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127-744: Malaysia Film Festival ( FFM ; Malay : Festival Filem Malaysia ) is an annual awards ceremony organized by the Entertainment Journalists Association of Malaysia to honour excellence in Malaysian film . It is considered to be Malaysia's own equivalent to the Academy Awards and it is one of the major entertainment awards presented in Malaysia, alongside the Anugerah Bintang Popular for

254-419: A law firm ) from representing any other party with interests adverse to those of a current client. The few exceptions to this rule require informed written consent from all affected clients, i.e. , an "ethical wall". In some circumstances, a conflict of interest can never be waived by a client. In perhaps the most common example encountered by the general public, the same firm should not represent both parties in

381-464: A borrower bringing suit against her lender for charging a usurious interest rate while simultaneously representing the mortgage broker who arranged the loan as a third party defendant in the same lawsuit. Although neither client had brought an action against the other, the court found a material limitation conflict: "Advocating for Client A would potentially harm Client B, who was potentially liable for contribution. Kalla's ability to fully advocate for both

508-620: A client if the client's interests conflict with those of another client, even if the two clients are represented by separate lawyers within the firm, unless (in some jurisdictions) the lawyer is segregated from the rest of the firm for the duration of the conflict. Law firms often employ software in conjunction with their case management and accounting systems in order to meet their duties to monitor their conflict of interest exposure and to assist in obtaining waivers. More generally, conflicts of interest can be defined as any situation in which an individual or corporation (either private or governmental)

635-409: A client or defends an adversary in an action their client has brought. It may also arise in the context of business negotiations, when a lawyer negotiates on behalf of an adversary against a current client, even if the matter is unrelated to any matter the lawyer is handling for the client. However, merely advocating opposite sides of the same legal issue does not give rise to direct adversity. Even if

762-405: A client will not consent to a conflict and allow a lawyer to take on another representation, the lawyer cannot then withdraw from the existing representation, thus turning the existing client into a former client and ending the duty of loyalty. As the courts have stated, the lawyer cannot "drop a client like a hot potato" to cure a conflict. This label has stuck, and the doctrine is now aptly called

889-412: A conflict of interest can exist even if there are no improper acts as a result of it. (One way to understand this is to use the term "conflict of roles". A person with two roles—an individual who owns stock and is also a government official, for example—may experience situations where those two roles conflict. The conflict can be mitigated—see below—but it still exists. In and of itself, having two roles

1016-434: A corporate client the law firm represents..." A concurrent conflict will also exist when "there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer." Comment 8 to Model Rule 1.7 states, by way of example, that an attorney representing multiple persons forming

1143-409: A decision is being taken in a fiduciary context, it is important that the contending interests be clearly identified and the process for separating them is rigorously established. Typically, this will involve the conflicted individual either giving up one of the conflicting roles or else recusing themselves from the particular decision-making process in question. The presence of a conflict of interest

1270-672: A descendant of the Proto-Austronesian language , began to break up by at least 2000 BCE, possibly as a result of the southward expansion of Austronesian peoples into Maritime Southeast Asia from the island of Taiwan . The history of the Malay language can be divided into five periods: Old Malay, the Transitional Period, the Classical Malay, Late Modern Malay and Modern Malay. Old Malay is believed to be

1397-492: A divorce or child custody matter. Found conflict can lead to denial or disgorgement of legal fees, or in some cases (such as the failure to make mandatory disclosure), criminal proceedings. In 1998, a Milbank, Tweed, Hadley & McCloy partner was found guilty of failing to disclose a conflict of interest, disbarred, and sentenced to 15 months of imprisonment. In the United States, a law firm usually cannot represent

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1524-399: A financial transaction such as an insurance claim. This problem is exacerbated when the claimant is told or believes, the insurance company's claims adjuster is fair and impartial enough to satisfy both their and the insurance company's interests. These types of conflicts could easily be avoided by the use of a third-party platform, independent of the insurers, which is agreed to, and named in

1651-455: A height of 13 inches and a width of 4 inches. Among the contested awards in the festival: There are 13 contested awards: There are 12 contested awards: On 3 August 2016, the nominees list for the 28th Malaysian Film festival was revealed to the public. It came to attention that Jagat and Ola Bola , both of which were critically acclaimed and the latter being one of the highest grossing domestic films of all time, were disqualified from

1778-457: A joint venture may be materially limited in recommending the courses of action that any jointly represented client may take because of the lawyer's duty to the other participants in the joint venture. The Supreme Court of Minnesota found a material limitation conflict in In re Petition for Disciplinary Action Against Christopher Thomas Kalla. In Kalla, an attorney was disciplined for representing

1905-629: A lawyer acting directly adverse to a client is when the lawyer sues the client. At the other end of the spectrum is when a lawyer represents business competitors of the client who are not adverse to it in a lawsuit or negotiation. Representing business competitors of a client in unrelated matters does not constitute direct adversity nor give rise to a loyalty conflict. As one state bar ethics committee has noted: An attorney's representation of one client will often have indirect effects on other existing clients. For example, simultaneously representing business competitors on unrelated matters may indirectly impair

2032-413: A lawyer's advocacy in an unrelated matter may make unfavorable law for another client, such effects are only indirect and not subject to the conflicts rules. There is no conflict in advocating positions that may turn out to be unfavorable to another client so long as the lawyer is not directly litigating or negotiating against that client. One of the most frequently arising questions in corporate practice

2159-450: A legal matter, for example, when an individual tries (and/or succeeds in) influencing the outcome of a decision, for personal benefit. A director or executive of a corporation will be subject to legal liability if a conflict of interest breaches his/her duty of loyalty . There often is confusion over these two situations. Someone accused of a conflict of interest may deny that a conflict exists because he/she did not act improperly. In fact,

