January 2008 Archives

January 31, 2008

Foreign Language Certified Document Translations Essential for Class Certification under Rule 23(c)(2)

Foreign language translations play an important role in cross-border securities and debt litigation. When foreign investors are involved in a class action against a U.S. company, Rule 23(b)(3) comes into play.

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January 31, 2008

Language & Cultural Barriers between French Speakers and Dutch Speakers Threaten to Break Up Belgium

A recent article in The Washington Post explores a new flare-up of old tensions between French- and Dutch-speaking populations of Belgium. Many of these tensions spring up from the linguistic, cultural, and political obstacles (such as Flemish demands for greater autonomy), and cannot be easily overcome even with the help of professional legal French language translation and French language interpretation services, or with the help of professional legal Dutch language translation and Dutch language interpretation services.

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January 30, 2008

Cross-Border Litigation Increases the Need for Professional Foreign Language Legal Translation Services

As securities-fraud lawsuits go global, the need for professional foreign language live, print, and written translation services is on the rise. Late last year the United States District Court for the District of New Jersey entered a ruling that essentially excludes all non-U.S. purchasers of Shell securities from becoming a party in a class action lawsuit for security fraud filed in the United States.

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January 24, 2008

Foreign Language Translation & the Consequences of Preserving or Erasing Foreign Language Electronically Stored Information from a Work Computer

The management of electronically stored information (ESI) created and/ or stored on a company’s computers presents challenges, when such data is in a foreign language. And I am not talking about the challenges related to foreign language translation of the electronically stored information during discovery, also known as foreign language e-Discovery.

Rather, I’m talking about the decision to either preserve or erase multilingual ESI on a work-owned computer, which can have significant legal consequences for both the employer and the employee, if the need to produce foreign language evidence later were to come up in litigation.

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January 23, 2008

Certified Foreign Language Translation and the Sarbanes-Oxley Act of 2002

Foreign language translation plays an important part in the internal and external investigations and in litigation under the Sarbanes-Oxley Act of 2002. The Sarbanes-Oxley Act of 2002 was passed to combat incidences of white collar crime, particularly in the realm of corporate accounting. One of the main components that came out of the Sarbanes-Oxley Act was protection for whistleblowers and safe ways for them to report fraudulent actions.

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January 17, 2008

Witness Interview Translators, Deposition Interpretation & Translation Services in a Foreign Deposition in U.S. Federal Cases

During a U.S. federal case, an attorney will often be required to take a deposition in a foreign country. Such foreign depositions, or cross-cultural depositions, if you will, often involve non-English-speaking witnesses and require services of professional foreign language court interpreters, fluent in the deponents' languages.

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January 16, 2008

Legal Document Translations in Light of Royal Dutch Shell Global Class Action and Collective Settlement Agreements

With the highly publicized Royal Dutch Shell class action suit, the field of global class actions is once again being redefined. And with this and similar suits, multilingual foreign language live, print, and written translation becomes an essential issue to successfully litigating and negotiating these actions.

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January 10, 2008

Translation and Interpreting Services for Intellectual Property Attorneys and Law Firms, or Can a Foreign Language Word Get a Trademark Protection?

When a company files an intent-to-use application under 15 U.S.C. 1051(b)(1) in order to register a term, the word cannot be descriptive or deceptively misdescriptive of the company's good or service. An issue can arise when the applied for word is also a foreign language word. Its English translation can play a pivotal role in the trademark application and review process.

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January 9, 2008

Certified Translation of Foreign Laws and Wills, and the Law of Trusts and Estates when Foreign Real Estate is Involved

As more and more people invest in foreign real estate, the legal question of what happens to that property during the probate process is struggling for an answer. The issue is complicated by the laws of the jurisdiction where the property is located, where the will is made and probate occurs, as well as by tax planning considerations. And that's where certified translation of foreign laws and translation of foreign wills comes in handy.

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January 7, 2008

Author of "Translation for Lawyers" Legal Translation Blog Quoted in ABA Journal's Article on Remote Foreign Language Interpreting Services

Remote foreign language interpretation services, i.e. services provided by a foreign language interpreter who is not on-site, and, therefore, not in the presence of the speaker, have been around for a long time. Such live, real-time foreign language interpreting services are occasionally referred to as "telephone interpreting", "telephonic interpreting", and even "video interpreting". "Remote courtroom interpretation services, on the other hand, are still novel for many jurisdictions.

Nina has recently been quoted in the ABA Journal's article "Translation Station", which talks about a special telephone technology that allows foreign language interpreters to work remotely and interpret court proceedings in real time.

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January 6, 2008

Foreign Language Translation and Adaptation, and Entertainment Law

When negotiating a contract for a client involved in the entertainment sector, including authors, actors and directors, one issue that needs to be resolved is foreign language translations and adaptations of your client’s work. As many movies and books are translated and released for foreign sales, specific contract clauses must address your client’s financial interests in these foreign language adaptations.

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January 5, 2008

Professional Translation Tips on Managing Large Scale Foreign Language Discovery

With the increasing reliance on e-Discovery, practicing attorneys are finding themselves involved in ever-growing amounts of multilingual discovery documents. As more and more contracts and business partnerships involve cross-border arrangements, much of this discovery is foreign language discovery. Trying to manage and organize this foreign language discovery can be a daunting task. However, by keeping a few simple pointers in mind, large-scale foreign language discovery can go from being a big mess to a beneficial and well organized negotiating and litigation tool.

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