December 2010 Archives

December 29, 2010

Corporate Translation, Multilingual Legal Translation Services, MEGs and Foreign Jurisdiction

We've blogged about the importance of accurate corporate translations in cross-border insolvency cases. Multinational Enterprise Groups (MEGs) are businesses comprised of separate entities that operate in more than one country. Needless to say, MEGs dominate the global marketplace. However, because of their global structure, it is difficult to apply regulations to them. MEGs tend to fall between the cracks in the domestic and international legal rules. And there is no fully developed body of law aimed at this area. This lack of regulation often manifests itself in the context of insolvency.

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December 28, 2010

Professional Translation, International Discovery: The Hague Evidence Convention

Professional legal translation and court interpretation services play an important role in the international service of process. The Hague Convention is an international treaty that governs taking evidence abroad in civil and commercial matters. Regardless of whether or not the Convention actually governs a particular request for discovery, it is essential to understand its framework as the accepted method for harmonizing competing interests in cross-border litigation.
According to the Convention:

  • Document discovery is done by a Letter of Request, issued by the court where the action is pending via a Central Authority from the jurisdiction where the discovery is located.
  • Deposition testimony is also obtained by a Letter of Request, by a request that the testimony be taken before a diplomatic or consular officer or other appointed representative.

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December 27, 2010

Litigation Translation Services, Marital Property Division and International Jurisdiction

Online legal and court translation services play an important role in cross-border divorces. When a married couple has joint property located in various jurisdictions, where does jurisdiction fall if the couple separates? In the Washington Supreme Court case In Re Marriage of Kowalewski, the court said 'we do'.

In the case, the couple lived in the State of Washington at the time of separation. During the procedure, the court divided all community property, including two residences located in Poland. According to the court's findings, the two properties were of equal value so one got the apartment while the other took the farm.

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December 3, 2010

Court Interpreter and Language Translation Services, and Challenges in Practicing International Employment Law

We've blogged about language barriers that can be overcome with the use of professional court interpreter and language translation services in the practice of international law.

According to the article's author, Philip M. Berkowitz, the key is to understand what you don't know. His personal advice is to never advise a client on matters arising under foreign law.


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December 1, 2010

Document Translation Services and Billing the International Client

We've blogged about legal language interpretation and translation services of the attorney-client communication with the 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. According to attorney Arthur J. Lachman, in this situation the attorney's ethical obligations can be summaries into four points:

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