2286-527: A lingua franca derived from Classical Malay as well as Makassar Malay , which appears to be a mixed language . Malay historical linguists agree on the likelihood of the Malayic homeland being in western Borneo . A form known as Proto-Malayic was spoken in Borneo at least by 1000 BCE, it has been argued to be the ancestral language of all subsequent Malayic languages . Its ancestor, Proto-Malayo-Polynesian ,

2413-415: A loyalty conflict has been labeled a concurrent conflict of interest. The duty of confidentiality is protected in rules prohibiting so-called successive conflicts of interest, when a lawyer proposes to act adversely to the interests of a former client. A lawyer who has formerly represented a client in a matter is precluded from representing another person in the same or a substantially related matter that

2540-555: A mid vowel [e, o] . Orthographic note : both /e/ and /ə/ are written with ⟨e⟩ . Orthographic /e, o/ are relatively rare, so the letter ⟨e⟩ usually represents /ə/ . There are some homographs; for example, perang is used for both /pəraŋ/ "war" and /peraŋ ~ piraŋ/ "blond". (In Indonesia, "blond" may be written perang or pirang .) Some analyses regard /ai, au, oi/ as diphthongs. However, [ai] and [au] can only occur in open syllables, such as cukai ("tax") and pulau ("island"). Words with

2667-410: A particular individual is actually influenced by a secondary interest. A widely used definition is: "A conflict of interest is a set of circumstances that creates a risk that professional judgement or actions regarding a primary interest will be unduly influenced by a secondary interest." Primary interest refers to the principal goals of the profession or activity, such as the protection of clients,

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2794-417: A particular social role or practice. By definition, a "conflict of interest" occurs if, within a particular decision-making context, an individual is subject to two coexisting interests that are in direct conflict with each other. Such a matter is of importance because under such circumstances the decision-making process can be disrupted or compromised in a manner that affects the integrity or the reliability of

2921-434: A phonetic diphthong in a closed syllable, such as baik ("good") and laut ("sea"), are actually two syllables. An alternative analysis therefore treats the phonetic diphthongs [ai] , [au] and [oi] as a sequence of a monophthong plus an approximant: /aj/ , /aw/ and /oj/ respectively. There is a rule of vowel harmony : the non-open vowels /i, e, u, o/ in bisyllabic words must agree in height, so hidung ("nose")

3048-431: A root word ( affixation ), formation of a compound word (composition), or repetition of words or portions of words ( reduplication ). Nouns and verbs may be basic roots, but frequently they are derived from other words by means of prefixes , suffixes and circumfixes . Malay does not make use of grammatical gender , and there are only a few words that use natural gender; the same word is used for 'he' and 'she' which

3175-430: A secondary interest (such as financial gain). Conflict-of-interest rules [...] regulate the disclosure and avoidance of these conditions. Conflicts of interest have been described as the most pervasive issue facing modern lawyers. Legal conflicts rules are at their core corollaries to a lawyer's two basic fiduciary duties: (1) the duty of loyalty and (2) the duty to preserve client confidences. The lawyer's duty of loyalty

3302-427: A similar summary of 326 studies of the potential harm from cell phone usage with results that were similar but not as stark. Self-regulation of any group may also be a conflict of interest. If an entity, such as a corporation or government bureaucracy, is asked to eliminate unethical behavior within its own group, it may be in its interest in the short run to eliminate the appearance of unethical behavior, rather than

3429-518: A situation where an attorney undertook a representation directly adverse to the wholly owned subsidiary of a client, when the lawyer did not represent the subsidiary. Relying on the entity as client framework in Model Rule 1.13, the California committee opined that there was no conflict as long as the parent and subsidiary did not have a "sufficient unity of interests." The committee announced

3556-468: A substantial advantage to the organization in question over its competition, or will decrease the overall competitiveness of the bidding process. The influence of the pharmaceutical industry on medical research has been a major cause for concern. In 2009 a study found that "a significant number of academic institutions" do not have clear guidelines for relationships between Institutional Review Boards and industry. The medical-industrial complex describes

3683-597: A way to help and oversee the progress of Malaysia's own Malay films, in which their production and direction by the Malaysian people itself would be able to compete with those of international films brought into the nation. The first Malaysia Film Festival (or FFM1) ceremony was held on 11–13 April 1980, at the Nirwana Ballroom, Hilton Hotels in Kuala Lumpur to honour outstanding film achievements during

3810-402: Is dia or for 'his' and 'her' which is dia punya . There is no grammatical plural in Malay either; thus orang may mean either 'person' or 'people'. Verbs are not inflected for person or number, and they are not marked for tense; tense is instead denoted by time adverbs (such as 'yesterday') or by other tense indicators, such as sudah 'already' and belum 'not yet'. On the other hand, there

3937-456: Is a complex system of verb affixes to render nuances of meaning and to denote voice or intentional and accidental moods . Malay does not have a grammatical subject in the sense that English does. In intransitive clauses, the noun comes before the verb. When there is both an agent and an object , these are separated by the verb (OVA or AVO), with the difference encoded in the voice of the verb. OVA, commonly but inaccurately called "passive",

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4064-400: Is a cost imposed on consumers by governmental decisions, but never considered in any of the standard data on tax collections. Stern notes that sugar interests contributed $ 2.6 million to political campaigns, representing well over $ 1,000 return for each $ 1 contributed to political campaigns. This, however, does not include the cost of lobbying. Lessig cites six different studies that consider

4191-430: Is allowed but * hedung is not. Pronunciation Pronunciation Pronunciation Study by Uri Tadmor which was published in 2003 shows that mutation of ⟨a⟩ in final open syllable is an areal feature. Specifically, it is an areal feature of Western Austronesia. Uri Tadmor classify those types into four groups as below. Malay is an agglutinative language , and new words are formed by three methods: attaching affixes onto

4318-568: Is an Austronesian language that is an official language of Brunei , Indonesia , Malaysia , and Singapore . It is also spoken in East Timor and parts of Thailand . Altogether, it is spoken by 290 million people (around 260 million in Indonesia alone in its own literary standard named " Indonesian ") across Maritime Southeast Asia . The language is pluricentric and a macrolanguage , i.e., several varieties of it are standardized as

