business issues. The American Bar Association Model Rules of Professional Conduct (2004) state: "While lawyers are associated in a firm, none of them shall knowingly represent

380-504: A publication's news and opinions arms. The term is used in property and casualty insurance to describe the separation of claim handling where both parties to a claim (e.g. an airport and an airline) have insurance policies with the same insurer. The claim handling process needs to be segregated within the organisation to avoid a conflict of interest. This also occurs when there is an unidentified or uninsured motorist involved in an auto collision. In this case, two loss adjusters will take on

418-814: Is also a lecturer at his alma mater, the University of Texas School of Law . He is the founder and chair of the board for the American Friends of Dr. Johnson's House, a nonprofit organization supporting the house museum in London that was the former home of Samuel Johnson , the author of the first authoritative Dictionary of the English Language . Garner was born on November 17, 1958, in Lubbock, Texas , and raised in Canyon, Texas . He attended

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456-575: Is important but non-bibliographic. He opposes references such as "457 U.S. 423, 432, 102 S.Ct. 2515, 2521, 89 L.Ed.2d 744, 747" as interruptions in the middle of a line. However, such interruptions in judges' opinions and in lawyers' briefs have remained the norm. Some courts and advocates around the country have begun adopting Garner's recommended style of footnoted citations, and a degree of internal strife has resulted within some organizations. For example, one appellate judge in Louisiana refused to join in

494-405: Is involved in an important business matter concerning the licensing of each of a computer's many software and hardware components. Any hardware component that requires direct software interaction will have a license for itself and a license for its software "driver" running in the operating system. Reverse engineering software is a part of computer science that can involve writing a driver for

532-679: The U.S. Court of Appeals for the Fifth Circuit before he joined the Dallas firm of Carrington, Coleman, Sloman & Blumenthal. He then returned to the University of Texas School of Law and was named director of the Texas/Oxford Center for Legal Lexicography. In 1990, he left the university to found LawProse Inc., which provides seminars on clear writing, briefing and editing for lawyers and judges. Garner has taught at

570-611: The University of Texas School of Law , the UC Berkeley School of Law , Texas Tech University School of Law , and Texas A&M University School of Law . He has been awarded three honorary doctorates from Stetson , La Verne , and Thomas M. Cooley Law School . He serves on the Board of Advisers of The Green Bag . As a student at the University of Texas School of Law in 1981, Garner began noticing odd usages in lawbooks, many of them dating back to Shakespeare . They became

608-643: The University of Texas at Austin , where he published excerpts from his senior thesis, notably "Shakespeare's Latinate Neologisms" and "Latin-Saxon Hybrids in Shakespeare and the Bible". After receiving his Bachelor of Arts degree, Garner entered the University of Texas School of Law , where he served as an associate editor of the Texas Law Review . After receiving his Juris Doctor degree in 1984, he clerked for Judge Thomas M. Reavley of

646-412: The " Brewer and Nash model ". It is a security model where read/write access to files is governed by membership of data in conflict-of-interest classes and datasets. Bryan A. Garner Bryan Andrew Garner (born November 17, 1958) is an American legal scholar and lexicographer . He has written more than two dozen books about English usage and style such as Garner's Modern English Usage for

684-507: The advice given to clients making investments, and allow staff to take advantage of facts that are not yet known to the general public. The phrase "over the wall" is used by equity research personnel to refer to rank-and-file personnel who operate without an ethics wall at all times. Examples include members of the Chinese wall department, most compliance personnel, attorneys and certain NYSE-licensed analysts. The term "already over

722-447: The claim - one representing the insured party and another representing the uninsured or unidentified motorist. While they both represent the same policy, they both must investigate and negotiate to determine fault and what if anything is covered under the policy. In this case, a Chinese wall is erected between the two adjusters. Chinese walls may be used in law firms to address a conflict of interest , for example to separate one part of

760-417: The code, based only on that documentation. Once the new code begins to function with tests on the hardware, it is able to be refined and developed over time. This method insulates the new code from the old code, so that the reverse engineering is less likely to be considered by a jury as a derived work . The basic model used to provide both privacy and integrity for data is the "Chinese wall model" or

798-449: The company that manufactured it, of the general hardware usage. There is a case-law mechanism called " clean room design " that is employed to avoid copyright infringement when reverse engineering a proprietary driver. It involves two separate engineering groups separated by a Chinese wall. One group works with the hardware to reverse engineer what must be the original algorithms and only documents their findings. The other group writes

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836-491: The conflict of interest between objective company analysis and the desire for successful initial public offerings . Rather than prohibiting one company from engaging in both businesses, the government permitted the implementation of Chinese-wall procedures. A leading note on the subject published in 1980 in the University of Pennsylvania Law Review titled "The Chinese Wall Defense to Law-Firm Disqualification" perpetuated

874-477: The customer as a pre-condition for involvement in the procurement process for additional goods and services or for a successor contract. In computer science , the concept of a Chinese wall is used by both the operating system for computer security and the US judicial system for protection against copyright infringement. In computer security it concerns the software stability of the operating system . The same concept

