November 2010 Archives

November 26, 2010

Professional Language Translation and Foreign Evidence in US Product Liability Cases: Admissibility

In the prior legal translation blog entry we introduced the issue that foreign manufacturers face in a US products liability claim. In this legal language translation blog post, we'll look at how the US courts have viewed the issue of admissibility of foreign language evidence in these types of claims. US courts have held that foreign design and safety standards are not admissible as they are not relevant and only confuse the jury. Deviner v. Electrolux Motor, 844 F.2d 769, 770 (11th Cir. 1988).

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November 25, 2010

Legal Translation and Foreign Evidence in US Product Liability Cases: Introduction

We've blogged about human translation and foreign language interpreter services in the context of the Alien Tort Claims Act, product safety, translating foreign contracts for court and resolving cross-cultural disputes. Although globalization has changed the way all companies do business, manufacturing companies have been uniquely effected. Any manufacturer who exports products to foreign countries is often required to modify their product line to conform to the foreign country's laws and standards. Not only is the manufacturing of various alternatives of the same product a challenge, lack of understanding the laws of a foreign jurisdiction increases the risk of liability.

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November 19, 2010

Court Interpreting Services and a Father's Right to Custody in the International Context

We've blogged about legal interpreting and translating services in the context of international family law cases. Under the Hague Abduction Convention and EC Regulation 2201/2003, a parent has what is termed 'rights of custody'. However, at least in the EU, many courts are ruling to expand the scope of this right. For example, in J. McB. V. L.E., the Irish Supreme Court rules on the question:

"Does the European Convention on Human Rights preclude a Member State from requiring by its law that the father of a child who is not married to the mother shall have obtained an order
of a court of competent jurisdiction granting him custody in order to qualify as having 'custody rights' as defined by Brussels IIbis?"

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November 18, 2010

Legal Translator Services, International Arbitration and Attorney Ethics

We've blogged about professional document translation and language interpreting services and successful international arbitration. Acting as an attorney in an international arbitration case often involves many of the same ethical issues common to any form of legal representation. For example, issues of conflicts of interest, incompetence, dishonesty, improper communication with opposing parties and privileges are all just as present in international arbitration as they are in any other legal setting.

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November 13, 2010

Language Translation Services and Ethics in Business Negotiation

We've blogged about online legal language interpretation and translation services during of attorney-client communication with LEP (Limited English Proficiency) clients. Ethics questions always seem to arise in the gray area of attorney responsibilities with respect to persons other than clients during a negotiation- especially when those individuals speak a foreign language. According to attorney Arthur J. Lachman, in this situation the attorney's ethical obligations can be summaries into four points:

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November 12, 2010

Language Translation and the New Foreign Tax Credit Blending Rule

We've blogged about professional legal and financial translation services in the context of pension plans for foreign nationals. Professional legal translation services are equally important in figuring out the new foreign tax credits. Recently, the US government passed HR 1586, which has important changes regarding US international tax rules, particularly pertaining to Section 956 (the foreign tax credit blending rule).

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November 3, 2010

Language Translation and Child Custody: Hague Convention vs. European Court of Human Rights

We've blogged about professional translation services in the context of international child custody cases. Although The Hague Convention and the European Convention on Human Rights (ECHR) tend to be similar and thus connected, there are areas of contention - which may have significant impact on jurisdiction. In the recent Case of Neulinger and Shuruk, the European Court of Human Rights (Court) determined that a Swiss return order under the Hague Convention violated the right to family life under the ECHR. This particular case involved a Swiss court order for a mother to return the child to Israel, ruling that the father had custody and thus the mother needed consent before removing the child from the country.

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November 2, 2010

Foreign Language Translations and the Lemon Law

One of the leading reasons auto dealerships are sued is when they fail to provide a foreign language translation of a contract when the transaction is primarily negotiated in a foreign language. In some states, such as California, it is specifically required by law to provide such a foreign language translation of a contract. In others, transactions are being ruled null and void because of this failure.

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