4445-406: Is designated the bahasa persatuan/pemersatu ("unifying language" or lingua franca ) whereas the term "Malay" ( bahasa Melayu ) is domestically restricted to vernacular varieties of Malay indigenous to areas of Central to Southern Sumatra and West Kalimantan . Classical Malay , also called Court Malay, was the literary standard of the pre-colonial Malacca and Johor Sultanates and so

4572-482: Is divided into Bornean and Sumatran Malay; some of the most widely spoken Sumatran Malay dialects are Riau Malay , Langkat , Palembang Malay and Jambi Malay . Minangkabau , Kerinci and Bengkulu are believed to be Sumatran Malay descendants. Meanwhile, the Jakarta dialect (known as Betawi ) also belongs to the western Malay group. The eastern varieties, classified either as dialects or creoles , are spoken in

4699-413: Is fundamental to the attorney-client relationship and has developed from the biblical maxim that no person can serve more than one master. Just as fundamental is the lawyer's duty to maintain client confidences, which protects clients' legitimate expectations that they can make full disclosure of all facts to their attorneys without fear of exposure. The basic formulation of the conflicts of interest rule

4826-444: Is in a position to exploit a professional or official capacity in some way for their personal or corporate benefit. Depending upon the law or rules related to a particular organization, the existence of a conflict of interest may not, in and of itself, be evidence of wrongdoing. In fact, for many professionals, it is virtually impossible to avoid having conflicts of interest from time to time. A conflict of interest can, however, become

4953-473: Is in the best interest of the insurance companies that the very smallest settlement is reached with its claimants. Based on the adjuster's experience and knowledge of the insurance policy it is very easy for the adjuster to convince an unknowing claimant to settle for less than what they may otherwise be entitled which could be a larger settlement. There is always a very good chance for a conflict of interest existing when one adjuster tries to represent both sides of

5080-406: Is independent of the occurrence of inappropriateness . Therefore, a conflict of interest can be discovered and voluntarily defused before any corruption occurs. A conflict of interest exists if the circumstances are reasonably believed (on the basis of past experience and objective evidence) to create a risk that a decision may be unduly influenced by other, secondary interests, and not on whether

5207-476: Is materially adverse to the former client. These two basic formulations – that a lawyer may not act directly adverse to a current client or adverse to a former client on a substantially related matter – form the cornerstone of modern legal conflicts of interest rules. An attorney owes the client undivided loyalty. The courts have described this principle as "integral to the nature of an attorney's duty." Without undivided loyalty, irreparable damage may be done "to

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5334-420: Is no inherent conflict. COI is sometimes termed competition of interest rather than "conflict", emphasizing a connotation of natural competition between valid interests—rather than the classical definition of conflict, which would include by definition including a victim and unfair aggression. Nevertheless, this denotation of conflict of interest is not generally seen. Baker summarized 176 studies of

5461-623: Is not a tonal language . The consonants of Malaysian and also Indonesian are shown below. Non-native consonants that only occur in borrowed words, principally from Arabic, Dutch and English, are shown in brackets. Orthographic note : The sounds are represented orthographically by their symbols as above, except: Loans from Arabic : Malay originally had four vowels, but in many dialects today, including Standard Malay, it has six, with /i/ split into /i, e/ and /u/ split into /u, o/ . Many words are commonly pronounced variably, with either [i, u] or [e, o] , and relatively few words require

5588-698: Is not illegal, but the differing roles will certainly provide an incentive for improper acts in some circumstances.) As an example, in the sphere of business and control, according to the Institute of Internal Auditors : conflict of interest is a situation in which an internal auditor , who is in a position of trust, has a competing professional or personal interest. Such competing interests can make it difficult to fulfil his lor her duties impartially. A conflict of interest exists even if no unethical or improper act results. A conflict of interest can create an appearance of impropriety that can undermine confidence in

5715-569: Is not readily intelligible with the standard language , and the same is true with some lects on the Malay Peninsula such as Kedah Malay . However, both Brunei and Kedah are quite close. Malay is now written using the Latin script , known as Rumi in Brunei, Malaysia and Singapore or Latin in Indonesia, although an Arabic script called Arab Melayu or Jawi also exists. Latin script

5842-595: Is official in Malaysia, Singapore, and Indonesia. Malay uses Hindu-Arabic numerals . Rumi (Latin) and Jawi are co-official in Brunei only. Names of institutions and organisations have to use Jawi and Rumi (Latin) scripts. Jawi is used fully in schools, especially the religious school, sekolah agama , which is compulsory during the afternoon for Muslim students aged from around 6–7 up to 12–14. Efforts are currently being undertaken to preserve Jawi in Malaysia, and students taking Malay language examinations in Malaysia have

5969-407: Is one of the aims of political ethics . Public officials are expected to put service to the public and their constituents ahead of their personal interests. Conflict of interest rules are intended to prevent officials from making decisions in circumstances that could reasonably be perceived as violating this duty of office. Rules in the executive branch tend to be stricter and easier to enforce than in

6096-521: Is similar to Kelantanese Malay, but the language has no official status or recognition. Owing to earlier contact with the Philippines , Malay words—such as dalam hati (sympathy), luwalhati (glory), tengah hari (midday), sedap (delicious)—have evolved and been integrated into Tagalog and other Philippine languages . By contrast, Indonesian has successfully become the lingua franca for its disparate islands and ethnic groups, in part because

6223-438: Is that a conflict exists "if there is a substantial risk that the lawyer's representation of the client would be materially and adversely affected by the lawyer's own interests or by the lawyers' duties to another current client, a former client, or a third person." The duty of loyalty requires an attorney not to act directly adverse to an existing client, even on an unrelated matter where the lawyer has no client confidences. Such

