Translation For Lawyers

We've blogged about multilingual document translation online, social media and attorney ethics. We also wrote about professional legal translation and interpretation services and using social media to impeach a witness. Facebook, Twitter, LinkedIn, YouTube - all of these social media platforms are excellent places for attorneys to search to 'dig up dirt' on an opposing witness - or even their own client! So what are the limits for doing this?

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Multilingual business document translation services, deposition translations and and courtroom translations come in handy in the context of libel and defamation cases. We've blogged about legal translation services spanning various jurisdictions in defense of freedom of speech. The concept of freedom of speech is one that differs from jurisdiction to jurisdiction and thus is an area where potential international legal issues often arise. For example, in the US the First Amendment liberally protects the individuals' right to free speech. However, in the EU, the equivalent right is balanced against such interest as national security, crime prevention and the protection of reputation.

Of particular interest is the last point - balancing the right to free speech against the right of protection to one's reputation.

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Multilingual services of global legal translators and court interpreters are relevant in the practice of employment law. Some challenges are caused by the language and cultural differences. By the legal nature of job interviews, personality tests and other selection tools, there is an inherent tensional interplay between the employer's right to information and the employee's right to privacy. Which side the law favors depends on various factors and thus, each case should be viewed on its merits.

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We've blogged about certified corporate translation services and the issues of double taxation, as well as legal translation and interpretation services in the context of compliance with the Foreign Corrupt Practices Act. Prior to 2011, an individual owning foreign financial assets totaling at least $10,000 was required to disclose the account in which one had a financial interest or signatory or other authority over. As of 2011 and continuing in 2012, the Hiring Incentives to Restore Employment Act's new reporting requirements - which are in addition to the above cited requirement - remain in effect. When reporting said assets, all financial documents must contain a foreign language translation.

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We've blogged about foreign language pharmaceutical document translation services for private companies conducting research on human subjects in developing countries and about multilingual corporate translation services in the context of product safety and the Alien Tort Claims Act. Prior to the landmark Kiobel decision, courts have repeatedly come to the conclusion, relying on US domestic law, that corporations -just as individuals - could be viable defendants under the Alien Torts Statute. However, per the Kiobel decision, this tradition drastically changed.
The case stems from allegations that Royal Dutch Shell aided and abetted in human rights violations perpetrated by the Nigerian government. In its decision, the US Court of Appeals for the Second Circuit rejected the theory that corporations can be held liable in the US under the Alien Tort Claims Act - thus significantly limiting legal recourse available to victims of human rights abuses attributable to a corporate entity.

Continue reading "Worldwide Multilingual Legal Translator Services and Another Look at Kiobel" »

We've blogged about multilingual document translation services for expatriates in light of the US tax code, and about corporate translation and the issue of double taxation. In order to not be required to file a US federal tax return, a US citizen living abroad must register their name as expatriate status with the Federal Register. Typically anyone living and working abroad whose net income meets the required net worth or tax liability test is required to report and pay taxes on their foreign-earned income. Exceptions to this rule include anyone renouncing their US citizenship and/or terminating their lawful US permanent residency status for which the IRS has received information on from one or more of three listed sources.

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Foreign-language legal document review process and certified legal document translations are integral parts of patent litigation and patent infringement prosecution. We've blogged about partial translations in complex patent cases and about document translation in the context of pre-invention contracts and the right to title. Under the new America Invents Act, patent owners will now be able to request the US Patent and Trademark Office to 'consider, reconsider or correct' information that was previously not considered - or inadequately considered - during a prior prosecution. Further, a court will not be able to hold that a patent is unenforceable based on information stemming from a supplemental examination.

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Professional certified translation services play an important role in multilingual e-Discovery and cross-border eDiscovery. Despite the many benefits that cloud computing offers, it also creates numerous risks for its users - namely in terms of security, performance, service availability, contractual remedies, etc. Although traditional IT outsourcing also comes with similar risk, the difference between the legal risks of the traditional and cloud computing is in the 'where'.

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We've blogged about the role of certified legal interpreters and legal translators in international dispute resolution and international law, and about attorney ethics in multilingual arbitration proceedings.

Continue reading "Certified Legal Translation and New ICC Arbitration Rules Coming into Effect January 1st, 2012" »

We've blogged about the need for professional certified translation services of product warning labels, as well as professional translation of "Made in USA" labels. In the US, the Food and Drug Administration has strict labeling requirements for many products, like cosmetics, for example. And just as the US has its own specific requirements, so do nearly every other country on the planet.

Continue reading " Legal Translation Online, Certified Pharmaceutical Translations and Navigating the Inconsistencies in International Labeling Requirements" »

We've blogged about trademark translation services in the context of trademark applicant's bona fide intent to use, as well as legal translation and legal interpreting solutions in view of China's copyright laws.

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Multilingual legal translation and professional legal interpretation services play an important role in the FCPA compliance issues. The Foreign Corrupt Practices Act (FCPA) is a federal anti-bribery statute that prohibits US individuals and US companies, their subsidiaries, personnel, shareholders and agents from paying, offering, or promising to pay anything of value to foreign officials - either directly or indirectly, for the purpose of obtaining or retaining business. As explained in an earlier Translation for Lawyers blog post, the FCPA is vague on definitions. To ensure that you and your company remain compliant, here are some tips:

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We've blogged about FCPA translation and multilingual legal interpretation services for corporate legal departments and attorneys. Last spring, the US Department of Justice convicted its first corporate defendant under the auspices of the Foreign Corrupt Practices Act (FCPA) - the country's toughest anti-bribery law. However, that conviction - and many since - have been tarnished with embarrassing mistakes and mistrials - leading many to believe that the DOJ is trying to push the FCPAs jurisdiction too far. Although the FCPA has been on the books for awhile, it is only recently that it is being used regularly - leading such advocacy organizations as the US Chamber of Commerce to complain that it is actually impeding US company's ability to compete in the global marketplace.

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Certified legal translators and court-certified interpreters are routinely utilized in international and domestic family law cases and in international child custody cases. A recent, unreported case out of Virginia highlights the approach many courts are taking towards child relocation when one parent lives in a foreign country. Gudino v. Gudino (Record No. 0068-11-2, November 1, 2011). In the case, the Court of Appeals affirmed the lower court's decision to award custody to the father, who was residing in Japan.

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We've blogged about multilingual legal translation and interpretation services in the context of corporate and legal translations in alien tort statute cases, and about legal language services in cases involving tortuous interference with a contractual relationship. Mass tort lawsuits are never easy to settle, and become all the more difficult when occurring in an international setting. One issue of particular contention is conflict of interest rules. In one particular case, various groups of freelance writers from around the world brought a class action suit for copyright infringement against major publishers. In this particular case, the class action was rejected on the grounds of inadequate representation of one subclass. However, there is question on whether the decision applies only to a formal class action suit or to any case involving mass torts.

Continue reading "Certified Legal Language Services and International Mass Tort Litigation" »