Translation For Lawyers

We've compared professional document translation services by professional human translators with the process of challenging computer generated foreign language translations. Machine translation first came into being during the Second World War, when code-breakers realized that language is akin to a set of logic problems, and thus can be solved using a logic-based machine. The machine in question was a ciphering machine, used to decipher intercepted enemy messages. The same logic has been applied to computer-aided translation, with machines deciphering the meaning of one human language, and then translating those meanings into another. This technology has found a ubiquitous internet presence, aided most recently by the advent of Smart Phones with translator applications. However, machine-based translation, though popular, simply cannot replace human translation, and, when the text in question is important, should never replace professional translation.

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Professional French to English legal translations and English to French legal translation services play an important role in international arbitration in France. In 2011 France adopted a new law on arbitration (Articles 1142 - 1527 of the French Code of Civil Procedure) that governs both domestic and international arbitration and implements a more flexible regime for international arbitration cases. France has a long history of supporting the use of international arbitration, in fact being one of the first countries to adopt the Model Rules and this new system follows this line of support. The purpose of the reform was to make French law more accessible to foreign practitioners via the introduction of new innovations. Under its new system, it can be said that France has one of the world's most pro-arbitration policies available. This article explores why.

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Professional German to English legal translations and English to German legal translation services play an important role in international litigation. As the legal profession continues to become more and more global, many attorneys will find themselves involved in dispute resolution matters outside the US. One question that often arises for the international litigator is professional ethics. On the one hand, you are bound by the professional ethics of your home jurisdiction, but on the other there is the code of professional ethics governing the practice of the international jurisdiction. This raises the question of 'which professional rules do you have to comply with - the rules of the home country or the rules of the country you are practicing in, or even both? Common ethical questions that arise in such 'double deontology' situations include:

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Medical translation and medical interpreting present unique challenges to you when you admit a patient who speaks a different language. Regardless of how severe that patient's medical problems are, accurate diagnosis and treatment is absolutely necessary. It's vital for you to be able to communicate adequately with your patients. It's also vital for you to have a correct understanding of your patients' medical histories and any medical records you might need to review in treating your patients.

The field of medicine is a highly specialized industry that relies on absolute accuracy in order to ensure the proper diagnosis and treatment of patients. If you work in the healthcare industry, you're very careful about every piece of information that gets entered into your patients' charts. The slightest change in wording, or even a small, seemingly insignificant spelling error can have disastrous results for your patients.

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We've blogged about legal translations in the context of Swedish patent law and EU patents. India's patent law has recently made the news following the decision of its Supreme Court to refuse to grant a patent to pharmaceutical giant Novartis for an updated version of Glivec - its cancer drug. This precedent-setting decision allows generic drug makers within India to continue to sell cheap versions of the drug - which is of real concern to the pharmaceutical industry that is looking at India's huge market.

The decision is based on section 3(d) of India's patent law, which states:

The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.

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We've blogged about the role of professional legal translation services in international antitrust cases. Last month the US District Court for the Eastern District of New York ruled that a Chinese company that supplied Vitamin C had acted in concert to fix prices for Vitamin C. In doing so, the supplier violated United States antitrust laws, awarding the US companies (acting as plaintiffs in a class action suit) $162.3 million in damages. However, only two defendants remained, with the other having previously entered into a settlement agreement. The two remaining defendants do plan on appealing the judgment.

This decision has important implications for international antitrust law, particularly for foreign companies exporting products to the US. For starters, the sum of the verdict is significant. In accordance with the Sherman Act, the $54 million in damages was automatically tripled. But even without the Sherman Act coming into play this is a significant chunk of change. For comparison purposes, the companies who had opted to enter into a settlement agreement paid only $10.5 million.

Continue reading " Legal Translation, Foreign Companies and the Use of the Foreign Compulsion Defense in Antitrust Cases" »

Certified legal translation and legal interpreting services are vital for international arbitration. The US Supreme Court is currently considering whether to grant certiorari in BG Group Plc. V. Republic of Argentina, a case that addresses various so-called 'gateway issues' and, in particular, the peculiarities that arise when gateway matters meet international investment arbitration.

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We've blogged about the importance of certified financial translation services in the context of FATCA. Now that with the Foreign Account Tax Compliance Act (FATCA) in full force, 2013 is a busy year for tax lawyers and tax filers. Although FATCA was passed in 2010, 2013 (for the 2012 tax year) is really the time it will be in full effect. This is primarily because the US government continues to reach compliance agreements with various foreign jurisdictions. In fact, early this year banking secrecy stronghold Switzerland bowed to FATCA, signing a bilateral agreement with the US government to 'improve tax compliance, combat international tax evasion and implement FATCA'. Currently the US is working with over 50 countries to curtail offshore tax evasion, including Norway, the UK, Mexico, Denmark, Ireland and Spain. Of course this means that foreign language translations of tax and accounting forms are now a regular part of tax compliance law.