6350-624: Is the basic and most common word order. The Malay language has many words borrowed from Arabic (in particular religious terms), Sanskrit , Tamil , certain Sinitic languages , Persian (due to historical status of Malay Archipelago as a trading hub), and more recently, Portuguese , Dutch and English (in particular many scientific and technological terms). There is a group of closely related languages spoken by Malays and related peoples across Brunei , Indonesia , Malaysia , Singapore , Southern Thailand , Kampung Alor in East Timor , and

6477-525: Is the lack of possessive pronouns (and suffixes) in eastern dialects. Manado uses the verb pe and Ambon pu (from Malay punya 'to have') to mark possession. So 'my name' and 'our house" are translated in western Malay as namaku and rumah kita but kita pe nama and torang pe rumah in Manado and beta pu nama , katong pu rumah in Ambon dialect. The pronunciation may vary in western dialects, especially

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6604-470: Is to distinguish special interests from the general interests of all constituents. Second, the "political interests" of legislatures include campaign contributions which they need to get elected, and which are generally not illegal and not the same as a bribe. But under many circumstances, they can have the same effect. The problem here is how to keep the secondary interest in raising campaign funds from overwhelming what should be their primary interest—fulfilling

6731-457: Is trying to protect. The substantial relationship test was designed to protect against such disclosures. Under this test, the attorney's possession of the former client's confidential information is presumed if "confidential information material to the current dispute would normally have been imparted to the attorney by virtue of the nature of the former representation." The substantial relationship test reconstructs whether confidential information

6858-502: Is whether parent corporations and their subsidiaries are to be treated as the same or different entities for conflicts purposes. The first authority to rule on this question was the California State Bar Ethics Committee, which issued a formal opinion ruling that parent corporations and their subsidiaries are to be considered distinct entities for conflicts purposes. The California committee considered

6985-624: The Cham alphabet are used by the Chams of Vietnam and Cambodia . Old Malay was written using Pallava and Kawi script, as evident from several inscription stones in the Malay region. Starting from the era of kingdom of Pasai and throughout the golden age of the Malacca Sultanate, Jawi gradually replaced these scripts as the most commonly used script in the Malay region. Starting from the 17th century, under Dutch and British influence, Jawi

7112-423: The presiding court official or administrative officer. Applicable statutes or canons of ethics may provide standards for recusal in a given proceeding or matter. Providing that the judge or presiding officer must be free from disabling conflicts of interest makes the fairness of the proceedings less likely to be questioned. In the practice of law , the duty of loyalty owed to a client prohibits an attorney (or

7239-484: The "hot potato" doctrine. However, as one commentator has pointed out, the reasoning underlying this line of cases has been sparse, and few courts have attempted to justify this result through an analysis of the ethics rules. The unstated rationale behind the Hot Potato doctrine is that a withdrawal attempted without good cause under Model Rule 1.16(b) is an ineffective withdrawal, which does not successfully terminate

7366-785: The Best Film category of FFM28 to be put instead in the Best Non-Bahasa Malaysia Film category. The reasoning given was that the films had not followed the criteria amount of the Bahasa Malaysia used, which is around 70 percent. The move was deemed to be undeserving and thus received intense backlash from both filmmakers and netizens alike, particularly from the Screenwriters Association of Kuala Lumpur and Selangor (PENULIS) whose president Alfie Palermo had lambasted it as "racist". Although

7493-480: The California Supreme court held that a prospective waiver that did not make specific disclosure of an actual current conflict was not effective to waive that conflict. As the court said, The Sheppard Mullin case does not invalidate prospective waivers in California. It only holds that waivers of current and actual conflicts must specifically disclose those conflicts, an unremarkable conclusion. If

7620-495: The District of Columbia, and served as the basis of ABA Formal Ethics Opinion 95-390. The law in most jurisdictions is that parent corporations and their subsidiaries are treated as distinct entities, except in limited circumstances noted by the California ethics committee where they have a unity of interests. The Second Circuit has adopted a variation of the California standard. In GSI Commerce Solutions, Inc. v. BabyCenter LLC,

7747-505: The Federal Cinema of Kuala Lumpur. During this first awards and festival ceremony, only sixteen films were competing and awards were divided into three categories which are Heavy Drama (HD), Light Drama (LD) and Comedy (K). At the time of the hosting of the third ceremony, FFM was no longer being organised by Entertainment Journalists Association of Malaysia, but instead taken over by Malaysia National Film Development (FINAS) after

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7874-404: The Malay world of Southeast Asia, and was one of the oldest testimonies to the advent of Islam as a state religion in the region. It contains the proclamation issued by a ruler of Terengganu known as Seri Paduka Tuan, urging his subjects to extend and uphold Islam and providing 10 basic Sharia laws for their guidance. The classical Malay language came into widespread use as the lingua franca of

8001-1057: The Malayic languages spoken by the Orang Asli ( Proto-Malay ) in Malaya . They are Jakun , Orang Kanaq , Orang Seletar , and Temuan . The other Malayic languages, included in neither of these groups, are associated with the expansion of the Malays across the archipelago. They include Riau-Johor Malay ( Malaysian and Indonesian ), Kedah Malay , Kedayan/Brunei Malay , Berau Malay , Bangka Malay , Jambi Malay , Kutai Malay , Natuna Malay, Riau Malay , Loncong , Pattani Malay , and Banjarese . Menterap may belong here. There are also several Malay-based creole languages , such as Betawi , Cocos Malay , Makassar Malay , Ambonese Malay , Dili Malay , Kupang Malay , Manado Malay , Papuan Malay , Pattani Malay , Satun Malay , Songkhla Malay , Bangkok Malay , and Sabah Malay , which may be more or less distinct from standard (Malaccan) Malay. Due to