912-656: The field of procedural rules, when he began revising all amendments to the sets of Federal Rules ( Civil , Appellate , Evidence , Bankruptcy , and Criminal ) for the Judicial Conference of the United States . Garner and Justice Scalia wrote Making Your Case: The Art of Persuading Judges (2008). Garner maintains a legal consulting practice, focusing on issues in statutory construction and contractual interpretation. Garner's books on English usage include Garner's Modern English Usage . This dictionary

950-444: The firm representing a party on a deal or litigation from another part of the firm with contrary interests or with confidential information from an adverse party . Under UK law, a firm may represent competing parties in a suit, but only in strictly defined situations and when individual fee earners do not act for both sides. In United States law firms, the use of Chinese walls is no longer sufficient on its own to eliminate or "cure"

988-447: The interests of their current employer and the clients they represent. A Chinese wall is commonly employed in investment banks , between the corporate-advisory area and the brokering department. This separates those giving corporate advice on takeovers from those advising clients about buying shares and researching the equities themselves. The "wall" is thrown up to prevent leaks of corporate inside information, which could influence

1026-501: The investment banking departments of the same research firms. The U.S. government has since passed laws strengthening the use ethics walls such as Title V of the Sarbanes–Oxley Act in order to prevent such conflicts of interest. Ethics walls are also used in the corporate finance departments of the " Big Four " and other large accountancy and financial services firms. They are designed to insulate sensitive documentation from

1064-447: The link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Chinese_wall_(disambiguation)&oldid=1171154705 " Category : Disambiguation pages Hidden categories: Short description is different from Wikidata All article disambiguation pages All disambiguation pages Chinese wall Bryan Garner 's Dictionary of Modern Legal Usage states that

1102-526: The metaphor title "derives of course from the Great Wall of China ", although an alternative explanation links the idea to the screen walls of Chinese internal architecture . The term was popularized in the United States following the stock market crash of 1929 , when the U.S. government legislated information separation between investment bankers and brokerage firms , in order to limit

1140-700: The north of the wall. Chinese city wall , defensive systems used to protect towns and cities in China in pre-modern times In geography [ edit ] Chinese Wall (Idaho) , a peak in the White Cloud Mountains, Idaho Chinese Wall (Montana) , a 1,000 foot high, 15-mile long escarpment along the Continental Divide in the Bob Marshall Wilderness, Montana Chinese Wall, a former stone viaduct and barrier on

1178-501: The northern mansions of the Black Tortoise A German tag game from the 19th century; see British Bulldog (game) § Chinese wall See also [ edit ] Great Wall (disambiguation) Long Wall (disambiguation) Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title Chinese wall . If an internal link led you here, you may wish to change

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1216-600: The site of the current Penn Center, Philadelphia In media and entertainment [ edit ] The Chinese Wall , a play by Max Frisch Chinese Wall (album) , the 1984 album by Philip Bailey "Chinese Wall" ( Mad Men ) , the eleventh episode of the fourth season of the television series Mad Men In computing and security [ edit ] Brewer and Nash model , a multi-lateral computer security policy Golden Shield Project , also called National Public Security Work Informational Project, China's project for censorship and surveillance Great Firewall ,

1254-436: The source material for his first book, A Dictionary of Modern Legal Usage (1987). Since 1990, his work has focused on teaching the legal profession clear writing techniques. In books, articles, and lectures, Garner has tried to reform the way bibliographic references are " interlarded " (interwoven) in the midst of textual analysis. He argues for putting citations in footnotes and notes that in-text information that

1292-421: The use of the term. There have been disputes about the use of the term for some decades, particularly in the legal and banking sectors. The term can be seen both as culturally insensitive and an inappropriate reflection on Chinese culture and trade, which are now extensively integrated into the global market. In Peat, Marwick, Mitchell & Co. v. Superior Court (1988), Presiding Justice Harry W. Low,

1330-723: The verb "to screen", is the preferred term of the American Bar Association Model Rules of Professional Conduct . The ABA Model Rules define screening as "the isolation of a lawyer from any participation in a matter through the timely imposition of procedures within a firm that are reasonably adequate under the circumstances to protect information that the isolated lawyer is obligated to protect under these Rules or other law", and suitable "screening procedures" have been approved where paralegals have moved from one law firm to another and have worked on cases for their former employer which may conflict with

1368-571: The wall" is used when an employee who is not normally privy to wall-guarded information somehow obtains sensitive information. Breaches considered semi-accidental were typically not met with punitive action during the heyday of the " dot-com " era. These and other instances involving conflicts of interest were rampant during this era. A major scandal was exposed when it was discovered that research analysts were encouraged to blatantly publish dishonest positive analyses on companies in which they, or related parties, owned shares, or on companies that depended on

1406-414: The wider firm in order to prevent conflicts. The term is used in journalism to describe the separation between the editorial and advertising arms. The Chinese wall is regarded as breached for " advertorial " projects. In student journalism , maintaining a publication's independence from its associated educational institution can be a challenge. Separately, the term can refer to a separation between

1444-598: Was the subject of David Foster Wallace 's essay "Authority and American Usage" in Consider the Lobster and Other Essays , originally published in the April 2001 issue of Harper's Magazine . In 2003, Garner contributed a chapter on grammar and usage to the 15th edition of The Chicago Manual of Style , and later editions have retained it. In 1995, Garner became the editor-in-chief of Black's Law Dictionary . He created

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