At the heart of the Act is the information reporting and withholding requirement, which requires foreign financial institutions (FFIs) to report account numbers, balances, names, addresses and US taxpayer identification numbers to the US tax authorities.

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We've blogged about legal translation services that are required to authenticate non-English records. A precondition to admissibility of any document is authentication of the document or record. There are several provisions under the Federal Rules of Civil Procedure and the Federal Rules of Evidence that are of particular pertinence in cases involving public records and documents and foreign records of regularly conducted business activity.

The general requirement in FRE 901 provides that "authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what the proponent claims." While FRCP 44(a)(2) and FRE 902, discussed below, may provide for more direct avenues of authenticating foreign documents. Conversely, a district court abuses its discretion if it requires a certification as a mandatory pre-requisite to authenticating the document and refuses to consider evidence proffered by the proponent.

FRE 902(3) provides that a foreign public document that purports to be executed or attested by an official empowered to execute it is self-authenticating if it is:

[A]ccompanied by a final certification as to the genuineness of the signature and official position (1) of the executing or attesting person, or (2) of any foreign official whose certificate of genuineness of signature and official position relates to the execution or attestation or is in chain of certificates of genuineness of signature and official position relating to the execution or attestation.

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Professional legal contract translation services are vital for the practice of law. When drafting a contract in a foreign language one needs to start by determining whether the final contract will be in English, the foreign language (or both) and, if written in more than one language, which language will be the official language - and which will control if there is a conflict?

In such situations, a common mistake is to not think about these issues until the last minute and settle by adding basic boilerplate contract language stating that English is the "official language" of the contract--essentially acknowledging and dismissing at the same time the fact that the other party is not a native speaker of English.

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Certified legal translation services play an important role in FCPA compliance. With rare exception, a successfully managed, large-scale Foreign Corrupt Practices Act (FCPA) document review is measured by three critical factors: efficiency, accuracy and cost. While accuracy is of paramount importance, particularly in anticipation of potential disclosure to the Department of Justice or the Securities and Exchange Commission, efficiency and cost are often equally significant concerns to in-house counsel. FCPA lawyers who manage and oversee voluminous multilingual document reviews on a day-today basis must closely monitor the efficiency of the process they have set in place to collect, review, analyze, translate and finalize the documents that will ultimately be used as interview exhibits in order to ensure that the timeline and budget for the project stays within the bounds of the client's projected estimates.

While any sizable document review presents numerous logistical challenges, reviewing foreign language documents creates layers of unique difficulties, all of which add time and expense. Although it is impossible to predict every complication that will inevitably arise throughout the course of a large-scale multilingual FCPA review, this overview of common obstacles and roadblocks is designed to assist FCPA practitioners anticipate the challenges ahead and to help manage client expectations and budgets without sacrificing the quality of the work product.

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We've blogged about certified translation in the context of international mergers and acquisitions. Mergers and acquisitions (M&A) are always challenging - both legally and culturally - as they involve the merging of two distinct company procedures and cultures. When the M&A is international the process only becomes more complex - and not only because of the need for foreign language translations.

The first step is to understand the unique complexities of an international M&A. For example, the necessary data collection, due diligence process and closing process will take more time, effort and money to complete. More so, the level of challenge is generally dependent on the acquirer's experience and presence in the country where an acquisition is being made. Acquiring across national borders requires the buying firm to understand such differences as political, legal, economic/financial and cultural.

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Looking for certified translators or court-certified interpreters for a cross-cultural deposition or for an attorney-client meeting anywhere in the U.S.?

The legal translation service All Language Alliance, Inc. with headquarters in Denver, Colorado, and nationwide service coverage has certified legal language translators and legal interpreters in more than 100 foreign languages.

Contact www.languagealliance.com today to discuss your certified document translation request or to hire a professional deposition interpreter.

Certified translation services are indispensable in international litigation. Hearings or trials of legal disputes with international dimensions should be no different than a trial involving a purely domestic dispute. After all, this is one of the fundamental tenets of the US Constitution's promise of fundamental, procedural, and substantive equality of treatment of litigants. James B. Beam Distilling Co. v. Georgia, 501 U.S. 529 (1991) ("foreign litigants cannot be subjected to a legal regime unfairly different from that applied to domestic litigants simply because they are foreigners").

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Last week in the blog post Legal Translation, Corruption and Compliance- What You Need to Know we provided a brief overview of the Foreign Corrupt Practices Act (FCPA), highlighting its key points and summarizing what attorneys need to know. This week we take a practical approach to the same subject, providing a 'Compliance Checklist' that covers key issues that should be addressed in light of the FCPA. As a FCPA violation can result in lengthy and disruptive SEC and DOJ criminal investigations and stiff criminal penalties for companies and individuals, it is important to be proactive with compliance measures. Although there are many considerations to keep in mind concerning FCPA compliance, here is a 'top ten list' for managing risk and improving compliance:

Determine your FCPA Risk

All risk assessments should focus on corruption and bribery, paying particular attention to such factors as:

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