8128-789: The National Language category in their place. This counterreaction however upset the Film Directors' Association of Malaysia (FDAM), where its secretary Datuk Rahim Awang announced that the guild will not take part in the ceremonies as the allowing of Bahasa and non-Bahasa films to compete in equal terms "was akin to insulting the Federal Constitution and showing disrespect to the Rukunegara ". One of its excos and special project bureau head, Jeffrey Chiang submitted his letter of resignation to avoid association with

8255-681: The actual ancestor of Classical Malay. Old Malay was influenced by Sanskrit, the classical language of India . Sanskrit loan words can be found in Old Malay vocabulary. The earliest known stone inscription in the Old Malay language was found in Sumatra , Indonesia, written in the Pallava variety of the Grantha alphabet and is dated 1 May 683. Known as the Kedukan Bukit inscription , it

8382-408: The attorney's duty to preserve a client's confidential information. Model Rule 1.9(a) sets forth this doctrine in a rule that has come to be known as the substantial relationship test. The rule states: Without the substantial relationship test, a client attempting to prove that its former lawyer possesses its confidential information might have to disclose publicly the very confidential information it

8509-430: The behavior itself, by keeping any ethical breaches hidden, instead of exposing and correcting them. An exception occurs when the ethical breach is already known by the public. In that case, it could be in the group's interest to end the ethical problem of which the public has knowledge, but keep the remaining breaches hidden. Insurance companies retain claims adjusters to represent their interest in adjusting claims. It

8636-555: The colonial language, Dutch, is no longer commonly spoken. (In East Timor , which was governed as a province of Indonesia from 1976 to 1999, Indonesian is widely spoken and recognized under its Constitution as a 'working language'.) Besides Indonesian , which developed from the Riau Malay dialect, there are many Malay varieties spoken in Indonesia; they are divided into western and eastern groups. Western Malay dialects are predominantly spoken in Sumatra and Borneo , which itself

8763-404: The conflicts of the itinerant lawyer's former firm are imputed to their new firm. In Kirk v. First American Title Co., the court ruled that an itinerant lawyer's conflicts are not imputed to their new law firm if that firm timely sets up an effective ethics screen preventing the lawyers from imparting any confidential information to the lawyers in the new firm. An effective ethics screen rebuts

8890-747: The constitution as one of two working languages (the other being English ), alongside the official languages of Tetum and Portuguese . The extent to which Malay is used in these countries varies depending on historical and cultural circumstances. Malay is the national language in Malaysia by Article 152 of the Constitution of Malaysia , and became the sole official language in Peninsular Malaysia in 1968 and in East Malaysia gradually from 1974. English continues, however, to be widely used in professional and commercial fields and in

9017-403: The courses of action that could be foreclosed due to the joint representation, the potential danger that the client's confidential information might be disclosed, and the potential consequences if the lawyer had to withdraw at a later stage in the proceedings. Merely telling the client that there are conflicts, without further explanation, is not adequate disclosure. The lawyer must fully disclose

9144-516: The court moved to establish the Johor Sultanate, it continued using the classical language; it has become so associated with Dutch Riau and British Johor that it is often assumed that the Malay of Riau is close to the classical language. However, there is no closer connection between Malaccan Malay as used on Riau and the Riau vernacular. Among the oldest surviving letters written in Malay are

9271-615: The court ruled that parent corporations and their subsidiaries should be treated as the same entity for conflicts purposes when both companies rely "on the same in-house legal department to handle their legal affairs." However, the court ruled that the lawyer and client can contract around this default standard. The court quoted with approval the opinion of the City of New York Committee on Professional and Judicial Ethics, which stated, "corporate family conflicts may be averted by ... an engagement letter ... that delineates which affiliates, if any, of

9398-421: The criticism for the categories is not recent (the 'Best Picture, non-Bahasa Malaysia' category had been established in 2011 where as the 'Best Screenplay' and 'Best Director' awards with the same subcategory were created in this award), this year's awards was the first time that the criticism for the categories had become so widespread. Further suspicions of favouritism and conflict of interest also aroused from

9525-428: The duties of office. Politics in the United States is dominated in many ways by political campaign contributions. Candidates are often not considered "credible" unless they have a campaign budget far beyond what could reasonably be raised from citizens of ordinary means. The impact of this money can be found in many places, most notably in studies of how campaign contributions affect legislative behavior. For example,

9652-486: The early settlement of a Cape Malay community in Cape Town , who are now known as Coloureds , numerous Classical Malay words were brought into Afrikaans . The extent to which Malay and related Malayan languages are used in the countries where it is spoken varies depending on historical and cultural circumstances. Malay is the national language in Malaysia by Article 152 of the Constitution of Malaysia , and became

9779-474: The eastern part of the Malay or Nusantara archipelago and include Makassar Malay , Manado Malay , Ambonese Malay , North Moluccan Malay , Kupang Malay , Dili Malay , and Papuan Malay . The differences among both groups are quite observable. For example, the word kita means 'we, us' in western, but means 'I, me' in Manado, whereas 'we, us" in Manado is torang and Ambon katong (originally abbreviated from Malay kita orang 'we people'). Another difference

9906-536: The effect that "He who purchases on price alone deserves to get rooked." Real estate brokers have an inherent conflict of interest with the sellers they represent, because the usual commission structures of brokers motivate them to sell quickly rather than to sell at a higher price. However, a broker representing a buyer has a distinct disincentive to negotiate a lower price on behalf of their client, because they will simultaneously be negotiating their own commission lower. Regulating conflict of interest in government

10033-709: The entire entertainment industry (similar to the Anugerah Skrin) and Anugerah Industri Muzik for the music industry. The events used to be hosted by the Persatuan-Persatuan Kebudayaan mainly in Singapore to recognise excellence in the film industry especially Malay films. Upon the establishment of the Entertainment Journalists Association of Malaysia, FFM was appropriately schemed and outlined in

