March 2011 Archives

March 31, 2011

Licensed Translators and Interpreters, Translation for Attorneys, and Using Social Media Evidence to Impeach a Witness

We've blogged about multilingual professional translation services and the process of admitting foreign language information found in the social media into evidence. We also blogged about translation of international e-Discovery documents.

Social media sites may contain contradictory statements, character evidence, or other evidence that can be used to impeach witnesses during litigation. For example, in Mai-Trang Thi Nguyen v. Starbucks Coffee Corp., 2009 WL 4730899 (N.D. Cal. 2009), a Starbucks employee was fired for inappropriate conduct and threatening violence to fellow employees. The employee then sued Starbucks for sexual harassment, religious discrimination, and retaliation. The employee's MySpace page was submitted as evidence by Starbucks, where plaintiff stated: "Starbucks is in deep s**t with GOD!!! ...I will now have 2 to turn 2 my revenge side (GOD'S REVENGE SIDE) 2 teach da world a lesson about stepping on GOD. I thank GOD 4 pot 2 calm down my frustrations and worries or else I will go beserk and shoot everyone...." Based on the evidence submitted by Starbucks, the court granted summary judgment in its favor.

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March 24, 2011

Online Legal Translation Services and Tips for Expat Clients

Professional legal translation and court interpretation services are important for attorneys representing culturally and lingustically diverse clients. When dealing with expat clients living abroad or preparing to move abroad, it is important to advise them of the unique legal issues that may arise and, more importantly, prepare for them:

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March 23, 2011

Attorney Translation Services and Expert Testimony in International Law Cases

We've blogged about multilingual language interpreters and translators as expert witnesses in federal court cases. Expert testimony plays an equally important role in many international law cases. For example, in international family law cases, the family lawyer is often called upon to act as an expert witness. Typically, testimony will be in regards to:

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March 21, 2011

Real Estate Lease Translations to English, Legal Interpreting Services and Multilingual Translations of Real Estate Sales Contracts

We've blogged about professional legal translation of international commercial lease agreements. When it comes to selling and buying property overseas, a key phrase to keep in mind is 'seller beware!' This is because rules and regulations can change quickly, and without a foreign language translation things can be missed. For examples, recently France changed its law so as to institute a 1% increase on the rate of capital gains tax (CGT) on house sales in France. The flat rate will rise from 16% to 17%. French residents will also have to pay social charges of 12.1%, increasing their liability on selling a second home, to 29.1%.

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March 18, 2011

Legal Translation Services and the Estate Tax for US Citizens Living Abroad

We've blogged about multilingual legal translation services in the context of the international and US taxes for expats. On December 17, 2010 President Obama signed the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 (TRA 2010) into law. The Economic Growth and Tax Relief Reconciliation Act of 2001 gradually reduced the top tax rates and raised estate tax exemption levels through 2009. As of January 1, 2010, the estate tax and the generation-skipping transfer taxes (GST) had 'sunset' for people dying in 2010. In other words, there was no estate tax in 2010. However, the statute also specified that, if no Congressional action occurred, those taxes would return to their 2001 level in 2011.

TRA 2010 retroactively reinstates the Estate Tax for 2010 with a maximum rate of 35% and an estate tax exemption amount of $5 million. For estates under $5 million, no estate tax return is required except if one opts for 'portability' of a spouse's unused exemption. Indeed, starting in 2011 the part of the exemption amount that is not used upon the death of the first spouse to die can be carried over and used to increase the exemption of the surviving spouse.

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March 17, 2011

Translators for Court Cases, Legal Language Translation Services and Ethical Issues in International Arbitration

Language barriers abound in international arbitrations and can be remedied by professional legal interpretation and court translation services. In arbitrations, parties can either represent themselves or be represented by lawyers and even non-lawyers (such as corporate officers or technical advisors). Whenever lawyers are involved, international arbitration involves the same ethical issues that arise in other legal matters - for example, conflicts of interest, incompetence, lack of candor, dishonesty, improper communications, etc.

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March 15, 2011

Medicolegal Translations, Legal Translations, Attorney Ethics and International Arbitration

We've blogged about the importance of professional multilingual legal translation and legal interpretation services in the context of international arbitration agreements. As international arbitration continues to grow in popularity, the need for some type of international code of ethics becomes greater - especially considering the vast sums of money that arbitrators, arbitral institutions, parties and counsel all vie for. A second Golden Rule can be wherever there is money at stake, there is potential for misbehavior. Hence the movement for an international arbitration code of ethics.


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March 3, 2011

Legal Translation Online and Translation and Interpretation in Foreign Divorce Proceedings

We've blogged about online legal translations, legal translation and court interpretation services in international divorces. Recently, a Virginia court refused to grant a no-fault divorce - which is typically based on living separate and apart for one year - in a case where the separation was found to have been caused by the husband's 'clearly wrongful' action of refusing to renew his wife's visa. As a result, she could not enter the country, and hence the separation.

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March 2, 2011

International Language Translation Services and Trademark Applicants' Bona Fide Intent to Use

We've blogged about legal translation and legal interpreting services in the context of trademark and patent translations from and into various foreign languages. According to US trademark law, the filing of trademark applications protect trademarks which are not yet actually in use in commerce. In essence, the law allows for the filing of a trademark with the benefit of constructive use and priority based on the applicants' bona fide intent to use the mark. The question then is, what constitutes a bona fide intent to use?

Take for example the recent case Honda Motor Co., Ltd. v. Friedrich Winkelmann, 90 USPQ2d 1660 (TTAB 2009), which demonstrates the consequences of failing to show the required intent.

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