10160-505: The existing attorney-client relationship. When viewed in this light, a withdrawal accomplished with good cause should be an effective withdrawal that does permit a lawyer to take on a representation that would otherwise be conflicting, as long as there is no substantial relationship with the prior matter. The standard used to assess conflicts involving such former clients will be discussed in the next section. Conflicts of interest rules involving former clients are primarily designed to enforce

10287-429: The existing client's sense of trust and security – features essential to the effective functioning of the fiduciary relationship…" A key feature of the duty of loyalty is that an attorney may not act directly adverse to a current client or represent a litigation adversary of the client in an unrelated matter. The damage done is to the client's confidence that the lawyer is serving their interests faithfully. An example of

10414-574: The fact that the nominees were put forward by the head of the Malaysian Film Producers Society (PFM), Yusof Haslam , who also owns SKOP Productions where two entries for the Best Film Category, Mat Moto and Munafik happened to be produced. Yusof however denied such allegations, stating that it was FINAS's authority to elect juries for the awards. He had also offered to resign from the post next year should

10541-590: The far southern parts of the Philippines . They have traditionally been classified as Malay, Para-Malay, and Aboriginal Malay, but this reflects geography and ethnicity rather than a proper linguistic classification. The Malayic languages are mutually intelligible to varying extents, though the distinction between language and dialect is unclear in many cases. Para-Malay includes the Malayic languages of Sumatra . They are: Minangkabau , Central Malay (Bengkulu), Pekal , Talang Mamak , Musi (Palembang), Negeri Sembilan (Malaysia), and Duano’ . Aboriginal Malay are

10668-475: The following standard for evaluating the separateness of parent and subsidiary: As one commentator has noted, "For a state ethics opinion, California Opinion 1989-113 has been unusually influential, both with courts there, with ethics committees elsewhere, and through the latter set of ethics committee opinions, with… recent decisions in other jurisdictions." The California opinion has been followed by ethics committees in such jurisdictions as New York, Illinois and

10795-399: The government and these services conflict (e.g.: manufacturing parts and then participating in a selection committee comparing parts manufacturers). Corporations may develop simple or complex systems to mitigate the risk or perceived risk of a conflict of interest. These risks can be evaluated by a government agency (for example, in a U.S. Government RFP ) to determine whether the risks create

10922-482: The guild despite not agreeing himself with FDAM's stance. In 2017, FINAS's director-general Fauzi Ayob had announced that a new encompassing category called "Best Film" will replace the two aforementioned Best Film categories in upcoming future awards, stating in a press conference that "this move will allow all nominees to compete on equal grounds". Malay language Malay ( / m ə ˈ l eɪ / mə- LAY ; Malay: Bahasa Melayu , Jawi : بهاس ملايو )

11049-439: The health of patients, the integrity of research, and the duties of public officers. Secondary interest includes personal benefit and is not limited to only financial gain but also such motives as the desire for professional advancement, or the wish to do favours for family and friends. These secondary interests are not treated as wrong in and of themselves, but become objectionable when they are believed to have greater weight than

11176-521: The highlands of Sumatra , Indonesia . Terengganu Inscription Stone (Malay: Batu Bersurat Terengganu ; Jawi: باتو برسورت ترڠݢانو) is a granite stele carrying inscription in Jawi script that was found in Terengganu, Malaysia is the earliest evidence of classical Malay inscription. The inscription, dated possibly to 702 AH (corresponds to 1303 CE), constituted the earliest evidence of Jawi writing in

11303-511: The impression that Malays were afraid of competing with non-Malays". Nor Kassim later returned his previously won awards, wrapped in a black plastic bag, to FINAS director Kamil Othman during the Tanya FINAS 2.0 forum in Kuala Lumpur. The assistant-general secretary of the Film Directors' Association of Malaysia (FDAM), Hafiz Ibrahim had also resigned in protest. On 6 August, Communications and Multimedia Minister Salleh Said Keruak stated to

11430-617: The interaction between physician's conflict of interest with for-profit healthcare , continuing medical education , and patient's ethical considerations. In contrast to this viewpoint, an article and associated editorial in the New England Journal of Medicine in May 2015 emphasized the importance of pharmaceutical industry-physician interactions for the development of novel treatments, and argued that moral outrage over industry malfeasance had unjustifiably led many to overemphasize

11557-457: The interests of constituents without also representing some of their own. As Senator Robert S. Kerr once said, "I represent the farmers of Oklahoma, although I have large farm interests. I represent the oil business in Oklahoma...and I am in the oil business...They don't want to send a man here who has no community of interest with them, because he wouldn't be worth a nickel to them." The problem

11684-468: The interests of each. It will be rare indeed when an attorney's representation of a client will not have numerous indirect adverse effects on others. Obtaining a benefit for a client will often mean disadvantaging another person or entity, and indirect consequences may follow to all who may be dependents or owners of the attorney's opponents. The attorney's duty of loyalty, however, extends only to adverse consequences on existing clients which are 'direct.'...Of

11811-404: The internal auditor , the internal audit activity, and the profession. A conflict of interest could impair an individual's ability to perform his or her duties and responsibilities objectively. A few examples of conflict of interest are: An organizational conflict of interest (OCI) may exist in the same way as described above, for instance where a corporation provides two types of service to

11938-560: The language is sometimes called Malacca, Johor or Riau Malay (or various combinations of those names) to distinguish it from the various other Malayic languages . According to Ethnologue 16, several of the Malayic varieties they currently list as separate languages, including the Orang Asli varieties of Peninsular Malay , are so closely related to standard Malay that they may prove to be dialects. There are also several Malay trade and creole languages (e.g. Ambonese Malay ) based on

12065-763: The languages' words for kinship, health, body parts and common animals. Numbers, especially, show remarkable similarities. Within Austronesian, Malay is part of a cluster of numerous closely related forms of speech known as the Malayic languages , which were spread across Malaya and the Indonesian archipelago by Malay traders from Sumatra. There is disagreement as to which varieties of speech popularly called "Malay" should be considered dialects of this language, and which should be classified as distinct Malay languages. The vernacular of Brunei— Brunei Malay —for example,

12192-418: The legislative branch. This is visible through one study which highlights how Members of Congress who have specific stock investments may vote on regulatory and interventionist legislation. Two problems make legislative ethics of conflicts difficult and distinctive. First, as James Madison wrote, legislators should share a "communion of interests" with their constituents. Legislators cannot adequately represent

12319-460: The letters from Sultan Abu Hayat of Ternate , Maluku Islands in present-day Indonesia , dated around 1521–1522. The text is addressed to the king of Portugal , following contact with Portuguese explorer Francisco Serrão . The letters show sign of non-native usage; the Ternateans used (and still use) the unrelated Ternate language , a West Papuan language , as their first language . Malay

12446-417: The most common forms of conflicts of interests: Other improper acts that are sometimes classified as conflicts of interest may have a better classification. For example, accepting bribes can be classified as corruption, use of government or corporate property or assets for personal use is fraud , and unauthorized distribution of confidential information is a security breach . For these improper acts, there

12573-483: The national language ( bahasa kebangsaan or bahasa nasional ) of several nation states with various official names: in Malaysia, it is designated as either Bahasa Malaysia (" Malaysian ") or also Bahasa Melayu ("Malay language"); in Singapore and Brunei, it is called Bahasa Melayu ("Malay language"); in Indonesia, an autonomous normative variety called Bahasa Indonesia (" Indonesian language ")

12700-425: The numerous and varied consequences which a representation of one client may have on other clients, well-established legal authority interpreting the duty of loyalty limits the scope of ethical inquiry to whether the other affected clients are parties to the case or transaction in which the attorney is acting. --California State Bar Ethics Opinion 1989-113. Direct adversity may arise in litigation when an attorney sues

12827-431: The option of answering questions using Jawi. The Latin script, however, is the most commonly used in Brunei and Malaysia, both for official and informal purposes. Historically, Malay has been written using various scripts. Before the introduction of Arabic script in the Malay region, Malay was written using the Pallava , Kawi and Rencong scripts; these scripts are no longer frequently used, but similar scripts such as

12954-400: The outcomes. Typically, a conflict of interest arises when an individual finds themselves occupying two social roles simultaneously which generate opposing benefits or loyalties. The interests involved can be pecuniary or non-pecuniary. The existence of such conflicts is an objective fact, not a state of mind, and does not in itself indicate any lapse or moral error. However, especially where

13081-411: The period. The most recent ceremony, honouring films made in 2014 were held at Plenary Hall, KLCC, Kuala Lumpur on 5 September 2015. The first awards were presented on 13 April 1980, at the Nirwana Ballroom, Hilton Hotels as a closing ceremony for the first festival ever in which the opening ceremony on 11 April, was being opened officially by the then Minister of Information, Tan Sri Mohammad Rahmat at

13208-484: The policy. A person working as the equipment purchaser for a company may get a bonus proportionate to the amount the company is under budget by year-end. However, this becomes an incentive for the employee to purchase inexpensive, substandard equipment. Therefore, this is counter to the interests of those in the company who must actually use the equipment. W. Edwards Deming listed "purchasing on price alone" as number 4 of his famous 14 points , and he often said things to

13335-450: The potential impact of Bisphenol A on human health as follows: Lessig noted that this does not mean that the funding source influenced the results. However, it does raise questions about the validity of the industry-funded studies specifically, because the researchers conducting those studies have a conflict of interest; they are subject at minimum to a natural human inclination to please the people who paid for their work. Lessig provided

13462-423: The potential impairment to the lawyer's loyalty and explain how another unconflicted attorney might better serve the client's interests. It is not unusual in the current legal environment of large multinational and global law firms for the firms to seek advance or prospective waivers of future conflicts from their clients. A law firm is particularly likely to seek a prospective waiver when a large corporation seeks

13589-476: The press that he will meet up with FINAS officials over the increasingly volatile issue. On 11 August, Salleh Said had announced in a press statement to BERNAMA that the Best Film Category shall be open to all entries regardless of language. FINAS also decided to cancel all "Non-Bahasa Malaysia" subcategories for the Best Director, Best Screenplay and Best Picture awards and create a new Best Picture in

13716-453: The presumption that the itinerant lawyers shared confidential information with the lawyers in the new firm. The components of an effective ethics screen, as described by the court in Kirk, are: Judicial disqualification , also referred to as recusal , refers to the act of abstaining from participation in an official action such as a court case/legal proceeding due to a conflict of interest of

13843-408: The price of sugar in the United States has been roughly double the international price for over half a century. In the 1980s, this added $ 3 billion to the annual budget of U.S. consumers, according to Stern, who provided the following summary of one part of how this happens: This $ 3 billion translates into $ 41 per household per year. This is in essence a tax collected by a nongovernmental agency: It

13970-444: The primary interests. Conflict of interest rules in the public sphere mainly focus on financial relationships since they are relatively more objective, fungible , and quantifiable, and usually involve the political, legal, and medical fields. A conflict of interest is a set of conditions in which professional judgment concerning a primary interest (such as a patient's welfare or the validity of research) tends to be unduly influenced by

14097-542: The problem persist. In expressing dissatisfaction for the list, director Afdlin Shauki had announced in his Facebook page on 4 August that he will boycott the festival. The move was lauded by CIMB Group chairman Nazir Razak and Air Asia CEO Tony Fernandes . The protest was also joined by cinematographer Mohd Nor Kassim, who was nominated for his work in Bravo 5 , stating that the nominations' segregation by language "gave

14224-968: The problems created by financial conflicts of interest. The article noted that major healthcare organizations such as the National Center for Advancing Translational Sciences of the National Institutes of Health, the President's Council of Advisors on Science and Technology , the World Economic Forum, the Gates Foundation, the Wellcome Trust, and the Food and Drug Administration had encouraged greater interactions between physicians and industry in order to bring greater benefits to patients. The following are

14351-651: The pronunciation of words ending in the vowel 'a'. For example, in some parts of Malaysia and in Singapore, kita (inclusive 'we, us, our') is pronounced as /kitə/ , in Kelantan and Southern Thailand as /kitɔ/ , in Riau as /kita/ , in Palembang as /kito/ , in Betawi and Perak as /kitɛ/ and in Kedah and Perlis as /kitɑ/. Conflict of interest An "interest" is a commitment, obligation, duty or goal associated with

14478-541: The region during the Malacca Sultanate era (1402–1511). It was the period the Malay language developed rapidly under the influence of Islamic literature. The development changed the nature of the language with massive infusion of Arabic , Sanskrit , and Tamil vocabularies, called Classical Malay . Under the Sultanate of Malacca the language evolved into a form recognisable to speakers of modern Malay. When

14605-532: The second organisation of the awards ceremony. FINAS stood alone in organising the next three ceremonies notably starting from 1982 up to 1984. In the beginning of the FFM6, the ceremony was once again taken over by a different organiser, this time by the Federation of Film Artistes’ Association of Malaysia (GAFIM) after its establishment with the collaboration of FINAS. The FFM 7, which was held on 6 December 1987,

14732-590: The sole official language in West Malaysia in 1968, and in East Malaysia gradually from 1974. English continues, however, to be widely used in professional and commercial fields and in the superior courts. Other minority languages are also commonly used by the country's large ethnic minorities. The situation in Brunei is similar to that of Malaysia. In Singapore, Malay was historically the lingua franca among people of different nationalities. Although this has largely given way to English, Malay still retains

14859-530: The specialized knowledge of the firm in a small matter, without a high likelihood of repeat business. As the ABA stated in its Ethics Opinion 93-372: Prospective waivers are most likely to be upheld by the courts when they are given by sophisticated corporate clients represented by independent counsel in the negotiation of the waiver. However, in Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing Co. ,

14986-435: The status of national language and the national anthem , Majulah Singapura , is entirely in Malay. In addition, parade commands in the military, police and civil defence are given only in Malay. Most residents of the five southernmost provinces of Thailand —a region that, for the most part, used to be part of an ancient Malay kingdom called Pattani —speak a dialect of Malay called Yawi (not to be confused with Jawi), which

15113-608: The superior courts. Other minority languages are also commonly used by the country's large ethnic minorities. The situation in Brunei is similar to that in Malaysia. In the Philippines , Indonesian is spoken by the overseas Indonesian community concentrated in Davao City . Functional phrases are taught to members of the Armed Forces of the Philippines as well as local students. Malay, like most Austronesian languages,

15240-457: The top of the circle globe. Part of the base is engraved with each category winner. The pillars are made of gold coated pewter and are designed to resemble film rolls, symbolising the rapid growth of the local film industry. These four pillars also represent the four main stages of film production namely pre-production, production, post-production and promotion. The trophy is made of black acrylic, gold plated pewter and white acrylic. It stands at

15367-635: Was discovered by the Dutchman M. Batenburg on 29 November 1920 at Kedukan Bukit, South Sumatra , on the banks of the Tatang, a tributary of the Musi River . It is a small stone of 45 by 80 centimetres (18 by 31 in). For centuries, Srivijaya , through its expansion, economic power and military prowess, was responsible for the widespread of Old Malay throughout the Malay Archipelago . It

15494-456: Was gradually replaced by the Rumi script. Malay is spoken in Brunei , Indonesia , Malaysia , East Timor , Singapore and southern Thailand . Indonesia regulates its own normative variety of Malay, while Malaysia and Singapore use a common standard. Brunei, in addition to Standard Malay, uses a distinct vernacular dialect called Brunei Malay . In East Timor , Indonesian is recognised by

15621-618: Was likely to be imparted by the former client to the lawyer by analyzing "the similarities between the two factual situations, the legal questions posed, and the nature and extent of the attorney's involvement with the cases." The conflicts of an individual lawyer are imputed to all attorneys who "are associated with that lawyer in rendering legal services to others through a law partnership, professional corporation, sole proprietorship, or similar association." This imputation of conflicts can lead to difficulties when attorneys from one law firm leave and join another firm. The issue then arises whether

15748-423: Was materially limited by Kalla's dual representation." A concurrent conflict of interest may be resolved if four conditions are met. They are: Informed consent requires that each affected client be fully advised about the material ways that the representation could adversely affect that client. In joint representations, the information provided should include the interests of the lawyer and other affected client,

15875-650: Was the first to be held outside of Selangor and Kuala Lumpur. The event was held in Malacca . The first Best Actor category was won by Jins Shamsuddin for his performance in Tiada Esok Bagimu ; while Azean Irdawaty took home the Best Actress trophy for her performance in Esok Masih Ada . The FFM main trophy's physical design consists of four pillars that merge to open the lock together at

16002-621: Was the working language of traders and it was used in various ports, and marketplaces in the region. Other evidence is the Tanjung Tanah Law in post-Pallava letters. This 14th-century pre-Islamic legal text was produced in the Adityawarman era (1345–1377) of Dharmasraya , a Hindu-Buddhist kingdom that arose after the end of Srivijayan rule in Sumatra . The laws were for the Minangkabau people , who today still live in

16129-928: Was used solely as a lingua franca for inter-ethnic communications. Malay is a member of the Austronesian family of languages, which includes languages from Southeast Asia and the Pacific Ocean , with a smaller number in continental Asia . Malagasy , a geographic outlier spoken in Madagascar in the Indian Ocean , is also a member of this language family. Although these languages are not necessarily mutually intelligible to any extent, their similarities are often quite apparent. In more conservative languages like Malay, many roots have come with relatively little change from their common ancestor, Proto-Austronesian language . There are many cognates found in

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